Commerce Act 1986

4: Application of Act

You could also call this:

"This law applies to things you do in New Zealand, or that affect New Zealand, even if you're not here."

This Act applies to you if you do something in New Zealand, even if it's just a small part of what you're doing. You are considered to be doing something in New Zealand if someone else is doing it for you here, as explained in section 90. This means that if someone is acting on your behalf in New Zealand, their actions can be considered as your own.

If you live in New Zealand or have a business here, this Act also applies to things you do outside of New Zealand if they affect the market in New Zealand. The same applies if you live in Australia or have a business there, and what you do outside of New Zealand affects the market in New Zealand, as explained in section 36A. This Act is in place to make sure that what you do doesn't unfairly affect people in New Zealand.

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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=DLM87956.

Topics:

Business > Fair tradingBusiness > Industry rules

3A: Commission to consider efficiency, or

"The Commission must think about how to make things better and more efficient for the public."

5: Application of Act to the Crown, or

"The government must follow trade rules, but has some special exceptions."

4Application of Act

For the purposes of this Act,—
a person engages in conduct in New Zealand if any act or omission forming part of the conduct occurs in New Zealand; and
a person (person A) engages in conduct in New Zealand if another person (person B) engages in conduct in New Zealand, and the conduct of person B is deemed (by virtue of section 90) to be the conduct of person A.

This Act extends to the engaging in conduct outside New Zealand by any person resident or carrying on business in New Zealand to the extent that such conduct affects a market in New Zealand.
Without limiting subsection (1), section 36A extends to the engaging in conduct outside New Zealand by any person resident or carrying on business in Australia to the extent that such conduct affects a market, not being a market exclusively for services, in New Zealand.
Repealed

Notes

Section 4: substituted, on 1 July 1990, by section 5 of the Commerce Amendment Act 1990 (1990 No 41).
Section 4 heading: amended, on 15 August 2017, by section 5(1) of the Commerce (Cartels and Other Matters) Amendment Act 2017 (2017 No 40).
Section 4(1AA): inserted, on 15 August 2017, by section 5(2) of the Commerce (Cartels and Other Matters) Amendment Act 2017 (2017 No 40).
Section 4(3): repealed, on 15 August 2017, by section 5(3) of the Commerce (Cartels and Other Matters) Amendment Act 2017 (2017 No 40).