40Injunctions

#### 40 Injunctions 40 Injunctions > > (1) If, on the application of the Minister, the plumbing regulator or any other person, the Land and Environment Court is satisfied that a person has engaged, or is proposing to engage, in plumbing and drainage work that constitutes or would constitute a serious risk to public health or safety or a serious risk to the public, the Court may grant an injunction in the terms the Court considers appropriate. > > > (2) If an application for an injunction under subsection (1) has been made, the Land and Environment Court may, if the Court considers it appropriate, grant an injunction by consent of all the parties to the proceedings, whether or not the Court is satisfied a person has engaged, or is proposing to engage, in conduct of a kind specified in subsection (1). > > > (3) If in the opinion of the Land and Environment Court it is desirable to do so, the Court may grant an injunction pending determination of an application under subsection (1). > > > (4) The Land and Environment Court may rescind or vary an injunction granted under subsection (1), (2) or (3). > > > (5) The power of the Land and Environment Court to grant an injunction restraining a person from engaging in conduct may be exercised— > > > > > (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 an imminent danger of substantial damage to any person if the first-mentioned person engages in conduct of that kind. > > > (6) The power of the Land and Environment Court to grant an injunction requiring a person to do an act or thing may be exercised— > > > > > (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 that act or thing, and > > > > > (b) whether or not the person has previously refused or failed to do that act or thing, and > > > > > (c) whether or not there is an imminent danger of substantial damage to any person if the first-mentioned person refuses or fails to do that act or thing. > > > (7) If the Minister or the plumbing regulator makes an application to the Land and Environment Court for the grant of an injunction under this section, the Court must not require the applicant or any other person, as a condition of granting an interim injunction, to give any undertaking as to damages or costs. > > > (8) If— > > > > > (a) in a case to which subsection (7) does not apply, the Land and Environment Court would, but for this subsection, require a person to give an undertaking as to damages or costs, and > > > > > (b) the Minister gives the undertaking, > > > > the Court must accept the undertaking by the Minister and must not require a further undertaking from any other person.