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Credit Contracts and Consumer Finance Act 2003

Enforcement and remedies - Application of Commerce Act 1986 and provisions relating to Commerce Commission

112: Commission's rights to appear and adduce evidence

You could also call this:

"The Commission can go to court and give evidence."

Illustration for Credit Contracts and Consumer Finance Act 2003

You can appear in court if you are from the Commission. You can go to the District Court, the High Court, the Court of Appeal, or the Supreme Court. You can take part in a case even if you were not involved earlier. You have the right to give evidence and ask questions to witnesses. This happens when you appear in court, unless it is an appeal. The court can still make any decisions it needs to. The court's power to make orders is not changed by this rule.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM213198.

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Topics:
Crime and justice > Courts and legal help
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111: Role and functions of Commission under this Act, or

"The Commission's job is to make sure people follow the credit and finance rules."

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113: Application of Commerce Act 1986, or

"How the Commerce Act 1986 rules apply to consumer finance laws"

Part 4Enforcement and remedies
Application of Commerce Act 1986 and provisions relating to Commerce Commission

112Commission's rights to appear and adduce evidence

  1. The Commission may appear and be heard, in person or by a barrister or solicitor, in any proceedings brought (in whole or in part) under this Act in the District Court, the High Court, the Court of Appeal, or the Supreme Court.

  2. That right applies whether or not the Commission was a party to the proceeding at any earlier stage in the proceedings.

  3. The Commission has the right to adduce evidence and the right to cross-examine witnesses if the Commission appears under this section, unless the proceedings are by way of appeal.

  4. This section does not affect the court's power to make any order (including any order as to costs).

Notes
  • Section 112(1): amended, on , by section 261 of the District Court Act 2016 (2016 No 49).
  • Section 112(1): amended, on , by section 48(1) of the Supreme Court Act 2003 (2003 No 53).