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Deposit Takers Act 2023

Enforcement - Ban ordered by District Court

179: Other provisions relating to order

You could also call this:

"What happens after a court makes an order and who pays the costs"

Illustration for Deposit Takers Act 2023

When a court makes an order, you need to know it can be made even if the person it affects might also face criminal or civil charges for the same issues. The order can be permanent or only for a certain amount of time. The court gets to decide the terms and conditions of the order. The court can also cancel or change the order at any time, either because the Bank asked or because the person the order is about asked.

The court decides who pays the costs and can make any other decisions it thinks are right. If you are involved in a court case about an order, the court will make decisions about costs. The court's decision is final.

After the court makes an order, the court's Registrar must send a copy of the order to the Bank as soon as possible. This means the Bank will know what the court decided. The Registrar is in charge of sending the order to the Bank.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS497908.

Topics:
Money and consumer rights > Banking and loansCrime and justice > Courts and legal help
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178: Type of order, or

"What kind of ban can be placed on working with banks or other deposit takers?"

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180: Offence to contravene banning order, or

"Breaking a banning order can get you in big trouble with the law"

Part 5Enforcement
Ban ordered by District Court

179Other provisions relating to order

  1. An order may be—

  2. made even though the person concerned may be criminally or civilly liable for the matters on the grounds of which the order is to be made; and
    1. permanent or for a specified time; and
      1. subject to the terms and conditions that the court thinks fit; and
        1. cancelled or varied at any time by the court (on the application of the Bank or of the person who is the subject of the order).

          1. The court may make any order in the matter as to costs and otherwise as it thinks fit.

          2. As soon as practicable after an order is made, the Registrar of the court must send a copy of the order to the Bank.