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Overseas Investment Act 2005

Consent and conditions regime - Enforcement - Enforceable undertakings

46G: Considerations for court orders

You could also call this:

"What judges consider when making court orders about overseas investments"

Illustration for Overseas Investment Act 2005

When you are in court and a judge is thinking about making an order under section 46F, they have to think about some things. They have to think about what happened and how bad it was. They also have to think about whether someone got hurt or lost something because of what happened.

The judge has to think about whether someone made money or avoided losing money because of what they did. They have to think about why what happened was wrong and whether it was on purpose or an accident. They also have to think about what the Overseas Investment Act is trying to achieve.

The judge has to think about all these things and anything else they think is important when they are deciding what to do.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS357792.

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Part 2Consent and conditions regime
Enforcement: Enforceable undertakings

46GConsiderations for court orders

  1. The court must, before making an order under section 46F, take into account—

  2. the nature and extent of the contravention; and
    1. any loss or damage caused by the contravention; and
      1. any financial gain made, or loss avoided, from the contravention; and
        1. the circumstances in which the contravention took place (including whether the contravention was intentional, inadvertent, or caused by negligence); and
          1. the purpose of this Act; and
            1. any other matters that it considers relevant.

              Notes
              • Section 46G: inserted, on , by section 36 of the Overseas Investment (Urgent Measures) Amendment Act 2020 (2020 No 21).