Plain language law

New Zealand law explained for everyone

This page is about a bill. That means that it's not the law yet, but some people want it to be the law. It could change quickly, and some of the information is just a draft.

Customer and Product Data Bill

Regulatory and enforcement matters - Regulatory powers

56: Effect of proceedings

You could also call this:

“Court challenges don't stop the rules from working right away”

This part of the proposed law talks about what happens if someone goes to court to challenge the powers given in section 54. Even if someone starts a court case, the powers can still be used, and people still have to follow the rules in section 54 until the court makes a final decision.

The High Court can make a temporary order to stop the powers being used, but only if certain conditions are met. These conditions include showing that the use of the power might be unlawful, that the person would be badly affected by it, and that other solutions wouldn’t fix the problem if the power was used before the court case finished. The court also has to make sure that its order doesn’t make it too hard for the chief executive to do their job under this law.

The law lists some ways the court might fix things after the case is finished. These include making a statement about the law, allowing the person to ask for money to make up for any harm, or letting them argue that evidence shouldn’t be used if it was collected using the powers they’re challenging.

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 It might be out of date or be missing some parts.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=LMS822017.

Previous

55: Person has privileges of witness in court, or

“You have the same rights as a witness in court when asked for information”

Next

57: Effect of final decision that exercise of powers under section 54 unlawful, or

“What happens if the government's actions are found to be illegal”

Part 4 Regulatory and enforcement matters
Regulatory powers

56Effect of proceedings

  1. If a person commences a proceeding in any court in respect of the exercise of any powers conferred by section 54, until a final decision in relation to the proceeding is given,—

  2. the powers may be, or may continue to be, exercised as if the proceeding had not been commenced; and
    1. no person is excused from fulfilling their obligations under that section by reason of the proceeding.

      1. However, the High Court may make an interim order overriding the effect of subsection (1), but only if it is satisfied that—

      2. the applicant has established a prima facie case that the exercise of the power in question is unlawful; and
        1. the applicant would suffer substantial harm from the exercise or discharge of the power or obligation; and
          1. if the power or obligation is exercised or discharged before a final decision is made in the proceeding, none of the remedies specified in subsection (3), or any combination of those remedies, could subsequently provide an adequate remedy for that harm; and
            1. the terms of that order do not unduly hinder or restrict the chief executive in performing or exercising their functions, powers, or duties under this Act.

              1. The remedies are as follows:

              2. any remedy that the High Court may grant in making a final decision in relation to the proceeding (for example, a declaration):
                1. any damages that the applicant may be able to claim in concurrent or subsequent proceedings:
                  1. any opportunity that the applicant may have, as defendant in a proceeding, to challenge the admissibility of any evidence obtained as a result of the exercise or discharge of the power or obligation.