Plain language law

New Zealand law explained for everyone

Fair Trading Act 1986

Enforcement and remedies - Management banning orders

46G: Seeking leave of court

You could also call this:

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

If you want to ask the District Court for permission under section 46D, you need to make a formal request called an originating application. This is a special type of legal document.

When the court looks at your request, the Commerce Commission can come to the hearing and share their thoughts. The court might also let other people come and speak about your request if they think it’s important.

The court will listen to everyone who is allowed to speak before they make their decision about your request.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM5838509.

Topics:
Crime and justice > Courts and legal help
Business > Fair trading
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46F: Procedures relating to management banning order, or

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

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46H: Application by Commission for declaration of unfair contract term, or

“The Commerce Commission can ask a court to decide if a contract term is unfair”

Part 5 Enforcement and remedies
Management banning orders

46GSeeking leave of court

  1. An application for leave of the District Court under section 46D must be by way of originating application.

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

Compare
Notes
  • Section 46G: inserted, on , by section 35 of the Fair Trading Amendment Act 2013 (2013 No 143).
  • Section 46G(1): amended, on , by section 261 of the District Court Act 2016 (2016 No 49).