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Commerce Act 1986

Business acquisitions

47C: Application by Commission for declaration or order

You could also call this:

"The Commission can ask a court to make a decision or order about a company."

Illustration for Commerce Act 1986

The Commission can apply for a declaration under section 47A or an order under section 47B. You need to know that only the Commission can make this application. The Commission is in charge of making this request.

When the Commission makes an application under section 47A, it must tell the relevant overseas person and New Zealand company about the application. This notice is important for the people involved.

If the Commission makes an application under section 47B, it must inform the relevant New Zealand company about the application. The Commission has to give notice to the company that the application is about.

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This page was last updated on

View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM7415542.

Topics:
Government and voting > Government departmentsBusiness > Industry rulesBusiness > Fair trading
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47B: Orders against New Zealand bodies corporate following declaration under section 47A, or

"Courts can order New Zealand companies to follow rules if they're controlled by someone overseas."

Next

47D: Revocation and variation of declarations and orders, or

"Changing or cancelling special court decisions"

Part 3Business acquisitions

47CApplication by Commission for declaration or order

  1. An application for a declaration under section 47A, or for an order under section 47B, may be made only by the Commission.

  2. On making an application under section 47A, the Commission must give notice of the application to the relevant overseas person and New Zealand body corporate.

  3. On making an application under section 47B, the Commission must give notice to any New Zealand body corporate to which the application relates.

Notes
  • Section 47C: inserted, on , by section 11 of the Commerce (Cartels and Other Matters) Amendment Act 2017 (2017 No 40).