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Commerce Act 1986

Authorisations and clearances - Restrictive trade practices

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

You could also call this:

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

Illustration for Commerce Act 1986

If you do something that breaks the law before you get permission to do it, getting that permission later does not make what you did okay. You can still get in trouble for what you did, even if you get permission for it afterwards. This is because the permission only applies from the time it is given, not before.

If you get permission under section 59 or section 59A, it does not change what happened before you got that permission. You can still be in trouble for things you did before you got the permission. The law still applies to what you did before you got the permission.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM89042.

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59A: When Commission may grant authorisation, or

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

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60: Procedure for applications for authorisation of restrictive trade practices, or

"How to apply for permission to do something that might limit trade with others"

Part 5Authorisations and clearances
Restrictive trade practices

59BContraventions not prevented by granting of authorisation under section 59 or section 59A

  1. Nothing in section 59 or section 59A prevents conduct that occurred before an authorisation was granted in respect of it and that would otherwise have constituted a contravention of this Act from continuing to constitute a contravention.

Notes
  • Section 59B: inserted, on , by section 13 of the Commerce Amendment Act 2001 (2001 No 32).