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Fair Trading Act 1986

Enforcement and remedies - Management banning orders

46F: Procedures relating to management banning order

You could also call this:

“How courts handle requests to stop someone from managing a business”

The Commission is the only one who can ask for a management banning order. When they do this, they go to court. The court can let the Commission and other people it thinks should be there speak at the hearing.

When the court makes a management banning order, they have to give a copy to the person it’s about, the Commission, and the Registrar of Companies. These are important people who need to know about the order.

After the court makes the order, the Commission has a job to do. They need to publish the order in a special book called the Gazette. They should do this as soon as they can after the court makes the order. This helps make sure everyone who needs to know about the order can find out about it.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM5838508.

Topics:
Business > Fair trading
Business > Industry rules
Crime and justice > Courts and legal help
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46E: Offence to breach management banning order, or

“You can get in trouble if you don't follow a special rule made just for you”

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46G: Seeking leave of court, or

“Asking the court's permission to do something special”

Part 5 Enforcement and remedies
Management banning orders

46FProcedures relating to management banning order

  1. An application for a management banning order may be made only by the Commission.

  2. The Commission, and any other persons that the court thinks fit, may attend and be heard at the hearing of the application.

  3. A copy of every management banning order must be given to—

  4. the person concerned; and
    1. the Commission; and
      1. the Registrar of Companies.

        1. The Commission must publish every management banning order made under section 46C in the Gazette as soon as practicable after it is made.

        Compare
        Notes
        • Section 46F: inserted, on , by section 35 of the Fair Trading Amendment Act 2013 (2013 No 143).