13.1.2 Banning orders
View whole document on one page
View the whole document as a PDF
Banning orders are where an individual is restricted from holding a particular position or undertaking particular activities. The objective of banning orders is to protect the public from repeat behaviour by the individual in similar circumstances. There are serious personal consequences to banning orders as they can seriously affect a person’s future earning potential. Any decision to use them should not apply lightly.
New Zealand has undertaken several prosecutions of recidivist traders. They were fined for breaches of the Fair Trading Act, but the fines represented a fraction of the profit earned from their scams and acted as no deterrent to subsequent trading activities. In other legislation, repeat offenders may be dealt with by imposing a ban on them undertaking certain activities.
It is proposed that the Fair Trading Act include banning orders as part of the offence and penalty provisions. This means that, if convicted, a judge could ban a person from involvement in particular activities.
Question
49. What are your views on including in the Fair Trading Act provisions for court enforceable undertakings? 50. What are your views on including enforcement orders in the Fair Trading Act for the banning of recidivist traders from certain activities? |
