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Commerce Act 1986

Authorisations and clearances - Restrictive trade practices

58A: Effect of authorisation

You could also call this:

"What happens when you get special permission to do something that's normally against the law"

Illustration for Commerce Act 1986

If you get an authorisation under section 58 of the Commerce Act 1986, some rules do not apply to you. You can enter into contracts or arrangements, or make understandings, that you normally could not. This is because the authorisation allows you to do things that would otherwise be against the law.

When you have an authorisation, you can give effect to the contract, arrangement, or understanding, as long as you follow the authorisation. You can also enforce the terms of the contract, arrangement, or understanding. The authorisation means that certain sections of the Commerce Act 1986 do not apply to you.

You can find more information about the Commerce Act 1986 on the New Zealand legislation website. The authorisation only applies while it is in force, and you must follow the conditions of the authorisation. If you do not follow the conditions, the authorisation may not protect you from the rules in the Commerce Act 1986.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM89033.

Topics:
Business > Fair tradingMoney and consumer rights > Consumer protection
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58: Commission may grant authorisation for restrictive trade practices, or

"The Commission can let you do something that's normally against the law if you ask for permission."

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58B: Additional provisions relating to authorisations, or

"Rules about who is covered by an approval under the law"

Part 5Authorisations and clearances
Restrictive trade practices

58AEffect of authorisation

  1. While an authorisation under section 58(1) remains in force, nothing in section 27, 30, 30C, 36, or 36A prevents an applicant from—

  2. entering into, or in accordance with the authorisation, giving effect to or enforcing any provision of the contract to which the authorisation relates; or
    1. entering into, or in accordance with the authorisation, giving effect to the arrangement to which the authorisation relates; or
      1. arriving at, or in accordance with the authorisation, giving effect to the understanding to which the authorisation relates.

        1. While an authorisation under section 58(2) remains in force, nothing in section 27, 30, 30C, 36, or 36A prevents an applicant from—

        2. in accordance with the authorisation, giving effect to or enforcing the contract to which the authorisation relates; or
          1. in accordance with the authorisation, giving effect to the arrangement or understanding.

            1. While an authorisation under section 58(3) remains in force, nothing in section 28, 30, 30C, 36, or 36A prevents the applicant from—

            2. requiring the giving of, or giving, the covenant to which the authorisation relates; or
              1. carrying out or enforcing the terms of the covenant to which the authorisation relates in accordance with the authorisation.

                1. While an authorisation under section 58(4) remains in force, nothing in section 28, 30, 30C, 36, or 36A prevents the applicant from carrying out or enforcing the terms of the covenant to which the authorisation relates in accordance with the authorisation.

                2. While an authorisation under section 58(6A) remains in force, nothing in section 27, 28, 30, 30C, 36, 36A, 37, or 38 prevents an applicant from engaging in conduct to which the authorisation relates in accordance with the authorisation.

                3. While an authorisation under section 58(6B) remains in force, nothing in section 27, 30, 30C, 36, or 36A prevents an applicant from—

                4. entering into the contract or arrangement, or arriving at the understanding, to which the authorisation relates; or
                  1. in accordance with the authorisation, giving effect to any cartel provision in the contract, arrangement, or understanding to which the authorisation relates.

                    1. While an authorisation under section 58(6C) remains in force, nothing in section 28, 30, 30C, 36, or 36A prevents an applicant from—

                    2. giving, or requiring the giving of, the covenant to which the authorisation relates; or
                      1. giving effect to any cartel provision of the covenant to which the authorisation relates in accordance with the authorisation.

                        1. While an authorisation under section 58(6D) remains in force, nothing in section 27, 28, 30, 30C, 36, or 36A prevents an applicant from giving effect to any cartel provision of the contract, arrangement, understanding, or covenant to which the authorisation relates in accordance with the authorisation.

                        2. While an authorisation under section 58(7) remains in force, nothing in section 36, 36A, or 37 prevents the applicant from engaging in the practice to which the authorisation relates in accordance with the authorisation.

                        3. While an authorisation under section 58(8) remains in force, nothing in section 36, 36A, or 38 prevents the applicant from doing the act to which the authorisation relates in accordance with the authorisation.

                        Notes
                        • Section 58A: inserted, on , by section 19 of the Commerce Amendment Act 1990 (1990 No 41).
                        • Section 58A(1): amended, on , by section 25(1) of the Commerce Amendment Act 2022 (2022 No 11).
                        • Section 58A(1): amended, on , by section 12(1) of the Commerce (Cartels and Other Matters) Amendment Act 2017 (2017 No 40).
                        • Section 58A(2): amended, on , by section 25(1) of the Commerce Amendment Act 2022 (2022 No 11).
                        • Section 58A(2): amended, on , by section 12(2) of the Commerce (Cartels and Other Matters) Amendment Act 2017 (2017 No 40).
                        • Section 58A(3): amended, on , by section 25(2) of the Commerce Amendment Act 2022 (2022 No 11).
                        • Section 58A(4): amended, on , by section 25(3) of the Commerce Amendment Act 2022 (2022 No 11).
                        • Section 58A(4A): inserted, on , by section 25(4) of the Commerce Amendment Act 2022 (2022 No 11).
                        • Section 58A(4B): inserted, on , by section 25(4) of the Commerce Amendment Act 2022 (2022 No 11).
                        • Section 58A(4C): inserted, on , by section 25(4) of the Commerce Amendment Act 2022 (2022 No 11).
                        • Section 58A(4D): inserted, on , by section 25(4) of the Commerce Amendment Act 2022 (2022 No 11).
                        • Section 58A(5): amended, on , by section 25(5) of the Commerce Amendment Act 2022 (2022 No 11).
                        • Section 58A(6): amended, on , by section 25(6) of the Commerce Amendment Act 2022 (2022 No 11).