Commerce Act 1986

Enforcement, remedies, and appeals - Proceedings for pecuniary penalties

79B: Relationship between pecuniary penalties and criminal liability

You could also call this:

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

If you do something wrong under the Commerce Act, you might have to pay a fine or go to court. Once the court case is finished, you cannot be made to pay a fine for the same thing if you have already been to court for it. If you are taken to court for a fine and then also charged with a crime for the same thing, the fine case will be put on hold until the crime case is finished.

If you have already been to court for a crime, you cannot be charged with the same crime again if you have already been found guilty or not guilty. The court will look at what happened in the crime case and make sure you are not punished twice for the same thing. You will not be able to be charged with a crime if you have already paid a fine for the same thing, and the court will make sure this does not happen.

If the court is looking at whether you should pay a fine, but then you are also charged with a crime for the same thing, the fine case will be stopped until the crime case is finished. This means you will not have to deal with both cases at the same time, and the court will make sure everything is fair. You will only have to go to court for one case, and then the other case will be looked at after that.

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This page was last updated on 31 August 2025

View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM1687325.

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79A: Proceedings for pecuniary penalties, or

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

80: Pecuniary penalties relating to restrictive trade practices, or

"Fines for breaking trade rules: you might have to pay if you cheat or lie to get ahead"

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

79BRelationship between pecuniary penalties and criminal liability

Once criminal proceedings against a person for an offence under section 82B, 86B, or 87B are determined, the High Court may not order the person to pay a pecuniary penalty in respect of the conduct, events, transactions, or other matters that were the subject of the criminal proceedings.
Once civil proceedings against a person for a pecuniary penalty under this Part are determined, the person may not be convicted of an offence under section 82B, 86B, or 87B in respect of the conduct, events, transactions, or other matters that were the subject of the civil proceedings.
Any uncompleted proceedings for an order under this Act that a person pay a pecuniary penalty must be stayed if criminal proceedings are started or have already been started against the person for the same act or omission, or substantially the same act or omission, in respect of which the pecuniary penalty order is sought.

Notes

Section 79B: inserted, on 14 October 2008, by section 12(1) of the Commerce Amendment Act 2008 (2008 No 70).
Section 79B(1): amended, on 8 April 2021, by section 9(1) of the Commerce (Criminalisation of Cartels) Amendment Act 2019 (2019 No 9).
Section 79B(2): amended, on 8 April 2021, by section 9(2) of the Commerce (Criminalisation of Cartels) Amendment Act 2019 (2019 No 9).
Section 79B(3): inserted, on 15 August 2017, by section 21 of the Commerce (Cartels and Other Matters) Amendment Act 2017 (2017 No 40).