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Commerce Act 1986

Authorisations and clearances - Restrictive trade practices

58B: Additional provisions relating to authorisations

You could also call this:

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

Illustration for Commerce Act 1986

If you get an authorisation under section 58, it also applies to other people involved in the same contract or arrangement. This includes people who are part of the contract or arrangement, or those who benefit from it. You should know that this authorisation applies to them as if they had also been granted the authorisation.

An authorisation under section 58 can also apply to someone who joins a contract or arrangement later on. This can happen if someone becomes part of a contract or arrangement after it has been agreed to, or if they become bound by a covenant after it has been given. You might be granted an authorisation that applies to someone who is not yet part of a contract or arrangement, but will be in the future.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM89035.

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Part 5Authorisations and clearances
Restrictive trade practices

58BAdditional provisions relating to authorisations

  1. An authorisation granted to a person under section 58 has effect as if it were also an authorisation in the same terms to every other person named or referred to in the application for the authorisation as—

  2. a party to the contract, arrangement, understanding, conduct, practice, or act to which the application relates; or
    1. a person who is or would be bound by, or entitled to the benefit of, the covenant to which the application relates.

      1. An authorisation granted to a person under section 58 may be expressed to apply to or in relation to another person who,—

      2. in the case of an authorisation to enter into a contract or arrangement or arrive at an understanding, becomes a party to the proposed contract or arrangement at a time after it is entered into or becomes a party to the proposed understanding at a time after it is arrived at:
        1. in the case of an authorisation to give effect to a provision of a contract, arrangement, understanding, or covenant, becomes a party to the contract, arrangement, understanding, or covenant at a time after the authorisation is granted:
          1. in the case of an authorisation to require the giving of, or to give, a covenant, becomes bound by, or entitled to the benefit of, the covenant at a time after the covenant is given:
            1. in the case of an authorisation to carry out or enforce the terms of a covenant, becomes bound by, or entitled to the benefit of, the covenant at a time after the authorisation is granted.

              Notes
              • Section 58B: inserted, on , by section 19 of the Commerce Amendment Act 1990 (1990 No 41).
              • Section 58B(1): replaced, on , by section 26(1) of the Commerce Amendment Act 2022 (2022 No 11).
              • Section 58B(2)(b): amended, on , by section 26(2) of the Commerce Amendment Act 2022 (2022 No 11).