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 - Civil liability - Declaration of contravention

77: Declaration of contravention

You could also call this:

“Court can officially say someone broke a rule in the Customer and Product Data Bill”

The new law might say that if someone breaks a rule in the Customer and Product Data Bill, the High Court can officially declare that they did something wrong. This is called a ‘declaration of contravention’.

The High Court must make this declaration if someone asks them to under section 73 of the bill, and if the court is sure that a person has broken a rule or helped someone else break a rule.

The High Court can also make this declaration if the chief executive or anyone else asks them to. But again, the court needs to be sure that someone has broken a rule or helped someone else break a rule before they can do this.

These rules that people might break are called ‘civil liability provisions’ in the bill. Breaking these rules isn’t a crime, but it can still get you in trouble with the 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 It might be out of date or be missing some parts.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=LMS911707.

Previous

76: Considerations for court in determining pecuniary penalty, or

“How courts decide fines for breaking data rules”

Next

78: Purpose and effect of declaration of contravention, or

“Court statement proves someone broke the rules and helps people who were affected”

Part 4 Regulatory and enforcement matters
Civil liability: Declaration of contravention

77Declaration of contravention

  1. The High Court must, on an application under section 73, make a declaration of contravention if it is satisfied that a person has contravened, or been involved in a contravention of, a civil liability provision.

  2. The High Court may also, on the application of the chief executive or any other person, make a declaration of contravention if it is satisfied that a person has contravened, or been involved in a contravention of, a civil liability provision.