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Financial Markets Conduct Act 2013

Enforcement, liability, and appeals - High Court's enforcement powers - Injunctions

481: When court may grant injunctions and interim injunctions

You could also call this:

"The court can stop someone from doing something to keep things fair and prevent problems."

Illustration for Financial Markets Conduct Act 2013

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. You might have done something wrong, or the court might just think you will do something wrong. The court makes this decision to help keep everything fair.

The court can also stop you from doing something right away if it thinks that is a good idea. This can happen even if you do not plan to do the wrong thing again. The court just wants to make sure everything is okay.

The court's decision can be made even if you have not done the wrong thing before or if you are not about to do it right now. The court is trying to prevent any big problems from happening to you or someone else, and it can look at a law from 1988 No 234 s 42L for guidance. The court is just trying to be careful and make sure everything works out well.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM4091696.

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480: Court may grant injunctions, or

"Courts can stop people breaking financial market rules"

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Part 8Enforcement, liability, and appeals
High Court's enforcement powers: Injunctions

481When court may grant injunctions and interim 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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