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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

78: Purpose and effect of declaration of contravention

You could also call this:

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

This part of the proposed law explains what a ‘declaration of contravention’ does and why it’s important. When someone breaks the rules in this law, a court can make a declaration saying they did something wrong. This declaration has two main purposes:

First, it helps people who want to ask for money because they were hurt by the rule-breaking. They can use the declaration as proof that the rules were broken, so they don’t have to prove it themselves.

Second, the declaration acts as solid proof of what happened. Whatever the declaration says about the rule-breaking is treated as true, and nobody can argue against it.

The law says that the declaration must include certain information, which will be explained in another part of the law called section 79.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS911708.

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77: Declaration of contravention, or

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

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79: What declaration of contravention must state, or

“What a document says when someone breaks the data rules”

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

78Purpose and effect of declaration of contravention

  1. The purpose of a declaration of contravention is to enable an applicant for a compensatory order to rely on the declaration of contravention in the proceeding for that order, and not be required to prove the contravention or involvement in the contravention.

  2. Accordingly, a declaration of contravention is conclusive evidence of the matters that must be stated in it under section 79.