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Customer and Product Data Bill

Regulatory and enforcement matters - Civil liability - Pecuniary penalty order

73: When High Court may make pecuniary penalty order

You could also call this:

“When the court can make you pay money for breaking rules”

In this proposed law, the High Court might be able to make you pay money to the government if you break certain rules. This is called a pecuniary penalty order. The head of a government department can ask the court to do this if they think you’ve broken the rules, tried to break them, or helped someone else break them.

However, the court can’t make you pay for breaking some specific rules. These include rules about sharing certain information, having certain policies, or making certain yearly reports.

When the law talks about the things you did that broke the rules, it calls this “relevant conduct”.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS911701.

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Part 4 Regulatory and enforcement matters
Civil liability: Pecuniary penalty order

73When High Court may make pecuniary penalty order

  1. The High Court may, on the application of the chief executive, order a person to pay to the Crown the pecuniary penalty that the court determines to be appropriate if the court is satisfied that the person has—

  2. contravened a civil liability provision; or
    1. attempted to contravene a civil liability provision; or
      1. been involved in a contravention of a civil liability provision.

        1. However, an order may not be made for a contravention, an attempted contravention, or an involvement in a contravention, of the following:

        2. a specified disclosure requirement (see section 35):
          1. a specified policy requirement (see section 48):
            1. a specified annual report requirement (see section 114).

              1. In this subpart, relevant conduct means the conduct giving rise to the contravention, attempted contravention, or involvement in the contravention referred to in subsection (1).