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Receiverships Act 1993

36: Meaning of failure to comply

You could also call this:

"What happens when a receiver breaks the rules"

Illustration for Receiverships Act 1993

When you are a receiver, you have to follow certain rules. If you do not follow these rules, it is called a failure to comply. You must comply with the deed or agreement that appointed you, any laws that apply, rules of law, and court orders.

If someone takes you to court under section 37, the court can use some facts that were already decided in other cases. These facts can be used as evidence that you did not comply with the rules. You can prove these facts by showing a document from the court that made the decision.

In court, a finding of fact from another case can be used as evidence against you. This finding of fact can be proved by producing a document from the court that made the decision, which is like a receipt that shows what the court decided.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM327762.

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36Meaning of failure to comply

  1. In section 37, failure to comply means a person’s failure to comply with any of the following, to the extent that they apply to the person in the person's capacity as a receiver:

  2. the deed, agreement, or order of the court by or under which the receiver was appointed:
    1. an enactment:
      1. a rule of law:
        1. a court order.

          1. In proceedings under section 37,—

          2. a finding of any fact made in proceedings before the District Court or High Court for an offence under this Act or any other enactment that there was a failure to comply is prima facie evidence of that fact:
            1. a finding described in paragraph (a) may be proved by production of a document under the seal of the court in which the finding was made.

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              Notes
              • Section 36: replaced, on , by section 73 of the Insolvency Practitioners Regulation (Amendments) Act 2019 (2019 No 28).