Commerce Act 1986

Enforcement, remedies, and appeals - Injunctions generally

88: General provisions relating to granting of injunctions

You could also call this:

"Rules about stopping someone from doing something wrong"

Illustration for Commerce Act 1986

The court can change or cancel an injunction at any time. You can think of an injunction like a rule that the court makes to stop someone from doing something. The court can make this rule if someone has already done something wrong or if the court thinks they might do something wrong.

If you ask the court to stop someone from doing something, the court can make a rule to stop them if they have already done it before. The court can also make a temporary rule to stop them if it thinks that is a good idea. This can happen even if the person does not plan to do it again.

The court can also make a rule to stop someone from doing something if it thinks they might do it and that would cause harm. The court has to think about what is best for consumers when it is deciding whether to make a temporary rule. In some cases, the Commission can ask for more information to help the court make a decision.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM89490.


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Part 6Enforcement, remedies, and appeals
Injunctions generally

88General provisions relating to granting of injunctions

  1. The court may at any time rescind or vary an injunction granted under this Part.

  2. Where an application is made to the court under this Part for the grant of an injunction restraining a person from engaging in conduct of a particular kind the court may,—

  3. if it is satisfied that the person has engaged in conduct of that kind, grant an injunction restraining the person from engaging in conduct of that kind; or
    1. if in the opinion of the court it is desirable to do so, grant an interim injunction restraining the person from engaging in conduct of that kind,—
      1. whether or not it appears to the court that the person intends to engage again, or to continue to engage, in conduct of that kind.

      2. Where an application is made to the court under this Part for the grant of an injunction restraining a person from engaging in conduct of a particular kind, the court may,—

      3. if it appears to the court that, in the event that an injunction is not granted, it is likely that the person will engage in conduct of that kind, grant an injunction restraining the person from engaging in conduct of that kind; or
        1. if in the opinion of the court it is desirable to do so, grant an interim injunction restraining the person from engaging in conduct of that kind,—
          1. whether or not the person has previously engaged in conduct of that kind and whether or not there is an imminent danger of substantial damage to any person if the first-mentioned person engages in conduct of that kind.

          2. In determining whether to grant an interim injunction under this section, the court must give any weight that the court considers appropriate to the interests of consumers or, as the case may be, acquirers.

          3. In any proceeding under this section, the Commission, upon the order of the court, may obtain discovery and administer interrogatories.

          Notes
          • Section 88(3A): substituted, on , by section 22 of the Commerce Amendment Act 2001 (2001 No 32).