Overseas Investment Act 2005

Consent and conditions regime - Enforcement - Powers of court

49: Court may order mortgage to be registered over land

You could also call this:

"Court can make you register a mortgage to follow the rules or pay back money"

The court can order a mortgage to be registered over some land if the regulator asks them to. This is to make sure you do what you are supposed to do under a consent, exemption, or order, or to make you repay money. You might have to pay a fine or a civil pecuniary penalty, or pay interest as ordered under section 50. The court must agree to the terms of the mortgage before it is registered. The court can make other orders or give directions to make sure their order is followed.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM358068.


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Part 2Consent and conditions regime
Enforcement: Powers of court

49Court may order mortgage to be registered over land

  1. The court may, on the application of the regulator, order that a mortgage in favour of the Crown or any other person be registered over land to which a consent, an exemption, an exemption certificate, a direction order, an interim direction order, a prohibition order, or a disposal order relates for the purpose of securing—

  2. the performance of any obligation, or the repayment of any money, under a term or condition of the consent, the exemption, the exemption certificate, the direction order, the interim direction order, the prohibition order, or the disposal order; or
    1. the payment of a fine or civil pecuniary penalty imposed under this Act; or
      1. the payment of interest that must be paid under an order made under section 50.
        1. The court must approve the terms of the mortgage before it is registered.

        2. The court may make any other order or make any direction that is necessary to give effect to an order under subsection (1).

        Notes
        • Section 49(1): amended, on , by section 39(1) of the Overseas Investment (Urgent Measures) Amendment Act 2020 (2020 No 21).
        • Section 49(1)(a): replaced, on , by section 39(2) of the Overseas Investment (Urgent Measures) Amendment Act 2020 (2020 No 21).
        • Section 49(1)(b): amended, on , by section 39(3) of the Overseas Investment (Urgent Measures) Amendment Act 2020 (2020 No 21).