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Customer and Product Data Bill

Regulatory and enforcement matters - Civil liability - Injunctions

85: Chief executive's undertaking as to damages not required

You could also call this:

“Chief executive doesn't need to promise to pay for damages when asking for a temporary court order”

The new law wants to change how things work when the chief executive asks a court for a quick, temporary order to stop someone from doing something. This is called an interim injunction.

Usually, when someone asks for an interim injunction, they might have to promise to pay for any damage caused if the injunction turns out to be wrong. But this new rule says the chief executive doesn’t have to make this promise.

The court isn’t allowed to ask the chief executive to make this promise about paying for damages. Also, when the court is deciding whether to give the interim injunction, it’s not supposed to think about the fact that the chief executive doesn’t have to make this promise.

This new rule would make it easier for the chief executive to ask for these temporary orders without worrying about having to pay if things go wrong.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS911719.

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Part 4 Regulatory and enforcement matters
Civil liability: Injunctions

85Chief executive's undertaking as to damages not required

  1. If the chief executive applies to the court for the grant of an interim injunction under this subpart, the court must not, as a condition of granting an interim injunction, require the chief executive to give an undertaking as to damages.

  2. In determining the chief executive’s application for the grant of an interim injunction, the court must not take into account that the chief executive is not required to give an undertaking as to damages.