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Financial Markets Conduct Act 2013

Enforcement, liability, and appeals - Civil liability - Declarations of contravention and pecuniary penalty orders

486: When court may make declarations of contravention

You could also call this:

"When a court can say someone has broken the law"

Illustration for Financial Markets Conduct Act 2013

The court can make a declaration that someone has broken the law if you apply to the court and it is satisfied that the person has done something wrong. You can apply to the court if you think someone has contravened a civil liability provision, which means they have broken a rule that says what they can and cannot do. The court can also make this declaration if someone has been involved in breaking one of these rules.

The court can make this declaration on its own or because of a specific part of the law, which is mentioned in section 489(2)(b). If the court makes a declaration, it means they have decided that someone has broken the law. The court can do this if you are the FMA, which is a group that helps keep an eye on financial markets, or if you are any other person who thinks someone has broken the law.

You need to go to the court and ask them to make a declaration if you think someone has broken a civil liability provision or been involved in breaking one.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM4091706.

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485: What are civil liability provisions, or

"Rules to keep people honest with money and finances"

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487: Purpose and effect of declarations of contravention, or

"What a declaration of contravention means and how it helps you get compensation."

Part 8Enforcement, liability, and appeals
Civil liability: Declarations of contravention and pecuniary penalty orders

486When court may make declarations of contravention

  1. The court may, on the application of the FMA or any other person, make a declaration of contravention if it is satisfied that a person has—

  2. contravened a civil liability provision; or
    1. been involved in a contravention of a civil liability provision.

      1. The court may also make a declaration of contravention under section 489(2)(b).