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Overseas Investment Act 2005

Consent and conditions regime - Enforcement - Powers of court

51AAB: When court may grant restraining injunctions

You could also call this:

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

Illustration for Overseas Investment Act 2005

The court can stop you from doing something if it thinks you have done it before or if it seems like you will do it. The court can make this decision if it believes you will do something that might cause problems. You might be stopped from doing something even if you do not plan to do it again.

The court can also make a temporary decision to stop you from doing something if it thinks that is a good idea. This can happen whether or not you plan to keep doing something or if you have done it before. The court can make this decision even if it is not sure if you will do something that might cause big problems for someone else.

You can find more information about this by looking at section 481 or the Overseas Investment (Urgent Measures) Amendment Act 2020. The court's decision can be based on what it thinks you will do in the future. It can also be based on what you have done in the past.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS358304.

Topics:
Crime and justice > Courts and legal help
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51AAA: Court may grant injunction, or

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

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"Courts can order you to do something if they think you won't do it otherwise"

Part 2Consent and conditions regime
Enforcement: Powers of court

51AABWhen court may grant restraining injunctions

  1. The court may grant an injunction restraining a person from engaging in conduct of a particular kind if—

  2. it is satisfied that the person has engaged in conduct of that kind; or
    1. it appears to the court that, if an injunction is not granted, it is likely that the person will engage in conduct of that kind.

      1. The court may grant an interim injunction restraining a person from engaging in conduct of a particular kind if in its opinion it is desirable to do so.

      2. Subsections (1)(a) and (2) apply whether or not it appears to the court that the person intends to engage again, or to continue to engage, in conduct of that kind.

      3. Subsections (1)(b) and (2) apply whether or not the person has previously engaged in conduct of that kind or there is an imminent danger of substantial damage to any other person if that person engages in conduct of that kind.

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