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Civil Aviation Act 2023

Monitoring, investigation, and enforcement - Injunctions

353: When court may grant performance injunctions

You could also call this:

"When a court can order someone to do something they are supposed to do"

Illustration for Civil Aviation Act 2023

A court can tell someone to do something if they have not done it and the court thinks they should. You might not have done something you were supposed to do, and the court can make you do it. The court can also tell you to do something if they think you will not do it unless they say so.

The court can make a temporary decision to tell someone to do something if they think it is a good idea. This can happen even if the court does not think you will refuse to do it again.

The court can make these decisions if they think someone will get hurt or have problems if you do not do what you are supposed to do.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS188021.

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Crime and justice > Courts and legal help
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Part 9Monitoring, investigation, and enforcement
Injunctions

353When court may grant performance injunctions

  1. A court may grant an injunction requiring a person to do an act or a thing if—

  2. it is satisfied that the person has refused or failed, or is refusing or failing, to do that act or thing; or
    1. it appears to the court that, if an injunction is not granted, it is likely that the person will refuse or fail, or continue to refuse or fail, to do that act or thing.

      1. The court may grant an interim injunction requiring a person to do an act or a thing 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 refuse or fail again, or to continue to refuse or fail, to do that act or thing.

      3. Subsections (1)(b) and (2) apply—

      4. whether or not the person has previously refused or failed to do that act or thing; or
        1. if there is an imminent danger of substantial damage to any other person if the person refuses or fails to do that act or thing.