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Civil Aviation Act 2023

Monitoring, investigation, and enforcement - Injunctions

352: When court may grant restraining injunctions

You could also call this:

"Courts can stop you doing something to prevent problems"

Illustration for Civil Aviation Act 2023

A court can stop you from doing something if it thinks you have done it before or might do it again. The court can make this decision if it believes you will do something that could cause problems. You might be stopped from doing something even if you do not plan to do it again.

The court can also make a temporary decision to stop you from doing something if it thinks that is a good idea. This can happen whether or not you plan to keep doing something that could cause problems. The court's decision can be made even if you have not done something like that before or if there is no immediate danger of something bad happening.

You can compare this to a previous law to see how it has changed. The court has the power to make these decisions to help keep people safe. The court's main goal is to prevent problems from happening.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS188020.

Topics:
Crime and justice > Courts and legal help
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351: Court may grant injunctions, or

"Courts can stop people breaking aviation rules and make them follow the law"

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353: When court may grant performance injunctions, or

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Part 9Monitoring, investigation, and enforcement
Injunctions

352When court may grant restraining injunctions

  1. A court may grant an injunction restraining a person from engaging in conduct of a particular kind if—

  2. it is satisfied that the person has engaged in conduct of that kind; or
    1. it appears to the court that, if an injunction is not granted, it is likely that the person will engage in conduct of that kind.

      1. The court may grant an interim injunction restraining a person from engaging in conduct of a particular kind if in its opinion it is desirable to do so.

      2. Subsections (1)(a) and (2) apply whether or not it appears to the court that the person intends to engage again, or to continue to engage, in conduct of that kind.

      3. Subsections (1)(b) and (2) apply whether or not—

      4. the person has previously engaged in conduct of that kind; or
        1. there is an imminent danger of substantial damage to any other person if the person engages in conduct of that kind.

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