Contents

Appendix 1
Court orders enforced by
offence provisions

A number of statutory regimes include specific offences to enforce compliance with court orders.

Provision Offence Maximum penalty
Accident Compensation Act 2001 Section 160 enables the court to make orders forbidding publication of evidence adduced, submissions, and identifying particulars of certain persons. Section 160(4) provides that any person who breaches, evades or attempts to evade an order commits an offence. A fine up to $1,000, in the case of an individual, or $5,000 for a body corporate.
Agricultural Compounds and Veterinary Medicines Act 1997 Section 55(1A) makes it an offence to contravene an order prohibiting a person from importing, manufacturing, selling, or using any trade name product or agricultural compound. Under s 56(1A), anyone who does so commits an offence. A term of imprisonment up to 2 years or a fine not exceeding $60,000 or both.
Animal Welfare Act 1999 Under s 152, it is an offence to contravene an enforcement order. Imprisonment for up to 6 months or a fine not exceeding $25,000 or both or, for a body corporate, a fine not exceeding $125,000.
Care of Children Act 2004 Section 78(1)(a) makes it an offence to intentionally contravene a parenting order or certain types of guardianship orders. Up to 3 months’ imprisonment.
Children, Young Persons, and Their Families Act 1989 Section 89 makes it an offence to contravene a restraining order or interim restraining order. Imprisonment for up to 3 months' or a fine not exceeding $2,000.
Commerce Act 1986 Pursuant to s 80C the court may make an order that a person must not be a director, a promoter or in any way involved with the management of a body corporate for a period of up to 5 years. Contravention of such an order is an offence. Imprisonment for up to 5 years or a fine not exceeding $200,000.
Commerce Act 1986 Under s 87C(b), if the court is satisfied that goods or services are being supplied, or are likely to be supplied, in contravention of applicable price-quality requirements, the court may order the supplier to comply with the price-quality requirement. Contravention of such an order is an offence. A fine up to $200,000 in the case of an individual, or $1,000,000 for a body corporate.
Copyright Act 1994 A District Court judge may order a person to produce documents for inspection by an enforcement officer in accordance with s 134Y. Failure to comply with the order, without reasonable excuse, is an offence under s 134ZA. Imprisonment for up to 6 months or a fine not exceeding $10,000 or, for a body corporate, a fine not exceeding $50,000.
Credit Contract and Consumer Finance Act 2003 Under s 108, the District Court may order persons not to act as creditors, lessors, transferees or buy-back promoters. Every individual who acts in breach of this order commits an offence. Imprisonment for up to 3 months or a fine not exceeding $200,000 or both. For a body corporate, a fine not exceeding $600,000.
Criminal Proceeds (Recovery) Act 2009 Under s 150, every person commits an offence who, knowing that a restraining order has been made or that a foreign restraining order has been registered in New Zealand in respect of property, disposes of or otherwise deals with that property in contravention of the order. Imprisonment for up to 5 years or a fine not exceeding $20,000 or both or, for a body corporate, a fine up to $60,000.
Domestic Violence Act 1995 It is an offence under s 49 to breach a protection order without reasonable excuse. Imprisonment for up to 3 years.
Employment Relations Act 2000 A person who breaches a banning order commits an offence under s 142R. Imprisonment up to 3 years or a fine not exceeding $200,000 or both.
Exclusive Economic Zone and Continental Shelf (Environmental Effects) Act 2012 Section 134F makes it an offence to breach, or permit a breach of an enforcement order. Penalties are set out in s134H. A fine up to $300,000 or, for a body corporate, a fine not exceeding $10 million. For a continuing offence, the person is liable to a fine up to $10,000 for every day the offence continues.
Fair Trading Act 1986 A person who breaches a management banning order made against him or her under s 46E commits an offence. A fine not exceeding $60,000.
Financial Markets Conduct Act 2013 Under s 519, an individual who contravenes a banning order under Part 8 subpart 6 commits an offence. Imprisonment for up to 3 years or a fine not exceeding $200,000 or both.
Financial Service Providers (Registration and Dispute Resolution) Act 2008 A District Court may make an order under s 49F requiring a member of an approved dispute resolution scheme to comply with the rules of the scheme or with a binding settlement. A member who knows they are subject to the order and fails to comply with it commits an offence under s 49G. A fine not exceeding $200,000.
Food Act 2014 It is an offence under s 242 to breach or fail to comply with an order made under any of ss 272 (order to withdraw material), 273 (order to restrict or prohibit trading in food), 334 (compliance order), 335 (interim compliance order), and 337(6)(a) (change or cancel compliance order). For a body corporate, a fine up to $300,000, and for an individual, a fine not exceeding $75,000.
Gas Act 1992 The District Court may make an order under s 43B regarding compliance with the dispute resolution scheme. A member or former member of the dispute resolution scheme who knows they are subject to the order but nevertheless fails to comply with it, commits an offence under s 43EC. A fine not exceeding $100,000.
Harassment Act 1997 It is an offence under s 25(1) to contravene a restraining order or to fail to comply with any condition of a restraining order. A fine not exceeding $5,000 or a term of imprisonment up to 6 months (or up to 2 years for multiple offences).
