Overseas Investment Act 2005

Consent and conditions regime - Enforcement - Powers of court

51: Court may order compliance with condition of consent, exemption, exemption certificate, direction order, or interim direction order

You could also call this:

"Courts can make you follow the rules of your overseas investment approval"

If you have a consent, exemption, or exemption certificate, or if you are subject to a direction order or an interim direction order, this section applies to you. You must follow the conditions of your consent, exemption, or exemption certificate, or the direction order or interim direction order. The court can help make sure you do this if the regulator asks them to.

The court can stop you from doing something that breaks a condition of your consent, exemption, or exemption certificate, or a direction order or interim direction order. The court can also order you to follow the condition if you are not already doing so. This means you will have to do what the condition says, or stop doing what you are doing that breaks the condition.

You should be aware that the regulator can ask the court to take these steps if you are not following the conditions. The court's decision will depend on the specific circumstances of your case.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM358070.


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Part 2Consent and conditions regime
Enforcement: Powers of court

51Court may order compliance with condition of consent, exemption, exemption certificate, direction order, or interim direction order

  1. This section applies to—

  2. a consent holder:
    1. a person who is relying on an exemption or an exemption certificate that is subject to a condition:
      1. a person who is subject to a direction order or an interim direction order.
        1. On the application of the regulator, the court may—

        2. restrain a person from acting in breach of a condition of a consent, an exemption, an exemption certificate, a direction order, or an interim direction order:
          1. order a person in breach of a condition of a consent, an exemption, an exemption certificate, a direction order, or an interim direction order to comply with it.
            Notes
            • Section 51 heading: amended, on , by section 41(1) of the Overseas Investment (Urgent Measures) Amendment Act 2020 (2020 No 21).
            • Section 51: replaced, on , by section 42 of the Overseas Investment Amendment Act 2018 (2018 No 25).
            • Section 51(1)(c): inserted, on , by section 41(2) of the Overseas Investment (Urgent Measures) Amendment Act 2020 (2020 No 21).
            • Section 51(2)(a): amended, on , by section 41(3) of the Overseas Investment (Urgent Measures) Amendment Act 2020 (2020 No 21).
            • Section 51(2)(b): amended, on , by section 41(3) of the Overseas Investment (Urgent Measures) Amendment Act 2020 (2020 No 21).