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Financial Markets Conduct Act 2013

Enforcement, liability, and appeals - Orders to protect interests of aggrieved persons in case of financial markets investigations or proceedings

524: Interim orders

You could also call this:

"The court can make a temporary decision, called an interim order, before making a final decision."

Illustration for Financial Markets Conduct Act 2013

If you apply to the court for a certain order under section 522, the court can give you a temporary order before making a final decision. This temporary order is like the one you applied for, but it only lasts until the court makes a final decision. The court can do this if it thinks it is a good idea.

When the court is thinking about giving a temporary order, it must not ask the FMA to promise to pay damages as a condition of getting the order. You do this by applying to the court for an order.

The court also must not think about the fact that the FMA does not have to promise to pay damages when it is deciding whether to give a temporary order.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM4091769.

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523: What orders may be made, or

"What happens if you break the law: the orders a court can make"

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"This law works together with other laws and doesn't change what courts can already do."

Part 8Enforcement, liability, and appeals
Orders to protect interests of aggrieved persons in case of financial markets investigations or proceedings

524Interim orders

  1. If an application is made to the court for an order under section 522, the court may, if in the opinion of the court it is desirable to do so, before considering the application, grant an interim order, being an order of the kind applied for that is expressed to have effect pending the determination of the application.

  2. The court must not require the FMA, as a condition of making an interim order, to give an undertaking as to damages.

  3. In determining the FMA's application for the grant of an interim order, the court must not take into account that the FMA is not required to give an undertaking as to damages.

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