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Commerce Act 1986

Enforcement, remedies, and appeals - Injunctions generally

88A: When undertaking as to damages not required by Commission

You could also call this:

"The Commission doesn't have to promise to pay damages when asking for a court order."

Illustration for Commerce Act 1986

If you are the Commission and you ask the court for an interim injunction, the court cannot make you promise to pay damages as a condition of getting the injunction. The court will decide if you get the injunction based on your application, without thinking about the fact that you do not have to promise to pay damages. You can find more information about this in the Commerce Amendment Act 2001.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM89493.

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Part 6Enforcement, remedies, and appeals
Injunctions generally

88AWhen undertaking as to damages not required by Commission

  1. If the Commission applies to the court for the grant of an interim injunction under this Part, the court must not, as a condition of granting an interim injunction, require the Commission to give an undertaking as to damages.

  2. However, in determining the Commission's application for the grant of an interim injunction, the court must not take into account that the Commission is not required to give an undertaking as to damages.

Notes
  • Section 88A: inserted, on , by section 23 of the Commerce Amendment Act 2001 (2001 No 32).