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Commerce Act 1986

Business acquisitions

47D: Revocation and variation of declarations and orders

You could also call this:

"Changing or cancelling special court decisions"

Illustration for Commerce Act 1986

If you want a declaration made under section 47A to be revoked, you can apply to the High Court. You can do this if you are the Commission or the person or company the declaration is about. You can also apply to the High Court to have an order under section 47B revoked or changed if you are the Commission or the person or company the order is about. The High Court can revoke a declaration or revoke or change an order if it thinks there has been a big change in circumstances.

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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=DLM7415548.

Topics:
Crime and justice > Courts and legal help
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47C: Application by Commission for declaration or order, or

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

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"When a big company takes over, it can't just get more power without doing anything to help competition."

Part 3Business acquisitions

47DRevocation and variation of declarations and orders

  1. The Commission, or the overseas person or New Zealand body corporate to which a declaration made under section 47A relates, may apply to the High Court to have the declaration revoked.

  2. The Commission, or the overseas person or any New Zealand body corporate to which an order under section 47B relates, may apply to the High Court to have the order revoked or varied.

  3. The High Court may, if it is satisfied that there has been a material change of circumstances, do either or both of the following:

  4. revoke a declaration:
    1. revoke or vary any order.

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