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Commerce Act 1986

Miscellaneous provisions - Assistance to overseas regulators

99I: Providing compulsorily acquired information and investigative assistance

You could also call this:

"Helping overseas regulators with information and investigations while protecting New Zealand's interests"

Illustration for Commerce Act 1986

If a recognised overseas regulator asks, you might get the Commission to give them some information or help with an investigation. The Commission can do this if they have an arrangement to work together. The Commission will only help if they think it will assist the overseas regulator with competition law, and if it does not go against their agreement or harm New Zealand's trade. You should know the Commission must consider how helping the overseas regulator might affect their own work and whether someone else could provide the information more easily.

If the Commission thinks helping the overseas regulator could affect New Zealand's trade, they will talk to the Ministry of Foreign Affairs and Trade and might ask the Minister of Trade for their opinion. The Minister of Trade must say in writing that they do not think helping the overseas regulator will harm New Zealand's trade. When deciding whether to help, the Commission will also think about whether the overseas regulator could get the information from somewhere else, or if the request should be handled under the Mutual Assistance in Criminal Matters Act 1992.

The Commission has to be careful when deciding what to do, and they must follow certain rules to make sure everything is fair and does not harm New Zealand. You can see how the Commission makes these decisions by looking at the rules they have to follow. The Commission's main goal is to make sure they are helping the overseas regulator while also protecting New Zealand's interests.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM4854119.

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99J: Conditions on providing compulsorily acquired information and investigative assistance, or

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Part 7Miscellaneous provisions
Assistance to overseas regulators

99IProviding compulsorily acquired information and investigative assistance

  1. Following a request by a recognised overseas regulator made in accordance with a co-operation arrangement, the Commission may do either or both of the following:

  2. provide compulsorily acquired information to the recognised overseas regulator:
    1. provide investigative assistance to the recognised overseas regulator.

      1. Before providing compulsorily acquired information or investigative assistance under subsection (1), the Commission must be satisfied that—

      2. providing the information or assistance will, or is likely to, assist the recognised overseas regulator in performing its functions or exercising its powers in relation to competition law; and
        1. the provision of the information or assistance will not be inconsistent with the co-operation arrangement; and
          1. the provision of the information or assistance will not significantly prejudice New Zealand's international trade interests.

            1. If the Commission considers, after consultation with the Ministry of Foreign Affairs and Trade, that a request for compulsorily acquired information or investigative assistance may have significant trade consequences for New Zealand, the Commission must refer the matter to the Minister of Trade.

            2. If a request is referred to the Minister of Trade, the Commission is deemed to be satisfied for the purpose of subsection (2)(c) only if the Minister of Trade states, in writing, that he or she is satisfied that the provision of the information or assistance will not significantly prejudice New Zealand's international trade interests.

            3. In considering whether to provide compulsorily acquired information or investigative assistance in accordance with a co-operation arrangement, the Commission must also consider—

            4. whether complying with the request will substantially affect the Commission's ability to perform its other functions under this Act or any other enactment; and
              1. whether the recognised overseas regulator could more conveniently obtain the information or assistance from another source; and
                1. whether the request would, in the opinion of the Commission, be more appropriately dealt with under the Mutual Assistance in Criminal Matters Act 1992.

                  Notes
                  • Section 99I: inserted, on , by section 5 of the Commerce (International Co-operation, and Fees) Amendment Act 2012 (2012 No 84).