Commerce Act 1986

Enforcement, remedies, and appeals - Proceedings for pecuniary penalties

79A: Proceedings for pecuniary penalties

You could also call this:

"What happens in court when someone breaks the law and has to pay a penalty"

Illustration for Commerce Act 1986

If you are in a court case about a pecuniary penalty under this Part of the law, the court uses the same standard of proof as in civil cases. You can think of the standard of proof like a test to see if something is true. The court also allows the Commission to get information from the other side, like documents or answers to questions, by order of the court. This helps the Commission prepare its case, and it is done through a process called discovery and interrogatories, which are ways to get information from someone involved in the case.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM1687324.


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"The court can use special evidence to help make a fair decision."


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79B: Relationship between pecuniary penalties and criminal liability, or

"You can't be punished twice for the same mistake under the Commerce Act."

Part 6Enforcement, remedies, and appeals
Proceedings for pecuniary penalties

79AProceedings for pecuniary penalties

  1. In any proceedings under this Part for a pecuniary penalty—

  2. the standard of proof is the standard of proof applying in civil proceedings; and
    1. the Commission may, by the order of the court, obtain discovery and administer interrogatories.
      Notes
      • Section 79A: inserted, on , by section 12(1) of the Commerce Amendment Act 2008 (2008 No 70).