Acts are laws made by Parliament
Beginning of main content Contact us | Privacy | Accessibility | Feedback
This Act is administered in the Ministry of Economic Development.
1 Title
2 Commencement
Part 1Amendments to certain existing preliminary provisions
3 Title repealed
4 New section 1A inserted
1A Purpose
5 Interpretation
6 Membership of Commission
Part 2Amendments relating to certain anti-competitive conduct and authorisations
7 Contracts, arrangements, or understandings containing exclusionary provisions prohibited
8 Repeal of section 35
9 New heading and sections 36 to 36B substituted
Taking advantage of market power
36 Taking advantage of market power
36A Taking advantage of market power in trans-Tasman markets
36B Purposes may be inferred
10 Other exceptions
11 New section 47 substituted
47 Certain acquisitions prohibited
12 New Part 4 substituted
Part IVControlled goods or services
Imposition of control
52 When control may be imposed
53 How control can be imposed
54 Minister may seek advice from Commission as to thresholds for imposing controls
55 Effect of control being imposed
Miscellaneous provisions
56 Reports from Commission to Minister about controls
57 Commission process
57A Technical provisions relating to declaration of control
57B Records to be kept for control purposes
57C Other Acts relating to price control not affected
13 New sections 59 to 59B substituted
59 Contracts or covenants subject to authorisation not prohibited under certain conditions
59A When Commission may grant authorisation
59B Contraventions not prevented by granting of authorisation under section 59 or section 59A
14 New heading and sections 70 to 74 substituted
Authorisations in respect of controlled goods or services
70 Authorisations in respect of prices, revenues, and quality standards
70A Considerations to be observed by Commission
70B Procedure for making authorisations
70C Remedies and penalties if overcharging or quality standards breached
70D Terms of authorisations
70E Investigations and audits
70F Revocation and amendment of authorisations
71 Provisional authorisations
72 Alternative undertakings
73 Conferences in relation to authorisations about controlled goods or services
74 Levies
Part 3Amendments relating to enforcement and remedies, and miscellaneous provisions
15 New heading and sections 74A to 74D inserted
Cease and desist orders
74A Commissioner may make cease and desist orders
74B Investigation, notice, and opportunity to be heard
74C Procedure at cease and desist hearing
74D Pecuniary penalties for contravention of cease and desist order
16 Jurisdiction of High Court
17 Pecuniary penalties
18 New sections 80A to 80E inserted
80A Body corporate not to indemnify certain persons in respect of pecuniary penalties
80B Pecuniary penalties for contravention of section 80A
80C Court may order certain persons to be excluded from management of body corporate
80D Application for order under section 80C
80E Offence to act in contravention of order made under section 80C
19 Actions for damages for contravention of Part 2
20 New section 82A inserted
82A Exemplary damages for contravention of Part II
21 Contravention of section 55 an offence
22 General provisions relating to granting of injunctions
23 New section 88A inserted
88A When undertaking as to damages not required by Commission
24 Appeals in relation to determinations by Commission
25 Offences
26 Provisions as to proceedings already barred and pending proceedings
27 Consequential amendments
Legislative history
The Parliament of New Zealand enacts as follows:
