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Customer and Product Data Bill

Regulatory and enforcement matters - Civil liability - Injunctions

83: When court may grant restraining injunctions

You could also call this:

“When a court can stop someone from doing something harmful”

The proposed law says that a court can stop someone from doing certain things in a few different situations. You might hear this called a “restraining injunction.”

The court can tell a person to stop doing something if they have already done it before. They can also do this if they think the person might do it in the future, even if they haven’t done it yet.

Sometimes, the court might give a temporary order to stop someone from doing something right away. They can do this if they think it’s a good idea, even before they make a final decision.

The court can make these orders even if they don’t think the person will do it again. It doesn’t matter if the person has never done it before either. The court can also make these orders even if no one is in immediate danger of being badly hurt by what the person might do.

This new rule would give courts more ways to protect people and stop certain actions before they happen or continue to happen.

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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=LMS911717.


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82: Court may grant injunctions, or

“The court can order people to follow or stop breaking the rules about customer and product data”


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84: When court may grant performance injunctions, or

“When a court can make someone follow the rules”

Part 4 Regulatory and enforcement matters
Civil liability: Injunctions

83When court may grant restraining injunctions

  1. The court may grant an injunction restraining a person from engaging in conduct of a particular kind if—

  2. it is satisfied that the person has engaged in conduct of that kind; or
    1. it appears to the court that, if an injunction is not granted, it is likely that the person will engage in conduct of that kind.
      1. The court may grant an interim injunction restraining a person from engaging in conduct of a particular kind if in its opinion it is desirable to do so.

      2. Subsections (1)(a) and (2) apply whether or not it appears to the court that the person intends to engage again, or to continue to engage, in conduct of that kind.

      3. Subsections (1)(b) and (2) apply whether or not—

      4. the person has previously engaged in conduct of that kind; or
        1. there is an imminent danger of substantial damage to any other person if that person engages in conduct of that kind.