Harassment Act 1997 It is an offence under s 41 to breach, evade, or attempt to evade an order made under s 39(1)(a) (order forbidding publication of certain evidence or submissions) or s 39(1)(b) (order forbidding publication of name, particulars or affairs of a person). A fine up to $1,000 or, for a body corporate, a fine not exceeding $5,000.
Harmful Digital Communications Act 2015 Section 21 makes it an offence not to comply with a take down order, or one of the other orders the court can make under ss 18 and 19. Imprisonment for up to 6 months or a fine not exceeding $5,000 or, for a body corporate, a fine not exceeding $20,000.
Health Act 1956 If the District Court is satisfied that a nuisance exists or is likely to recur on a premise, it may make an order under s 33(2) requiring the owner and occupier to effectively abate the nuisance, prohibit the recurrence of the nuisance or abate and prohibit recurrence of the nuisance, or an order specifying the work to be done and the timeframe. Failure to comply with the order is an offence. A fine not exceeding $500 and a further fine not exceeding $50 for every day on which the offence has continued.
Heritage New Zealand Pouhere Taonga Act 2014 Section 90(3) makes it an offence to contravene, or permit contravention of, an order made under s 92. A fine not exceeding $3,750 or a fine of $7,500 in the case of a body corporate.
Insurance (Prudential Supervision) Act 2010 A person commits an offence under s 228 if the person fails to comply with an order under s 22 prohibiting the person from participating in an insurance business. Imprisonment for up to 3 months and/or a fine not exceeding $200,000 or, for a body corporate, a fine up to $1,000,000.
Land Transport Act 1998 Section 55A makes it an offence to tamper or attempt to tamper with an alcohol interlock device, or to use an alcohol interlock device in contravention of an order made under s 65A(2). A fine not exceeding $3,000.
Local Government Act 1974 If a court makes an order directing the execution of work or the doing of any act, and no punishment for disobeying the order is provided by the Act, every person disobeying the order commits an offence under s 698. A fine not exceeding $500 and, where the offence is a continuing one, a further fine up to $50 for every day the offence continues.
Resource Management Act 1991 It is an offence under s 338(1)(b) for any person to contravene any enforcement order made by the Environment Court. Imprisonment for up to 2 years or a fine not exceeding $300,000 or, for a body corporate, a fine not exceeding $600,000.
Sale and Supply of Alcohol Act 2012 Section 265 applies if a riot occurs or there are reasonable grounds to believe a riot may occur. An order can be made requiring every licensee within a specified distance of that place to close his or her premise for a specified period of time. A licensee or manager who contravenes an order commits an offence. Licensee: A fine not exceeding $10,000 and suspension of licence for not more than 7 days. Manager: A fine not exceeding $10,000.
Search and Surveillance Act 2012 Under s 173 every person commits an offence if he or she fails to comply with an examination order without reasonable excuse. Under s 174 every person commits an offence if he or she fails to comply with a production order without reasonable excuse. Imprisonment for up to 1 year, or for a body corporate, a fine not exceeding $40,000.
Smoke-Free Environments Act 1990 Section 30AB(2) provides that certain repeat offenders may be ordered not to sell tobacco products. Failure to comply with such an order is an offence under s 36(7AA). For an Individual a fine not exceeding $4,000. For a body corporate, a fine not exceeding $10,000.
Takeovers Act 1993 Pursuant to s 44H, an individual who acts in contravention of a management banning order commits an offence. Imprisonment for a term not exceeding 3 years or a fine not exceeding $100,000 or both.
Takeovers Act 1993 Pursuant to s 44P a person commits an offence who contravenes an order made under ss 44M (orders prohibiting payment or transfer of money, financial products or other property) or 44N (interim orders). For an Individual imprisonment for up to 3 years and/or a fine not exceeding $100,000. For a body corporate, a fine not exceeding $300,000.
Tax Administration Act 1994 It is an offence under s 143G to fail to comply with the terms of a court order made under s 17A (Court orders for production of information or return). Imprisonment for up to 3 months or a fine not exceeding $1,000.
Telecommunications Act 2001 A member or former member of a consumer complaints system commits an offence if they know they are subject to an order under s 155L (compliance with rules and binding settlements) but fail to comply with the order. A fine not exceeding $100,000.
Trade Marks Act 2000 Section 134ZA makes it an offence to fail to comply with an order under s 134Y (judge may order documents to be produced). Imprisonment up to 6 months or a fine not exceeding $10,000. For a body corporate, a fine not exceeding $50,000.
Tuberculosis Act 1948 If a person suffering from tuberculosis is in an infectious condition and the requirements of s 16(1) are satisfied, an order may be made to remove the patient to a suitable place to be properly attended, treated and detained for a period not exceeding 3 months. It is an offence to wilfully disobey the order. A fine not exceeding $40 and a further fine not exceeding $4 for every day during which the offence continues.
Utilities Access Act 2010 A person who knows they are subject to an order made under s 7 (court may order compliance with Code) but fails to comply with the order, or fails to comply with the order within the specified time, commits an offence under s 8. A fine not exceeding $200,000.
Victims’ Orders Against Violent Offenders Act 2014 Under s 24, it is an offence for an offender or associate to act in contravention of a non-contact order applying to them, without reasonable excuse. Imprisonment for up to 2 years or a fine not exceeding $5,000.