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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

113: Application of Commerce Act 1986

You could also call this:

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

Illustration for Credit Contracts and Consumer Finance Act 2003

The Commerce Act 1986 has some rules that also apply to the Credit Contracts and Consumer Finance Act 2003. You can find these rules in sections like sections 15 to 17 of the Commerce Act 1986. They help with things like how the Commission works and what powers it has. Some other rules from the Commerce Act 1986 that apply are about enforceable undertakings, conduct by servants or agents, and getting information or documents. You can also look at rules about search and seizure and the Commission's powers. There are rules about taking evidence and helping overseas regulators. The Commerce Act 1986 also has rules about keeping information secret and asking the High Court for an opinion. You can find more rules about notices and serving notices. There are also rules about offences and what the Commission decides. Some other rules from the Commerce Act 1986 that apply are about proceedings being privileged and judicial notice. You can also look at rules about the Commission prescribing forms. These rules help with how the Credit Contracts and Consumer Finance Act 2003 works.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM213500.

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Money and consumer rights > Consumer protectionBusiness > Industry rules
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Part 4Enforcement and remedies
Application of Commerce Act 1986 and provisions relating to Commerce Commission

113Application of Commerce Act 1986

  1. The following provisions of the Commerce Act 1986 apply with all necessary modifications:

  2. sections 15 to 17 (proceedings of the Commission):
    1. sections 74A to 74C (enforceable undertakings):
      1. section 90 (conduct by servants or agents):
        1. section 98 (Commission may require person to supply information or documents or give evidence):
          1. sections 98A and 98G (Commission's powers of search and seizure):
            1. section 99 (powers of Commission to take evidence):
              1. sections 99B to 99P (assistance to overseas regulators), as if—
                1. references in those sections to competition law were references to consumer credit law; and
                  1. references in those sections to the Minister were references to the Minister of Consumer Affairs:
                  2. section 100 (powers of Commission to prohibit disclosure of information, documents, and evidence):
                    1. section 100A (Commission may state case for opinion of High Court):
                      1. sections 101 (notices) and 102 (service of notices):
                        1. section 103 (offences):
                          1. section 104 (determinations of Commission):
                              1. section 106 (proceedings privileged):
                                1. section 106A (judicial notice):
                                  1. section 109 (Commission may prescribe forms).

                                    Notes
                                    • Section 113(a): substituted, on , by section 200 of the Crown Entities Act 2004 (2004 No 115).
                                    • Section 113(aa): inserted, on , by section 46 of the Credit Contracts Legislation Amendment Act 2019 (2019 No 81).
                                    • Section 113(d): amended, on , by section 314(2) of the Search and Surveillance Act 2012 (2012 No 24).
                                    • Section 113(ea): inserted, on , by section 4 of the Credit Contracts and Consumer Finance (International Co-operation) Amendment Act 2012 (2012 No 85).
                                    • Section 113(k): repealed, on , by section 200 of the Crown Entities Act 2004 (2004 No 115).