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Commerce Act 1986

Restrictive trade practices - Cartel provisions

30C: Cartel provisions generally unenforceable

You could also call this:

"Most cartel agreements can't be enforced by law, but there are some exceptions."

Illustration for Commerce Act 1986

If you have a cartel provision, it is not enforceable. You cannot make someone do what the provision says. However, there are some exceptions.

If a cartel provision is in a contract or covenant that section 31 applies to, or in a contract that section 32, 33, 44A(4) or (5), or 44B applies to, then it might be enforceable. You should look at these sections to see if they apply to your situation. This means the provision might be enforceable in certain contracts.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM7416028.

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Part 2Restrictive trade practices
Cartel provisions

30CCartel provisions generally unenforceable

  1. No cartel provision is enforceable.

  2. However, nothing in subsection (1) affects the enforceability of a cartel provision in—

  3. a contract or covenant to which section 31 applies; or
    1. a contract to which section 32, 33, 44A(4) or (5), or 44B applies.

      Notes
      • Section 30C: inserted, on , by section 8 of the Commerce (Cartels and Other Matters) Amendment Act 2017 (2017 No 40).
      • Section 30C(2): replaced, on , by section 15 of the Commerce Amendment Act 2022 (2022 No 11).