12 Mar 2018
CHIEF EXECUTIVE OF LAND INFORMATION NEW ZEALAND v TANG [2018] NZHC 382
- Citation
- (2018)19 NZCPR 460
- Court
- High Court
The Court accepted the Commerce Act-style approach to setting pecuniary penalties under s48, determined appropriate starting points for each defendant, calculated the net quantifiable gain for the purchasers after agreed deductions, applied limited discounts for admissions and cooperation (15% for Tang, Huang and Ouyang; 10% for Zhou) so as to preserve deterrence, and held the agreed penalties were within the proper range; accordingly it ordered the agreed penalties and costs contributions.
- Overseas investment act 2005
- S22 contravention (acquisition without consent)
- S12 sensitive land definition
- S47 disposal orders
- S48 civil penalty quantification
- Quantifiable gain disgorgement