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Customer and Product Data Bill

Regulatory and enforcement matters - Civil liability - Injunctions

84: When court may grant performance injunctions

You could also call this:

“When a court can make someone follow the rules”

This proposed law is about when a court can make someone do something they’re supposed to do. If someone hasn’t done what they’re required to do under the law, or if the court thinks they might not do it, the court can order them to do it. This order is called an injunction.

The court can give this order in two main situations. First, if the person has already refused or failed to do what they’re supposed to do. Second, if it looks like the person might refuse or fail to do it in the future.

Sometimes, the court might give a temporary order (called an interim injunction) if they think it’s a good idea. They can do this even if the person hasn’t refused or failed to do something yet.

The court can make these orders even if they’re not sure if the person will refuse or fail to do the thing again in the future. It doesn’t matter if the person has never refused before, or if there’s no immediate risk of big problems for other people if the thing doesn’t get done.

Remember, this is just a proposed law, not something that’s in effect right now. If it becomes law, it would give courts more power to make sure people do what they’re supposed to do under certain legal rules.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS911718.

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Part 4 Regulatory and enforcement matters
Civil liability: Injunctions

84When court may grant performance injunctions

  1. A court may grant an injunction requiring a person to do an act or a thing that the person is required to do under a civil liability provision if—

  2. it is satisfied that the person has refused or failed to do that act or thing; or
    1. it appears to the court that, if an injunction is not granted, it is likely that the person will refuse or fail to do that act or thing.

      1. The court may grant an interim injunction requiring a person to do an act or a thing that the person is required to do under a civil liability provision 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 refuse or fail again, or to continue to refuse or fail, to do that act or thing.

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

      4. the person has previously refused or failed to do that act or thing; or
        1. there is an imminent danger of substantial damage to any other person if the person refuses or fails to do that act or thing.