Plain language law

New Zealand law explained for everyone

Civil Aviation Act 2023

Monitoring, investigation, and enforcement - Injunctions

354: Undertaking as to damages not required by Director or Secretary

You could also call this:

"The court doesn't make the Director or Secretary promise to pay damages when asking for a temporary stop order."

Illustration for Civil Aviation Act 2023

If you are the Director or the Secretary and you ask a court for an interim injunction, the court cannot make you promise to pay damages as a condition of getting the injunction. The court will decide if you get the injunction based on the information you give them. They will not consider the fact that you do not have to promise to pay damages.

When the court is making its decision, it will look at the information you provide and make a choice based on that. You can find more information about this by looking at the Civil Aviation Act 1990 and other related laws, which is similar to this law. The court's decision will be based on what you tell them and what the law says.

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 It might be out of date or be missing some parts.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

This page was last updated on

View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS188022.

Topics:
Transport and travel > Air travelCrime and justice > Courts and legal help
Previous

353: When court may grant performance injunctions, or

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

Next

355: Powers of Minister to intervene on grounds of national security, or

"Minister's power to keep New Zealand safe by controlling aviation if it's a national security risk"

Part 9Monitoring, investigation, and enforcement
Injunctions

354Undertaking as to damages not required by Director or Secretary

  1. If the Director or the Secretary applies to a court for the grant of an interim injunction under this subpart, the court must not, as a condition of granting an interim injunction, require the Director or the Secretary to give an undertaking as to damages.

  2. In determining the application for the grant of an interim injunction, the court must not take into account that the Director or Secretary (as the case may be) is not required to give an undertaking as to damages.

Compare