Retail Payment System Act 2022

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

50: Commission’s undertaking as to damages not required

You could also call this:

"The Commission doesn't have to promise to pay damages to get a court order."

Illustration for Retail Payment System Act 2022

If you are the Commission and you ask the court for an interim injunction, the court cannot make you promise to pay damages as a condition of getting the injunction. When the court is deciding whether to give the Commission an interim injunction, it must not consider that the Commission does not have to promise to pay damages. You can find similar rules in the s 482 and s 38 laws.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS533937.

This page was last updated on 25 December 2025 — View changes

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49: When court may grant performance injunctions, or

"When a court can make someone follow the rules"

51: Limit on proceedings, or

"You have 3 years to take someone to court for doing something wrong."

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

50Commission’s undertaking as to damages not required

If the Commission applies to the 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 Commission to give an undertaking as to damages.
In determining the Commission’s application for the grant of an interim injunction, the court must not take into account that the Commission is not required to give an undertaking as to damages.

Compare

2013 No 69 s 482
2020 No 60 s 38