Plain language law

New Zealand law explained for everyone

142R: Offence to breach banning order
or “Breaking a rule that stops you from doing something can get you in big trouble with money or jail.”

You could also call this:

“This explains how strong the proof needs to be in certain legal cases, like when someone breaks the rules at work.”

When someone goes to court under this part of the law for a declaration of breach, pecuniary penalty order, compensation order, or banning order, you need to know how sure the court needs to be to make a decision. The court will use the same level of certainty that they use in other civil cases. This means they don’t need to be as certain as they would be in a criminal case, but they still need to be pretty sure.

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Next up: 142T: More than one kind of order may be made for same breach

or “Different punishments can be given together for the same wrongdoing”

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Employment Relations Act 2000
Additional provisions relating to enforcement of employment standards
Standard of proof
142S: Standard of proof

Part 9A Additional provisions relating to enforcement of employment standards
Standard of proof

142SStandard of proof

To avoid doubt, in proceedings under this Part for a declaration of breach, pecuniary penalty order, compensation order, or banning order, the standard of proof is the standard of proof that applies in civil proceedings.

Notes