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Financial Markets Conduct Act 2013

Enforcement, liability, and appeals - Civil liability - Compensatory orders

495: Terms of compensatory orders

You could also call this:

"Helping someone who was treated unfairly: getting back what they lost"

Illustration for Financial Markets Conduct Act 2013

If the court decides that someone has been unfairly treated, it can make an order to help that person. The court can make any order it thinks is fair to help the person who has been unfairly treated, to pay for their loss or damage. You can think of this like getting money back if someone did something wrong to you.

The court can order someone to pay the person who was unfairly treated the amount of money they lost. This is one way the court can help the person who was unfairly treated. The court has the power to make other orders as well.

A relevant person is someone who did something wrong, or someone who was involved in doing something wrong. This can include a company director who is treated as doing something wrong under section 534. It can also include anyone else who was involved in doing something wrong.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM4091718.

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494: When court may make compensatory orders, or

"When a court can help someone who has been harmed by ordering compensation."

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Part 8Enforcement, liability, and appeals
Civil liability: Compensatory orders

495Terms of compensatory orders

  1. If section 494 applies, the court may make any order it thinks just to compensate an aggrieved person in whole or in part for the loss or damage, or to prevent or reduce the loss or damage, referred to in that section.

  2. An order under this section may include an order to direct a relevant person to pay to the aggrieved person the amount of the loss or damage (in whole or in part).

  3. Subsection (2) does not limit subsection (1).

  4. In this section, relevant person means—

  5. any person in contravention (including any director who is treated as contravening the civil liability provision under section 534); or
    1. any person involved in the contravention.

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