Customer and Product Data Act 2025

Regulatory and enforcement matters - Regulatory powers

55: Effect of proceedings

You could also call this:

"Court cases don't stop powers being used, but the court can help"

If you start a court case about the powers given in section 53, those powers can still be used while the case is going on. You still have to follow the rules in section 53, even if you've started a court case.

The High Court can make a special order to stop these powers being used, but only if:

  • You can show that using the power might be against the law
  • You would be badly hurt if the power is used
  • If the power is used before the case is finished, nothing the court could do later would fix the hurt
  • Stopping the power won't make it too hard for the chief executive to do their job

If the High Court doesn't stop the powers being used, they might be able to help you in other ways later. They could:

  • Make a statement about what happened
  • Give you money if you've been hurt
  • Let you argue that some evidence shouldn't be used in court

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 It might be out of date or be missing some parts.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

54: Person has privileges of witness in court, or

"You have special rights when giving information, just like in court"


Next

56: Effect of final decision that exercise of powers under section 53 unlawful, or

"What happens if a court says powers were used wrongly"

Part 4Regulatory and enforcement matters
Regulatory powers

55Effect of proceedings

  1. If a person commences a proceeding in any court in respect of the exercise of any powers conferred by section 53, 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.
                    Compare