Plain language law

New Zealand law explained for everyone

Retail Payment System Act 2022

Merchant surcharging, monitoring and enforcement, and miscellaneous provisions - Other proceedings and enforcement - Injunctions

47: Court may grant injunction

You could also call this:

"The court can stop someone breaking the law or make them do what they're supposed to do."

Illustration for Retail Payment System Act 2022

You can go to court to ask for an injunction if someone is breaking the Retail Payment System Act 2022. The court can stop someone from doing something that goes against this Act. The court can also make someone do something they are supposed to do if they are not doing it. You can ask the court to do this if someone is refusing or failing to do something they should be doing, and this is against the Act. The court's decision is based on whether the person's actions are a contravention of the Act, which includes not following any standards or directions, see section 7. The court can change or cancel an injunction at any time. The court has the power to make these decisions to ensure people follow the Retail Payment System Act 2022.

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 It might be out of date or be missing some parts.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

View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS533934.

This page was last updated on — View changes

Topics:
Money and consumer rights > Consumer protectionCrime and justice > Courts and legal help
Previous

46: Enforceable undertakings in connection with enforcement of this Act, or

"Promises to follow the law that must be kept"

Next

48: When court may grant restraining injunctions, or

"When can a court stop someone from doing something to prevent harm?"

Part 3Merchant surcharging, monitoring and enforcement, and miscellaneous provisions
Other proceedings and enforcement: Injunctions

47Court may grant injunction

  1. The court may, on the application of the Commission or any other person, grant an injunction—

  2. restraining a person from engaging in conduct that constitutes or would constitute a contravention of this Act:
    1. requiring a person to do an act or a thing if—
      1. that person has refused or failed, or is refusing or failing, or is proposing to refuse or fail, to do that act or thing; and
        1. the refusal or failure was, is, or would be a contravention of this Act.

          2. Guidance note

          A contravention of this Act includes a contravention of any standard or direction. See section 7.

        2. The court may at any time rescind or vary an injunction granted under this subpart.

        Compare