Takeovers Act 1993

Investigation and enforcement - Enforcement by court - General

43B: Standard of proof for civil remedies

You could also call this:

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

Illustration for Takeovers Act 1993

When you are in court for a takeover issue, it is a civil case. You follow the usual court rules for civil cases. This includes the rules of evidence and the standard of proof.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM326375.

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

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


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43C: Time limit for applying for civil remedies, or

"You have 2 years to apply for help in court after finding out about a problem."

Part 3Investigation and enforcement
Enforcement by court: General

43BStandard of proof for civil remedies

  1. The proceedings under this subpart are civil proceedings and the usual rules of the court and rules of evidence and procedure for civil proceedings apply (including the standard of proof).

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