Commerce Act 1986

Restrictive trade practices - Exceptions to Part 2

43: Statutory exceptions

You could also call this:

"Things the law says are okay to do, even if other rules say you can't"

If you do something that is allowed by a specific law or an Order in Council, then the rules in this Part do not apply to you. You are allowed to do something if a law or an Order in Council says you can do it, but it must say so specifically. If a law or an Order in Council only talks about something in general terms, it does not give you specific permission to do it, even if you need to get approval from a Minister or someone else first.

If you are doing something that was allowed under certain parts of the Sharebrokers Amendment Act 1981 or the Real Estate Agents Act 1976, before this Act started, it is not considered to be specifically allowed under these rules. This means that just because you were allowed to do something under those old rules, it does not mean you are automatically allowed to do it now. You need to check if you have specific permission under the current rules.

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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=DLM88405.

Topics:

Business > Industry rulesBusiness > Fair tradingMoney and consumer rights > Banking and loansMoney and consumer rights > Consumer protection

42: Special evidentiary provisions in respect of certain resale price maintenance practices, or

"Rules for proving a supplier fixed prices unfairly"

44: Other exceptions, or

"There are some situations where the rules don't apply to contracts or agreements you make with others."

Part 2Restrictive trade practices
Exceptions to Part 2

43Statutory exceptions

Nothing in this Part applies in respect of any act, matter, or thing that is, or is of a kind, specifically authorised by any enactment or Order in Council made under any Act.
For the purposes of subsection (1), an enactment or Order in Council does not provide specific authority for an act, matter, or thing if it provides in general terms for that act, matter, or thing, notwithstanding that the act, matter, or thing requires or may be subject to approval or authorisation by a Minister of the Crown, statutory body or a person holding any particular office, or, in the case of a rule made or an act, matter, or thing done pursuant to any enactment, approval or authorisation by Order in Council.
No act, matter, or thing authorised under section 7(2)(i) of the Sharebrokers Amendment Act 1981 or section 70(1)(n) of the Real Estate Agents Act 1976 as enacted immediately before the commencement of this Act, shall be taken to be specifically authorised under subsection (1).