s 142

Certain considerations for granting injunctions not relevant

In force

Prohibitory injunctions

(1)

A Court may grant an injunction under section 140 restraining a person from engaging in conduct:

(a)

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; and

(b)

whether or not the person has previously engaged in conduct of that kind; and

(c)

whether or not there is a significant risk of:

(i)

injury or damage to human beings; or

(ii)

damage to property; or

(iii)

harm to, or loss of, water resources;

if the person engages, or continues to engage, in conduct of that kind.

Mandatory injunctions

(2)

A Court may grant an injunction under section 140 requiring a person to do a particular act or thing:

(a)

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 the act or thing; and

(b)

whether or not the person has previously refused or failed to do the act or thing; and

(c)

whether or not there is a significant risk of:

(i)

injury or damage to human beings; or

(ii)

damage to property; or

(iii)

harm to, or loss of, water resources;

if the person refuses or fails, or continues to refuse or fail, to do the act or thing.

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