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Retail Payment System Act 2022

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

48: When court may grant restraining injunctions

You could also call this:

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

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You can get a court order to stop someone from doing something if the court thinks they have done it before. The court can also stop someone if it thinks they will do it again. You can get a temporary order to stop someone if the court thinks it is a good idea. The court can make these orders even if it is not sure if the person will do it again. The court can also make these orders if the person has not done it before or if there is a big risk of someone getting hurt. The court looks at what has happened and what might happen to make its decision, as seen in similar laws such as s 481 and s 36. The court has the power to make these orders to protect people and prevent harm. It is up to the court to decide what to do in each situation. The court's decision is based on the information it has and what it thinks is best.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS533935.

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Topics:
Crime and justice > Courts and legal help
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47: Court may grant injunction, or

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

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49: When court may grant performance injunctions, or

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

48When court may grant restraining injunctions

  1. The 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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