The court can make a special order if you or someone else asks them to, and they think someone has broken or plans to break a rule. This order is described in section 498. The court must be satisfied that the person broke or was involved in breaking a rule.
You can ask the court to make this order, or the FMA can ask. The court looks at what happened and decides if the order is needed. They check if someone broke a rule or plans to break one.
The court's decision is based on what they find out about what happened. They want to know if someone broke a rule on purpose or was involved in breaking it. This helps the court decide what to do next.
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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM4091725.
496: Person treated as suffering loss or damage in case of defective disclosure, or
"What happens if you lose money because someone broke the rules when selling you financial products"
498: Terms of other civil liability orders, or
"What happens if you break the rules: the court's orders to fix things"
The court may, on application by the FMA or any other person, make a civil liability order described in section 498 if the court is satisfied that a person has contravened, intends to contravene, or was involved in a contravention of a civil liability provision.
