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Emergency Management Bill (No 2)

Information, enforcement, compensation, appeals, and secondary legislation - Compliance orders

178: Civil proceedings relating to non-compliance with compliance order

You could also call this:

"What happens if you don't follow a compliance order"

Illustration for Emergency Management Bill (No 2)

If you do not follow a compliance order, the Director-General can ask the District Court to make an order. This order can make you follow the compliance order or stop you from breaking it. The District Court can make this order if you have not followed the compliance order or if you are likely to break it. The District Court can make an order even if you have not been charged with an offence related to the compliance order. They can also make an order even if the time to follow the compliance order has run out. A compliance order has a time limit, called the compliance period, which is the time you have to follow the order. The District Court has the power to make these orders to help people follow the rules. You must follow the compliance order within the given time period. If you do not, the Director-General can take you to the District Court to make you follow the order.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS1511650.

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Part 5Information, enforcement, compensation, appeals, and secondary legislation
Compliance orders

178Civil proceedings relating to non-compliance with compliance order

  1. On application by the Director-General, the District Court may make an order—

  2. compelling a person to comply with a compliance order; or
    1. restraining a person from contravening a compliance order.

      1. The District Court may make an order—

      2. under subsection (1)(a) if it is satisfied that the person has refused or failed to comply with a compliance order:
        1. under subsection (1)(b) if it is satisfied that the person has contravened, is contravening, or is likely to contravene a compliance order.

          1. The District Court may make an order under this section—

          2. whether or not proceedings have been brought for an offence against this Act in connection with any matter in relation to which the compliance order was issued; and
            1. whether or not the compliance period for the compliance order has expired.

              1. In this section, compliance period means, in relation to a compliance order, the period specified in the order within which the person on whom the order is served must comply with the order.