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Commerce Act 1986

Restrictive trade practices - Exceptions to Part 2

46: Saving in respect of business acquisitions

You could also call this:

"This law doesn't apply when buying or selling a whole business or its shares."

Illustration for Commerce Act 1986

This part of the law does not apply to contracts or agreements that involve buying or selling a business or its shares. If you enter into a contract, arrangement, or understanding to acquire or dispose of a business or its assets, this law does not affect you. You can still do things to make the contract or agreement work, like giving a covenant, if it is about acquiring or disposing of a business or its shares, as seen in the changes made by the Commerce Amendment Act 2022.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM88416.

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Business > Fair tradingBusiness > Starting a businessMoney and consumer rights > Consumer protection
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Part 2Restrictive trade practices
Exceptions to Part 2

46Saving in respect of business acquisitions

  1. Nothing in this Part applies—

  2. to any of the following to the extent that the contract, arrangement, understanding, or covenant provides for the acquisition or disposition of assets of a business or shares:
    1. entering into a contract or an arrangement:
      1. arriving at an understanding:
        1. giving, or requiring the giving of, a covenant; or
        2. to any act done to give effect to a provision of a contract, arrangement, understanding, or covenant that provides for the acquisition or disposition of assets of a business or shares.

          Notes
          • Section 46: substituted, on , by section 3 of the Commerce Amendment Act 1996 (1996 No 113).
          • Section 46(a): replaced, on , by section 21(1) of the Commerce Amendment Act 2022 (2022 No 11).
          • Section 46(b): amended, on , by section 21(2) of the Commerce Amendment Act 2022 (2022 No 11).