Takeovers Act 1993

Investigation and enforcement - Enforcement by court - General

43A: Only 1 pecuniary penalty order may be made for same conduct

You could also call this:

"You can only get one financial penalty for breaking the law in the same way."

Illustration for Takeovers Act 1993

You can break the law in more than one way with the same action. If this happens, you can be taken to court for one or more of these breaches. You will only get one financial penalty for the same action.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM326373.

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43: More than 1 civil remedy order may be made for same conduct, or

"You can get more than one order for the same mistake."


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43B: Standard of proof for civil remedies, or

"What proof is needed to win a civil case in a takeover dispute"

Part 3Investigation and enforcement
Enforcement by court: General

43AOnly 1 pecuniary penalty order may be made for same conduct

  1. If conduct by a person constitutes a contravention of 2 or more provisions of the takeovers code, proceedings may be brought against that person for the contravention of any 1 or more of the provisions, but no person is liable to more than 1 pecuniary penalty order for the same conduct.

Notes
  • Section 43A: inserted, on , by section 23 of the Takeovers Amendment Act 2006 (2006 No 48).