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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 to apply for and publish a management banning order"

Illustration for Fair Trading Act 1986

You can only make an application for a management banning order if you are the Commission. The Commission and other people the court chooses can attend and speak at the hearing of the application. You must give a copy of the management banning order to the person it affects, the Commission, and the Registrar of Companies. You must publish every management banning order made under section 46C in the Gazette as soon as possible after it is made. The Commission is in charge of doing this. This helps make sure everyone knows about the order. If a management banning order is made, it will be published in the Gazette for everyone to see. This is a way to make the order public. The Commission must do this as soon as possible after the order is made.

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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.

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Topics:
Business > Industry rulesMoney and consumer rights > Consumer protection
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46E: Offence to breach management banning order, or

"Breaking a management banning order is against the law"

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46G: Seeking leave of court, or

"Asking the court for permission to do something"

Part 5Enforcement 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).