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 for permission to do something"

Illustration for Fair Trading Act 1986

If you want to ask the District Court for permission under section 46D, you must make an originating application. You do this to get the court's permission for something. The court will then hear your application. The Commission and other people the court chooses can come to the hearing and say what they think. They can tell the court their thoughts on your application. This is so the court can make a fair decision.

This text is automatically generated. It might be out of date or be missing some parts. Find out more about how we do this.

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

This page was last updated on — View changes

Topics:
Crime and justice > Courts and legal help
Previous

46F: Procedures relating to management banning order, or

"How to apply for and publish a management banning order"

Next

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 5Enforcement 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).