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Retail Payment System Act 2022

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

49: When court may grant performance injunctions

You could also call this:

"When a court can make someone follow the rules"

Illustration for Retail Payment System Act 2022

You can get a court order to make someone do something they are supposed to do under the Retail Payment System Act 2022. The court can do this if the person has not done what they are supposed to do, or if it seems like they will not do it. The court can also make this order if it thinks it is a good idea. You can get a temporary court order to make someone do something they are supposed to do under the Act. This can happen even if the person has not refused to do it before, or if they have not caused any harm. The court can make these orders whether or not the person intends to keep refusing or failing to do what they are supposed to do. The court's decision is based on what is in the Retail Payment System Act 2022, including any standards or directions. You can find more information about similar laws by looking at the s 37 of another Act. The court's main goal is to make sure people follow the rules and do what they 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=LMS533936.

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Topics:
Money and consumer rights > Consumer protectionBusiness > Industry rules
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Part 3Merchant surcharging, monitoring and enforcement, and miscellaneous provisions
Other proceedings and enforcement: Injunctions

49When court may grant performance injunctions

  1. A court may grant an injunction requiring a person to do an act or a thing that they are required to do under this Act (including under a standard or direction) if—

  2. it is satisfied that the person has refused or failed 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 to do that act or thing.

      1. The court may grant an interim injunction requiring a person to do an act or a thing that they are required to do under this Act (including under a standard or direction) 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 whether or not—

      4. the person has previously refused or failed to do that act or thing; or
        1. there is an imminent danger of substantial damage to any other person if the person refuses or fails to do that act or thing.

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