Mareva Injunctions
A Mareva injunction is an interim order of the Court preventing, prohibiting or restraining a defendant from removing, disposing of, or charging assets.
The order can be in respect of assets inside or outside New Zealand.
Further, the defendant does not have to be living or resident or present in New Zealand and both the District Court and the High Court can grant such orders.
Further, you must note at once that such an order simply protects or preserves that property from being hidden or charged with any mortgage or financial burden. The order does not give the plaintiff any extra or other rights in relation to the property.
It should also be noted at once that you cannot get an order just because you are wanting to sue someone and preserve their assets until such time as your case can be heard. Most plaintiffs would want such a power but it would be impossible to apply such preservation orders in relation to any and all claims filed in Court. It would place ridiculous and unwarranted powers in the hands of plaintiffs in every single plaintiff could secure such a pre-trial preservation order.
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