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Overseas Investment Act 2005

Consent and conditions regime - Enforcement - Powers of court

51AAA: Court may grant injunction

You could also call this:

"The court can stop people breaking the Overseas Investment Act rules or make them follow the rules."

Illustration for Overseas Investment Act 2005

The court can stop someone from doing something that breaks the Overseas Investment Act or its regulations. You can ask the court to do this if someone is doing something they should not be doing, like something referred to in section 48(1). The court can also make someone do something they are supposed to do if they are not doing it and this is breaking the Act or regulations.

The court can make this decision if someone has refused to do something, is refusing to do it, or is going to refuse to do it. This refusal must be breaking the Act or regulations.

The court can change or cancel its decision at any time.

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This page was last updated on

View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS358302.

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

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

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51AAB: When court may grant restraining injunctions, or

"The court can stop you from doing something if it thinks you might cause problems."

Part 2Consent and conditions regime
Enforcement: Powers of court

51AAACourt may grant injunction

  1. The court may, on the application of the regulator or any other person, grant an injunction—

  2. restraining a person from engaging in conduct that constitutes or would constitute a contravention of this Act or regulations (including any matter referred to in section 48(1)):
    1. requiring a person to do an act or a thing if—
      1. that person has refused or failed, or is refusing or failing, or is proposing to refuse or fail, to do that act or thing; and
        1. the refusal or failure was, is, or would be a breach of this Act or regulations.

        2. The court may at any time rescind or vary an injunction granted under this Part.

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        Notes
        • Section 51AAA: inserted, on , by section 42 of the Overseas Investment (Urgent Measures) Amendment Act 2020 (2020 No 21).