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Telecommunications Act 2001

Preliminary - Commerce Commission - Application of Commerce Act 1986

16: Application of section 98A of Commerce Act 1986

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"Police can get a special warrant to search for things if someone breaks telecommunications rules."

Illustration for Telecommunications Act 2001

The police can get a special warrant to search for things under section 98A(2) of the Commerce Act 1986. You can use this warrant only to find out if someone has broken certain rules, like committing an offence against section 46(1)(b) or (c) or section 82(1) of the Telecommunications Act 2001. The police can also use the warrant to get information and documents that the Commission asked for under section 82(b) or 83(1)(a) of the Telecommunications Act 2001 or section 98 of the Commerce Act 1986, but the person did not provide them on time.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM125769.

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"How other laws, like the Commerce Act and Crown Entities Act, apply to telecommunications in New Zealand"

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Part 1Preliminary
Commerce Commission: Application of Commerce Act 1986

16Application of section 98A of Commerce Act 1986

  1. A search warrant may be issued under section 98A(2) of the Commerce Act 1986, and powers may be exercised under that warrant, only for the purposes of—

  2. ascertaining whether a person has done any of the following things:
    1. committed an offence against section 46(1)(b) or (c) or section 82(1) of this Act:
      1. contravened section 103 (except subsection (1)(c)) of the Commerce Act 1986:
      2. obtaining information and documents that have been requested by the Commission under section 82(b) or 83(1)(a) of this Act or section 98 of the Commerce Act 1986 and that have not been provided within the required time.

        Notes
        • Section 16(b): amended, on , by section 6 of the Telecommunications (TSO, Broadband, and Other Matters) Amendment Act 2011 (2011 No 27).