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Overseas Investment Act 2005

Consent and conditions regime - Enforcement - Powers of court

51AAC: When court may grant performance injunctions

You could also call this:

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

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A court can tell you to do something if you have not done it and the court thinks you should. The court can do this if it believes you will not do the thing unless they tell you to. You might be told to do something right away if the court thinks it is a good idea.

The court can make this decision even if you do not plan to refuse to do the thing again. If the court thinks someone will be badly affected if you do not do the thing, they can tell you to do it. This can happen even if you have never refused to do the thing before, or if you are about to cause serious harm to someone else.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS358306.

Topics:
Crime and justice > Courts and legal help
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Part 2Consent and conditions regime
Enforcement: Powers of court

51AACWhen court may grant performance injunctions

  1. A court may grant an injunction requiring a person to do an act or a thing if—

  2. it is satisfied that the person has refused or failed to do that act or thing; or
    1. it appears to the court that, if an injunction is not granted, it is likely that the person will refuse or fail to do that thing.

      1. The court may grant an interim injunction requiring a person to do an act or a thing 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 refuse or fail again, or to continue to refuse or fail, to do that act or thing.

      3. Subsections (1)(b) and (2) apply—

      4. whether or not the person has previously refused or failed to do that act or thing; or
        1. where there is an imminent danger of substantial damage to any other person if that person refuses or fails to do that act or thing.

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