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Customer and Product Data Act 2025

Regulatory and enforcement matters - Civil liability - Injunctions

82: When court may grant performance injunctions

You could also call this:

“When a court can make someone follow the rules”

The law says a court can make someone do something if they are supposed to do it under a civil liability rule. The court can do this if the person has already refused or failed to do it, or if the court thinks the person might refuse or fail to do it in the future.

The court can also give a temporary order to make someone do something if the court thinks it’s a good idea.

It doesn’t matter if the court thinks the person will keep refusing or failing to do the thing. The court can still make them do it.

The court can make someone do something even if they haven’t refused or failed to do it before. It also doesn’t matter if other people might get hurt badly if the person doesn’t do the thing.

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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

82When 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.