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Commerce Act 1986

Authorisations and clearances - Restrictive trade practices

59A: When Commission may grant authorisation

You could also call this:

"When the Commission can say it's okay to do something that's normally against the rules"

Illustration for Commerce Act 1986

The Commission can give you permission to do certain things. You can get permission to enter into a contract or arrangement, or to follow an understanding, even if you have already done it. The Commission can also give you permission to follow a provision of a contract or arrangement, or an understanding, that you have already agreed to.

You can get permission to give or get a promise, even if you have already given or got it. The Commission can give you permission to do an act or engage in conduct that is referred to in section 37 or section 38, even if you have already done it. This means you can do something that might normally be against the rules, if the Commission says it is okay.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM89040.

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59: Contracts or covenants subject to authorisation not prohibited under certain conditions, or

"Some contracts are allowed if you follow the rules and get permission first."

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59B: Contraventions not prevented by granting of authorisation under section 59 or section 59A, or

"Getting permission later doesn't fix breaking the law earlier"

Part 5Authorisations and clearances
Restrictive trade practices

59AWhen Commission may grant authorisation

  1. The Commission may grant an authorisation to a person—

  2. to enter into a contract or arrangement, or to arrive at an understanding, even though the contract or arrangement has been entered into, or the understanding has been arrived at, before the Commission makes a determination in respect of the application for that authorisation; or
    1. to give effect to a provision of a contract or arrangement entered into, or an understanding arrived at, or a covenant given, even though the applicant has already given, or is already giving, effect to the provision before the Commission makes a determination in respect of the application for that authorisation; or
      1. to require the giving of, or to give, a covenant even though the covenant has been given before the Commission makes a determination in respect of the application for that authorisation; or
        1. to do an act or engage in conduct referred to in section 37 or section 38 even though the applicant has already done the act or is already engaging in the conduct before the Commission makes a determination in respect of the application for that authorisation.

          1. Repealed

          2. Repealed
          Notes
          • Section 59A: inserted, on , by section 13 of the Commerce Amendment Act 2001 (2001 No 32).
          • Section 59A(1)(b): amended, on , by section 28 of the Commerce Amendment Act 2022 (2022 No 11).
          • Section 59A(2): repealed, on , by section 13 of the Commerce (Cartels and Other Matters) Amendment Act 2017 (2017 No 40).
          • Section 59A(3): repealed, on , by section 13 of the Commerce (Cartels and Other Matters) Amendment Act 2017 (2017 No 40).