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Commerce Act 1986

Authorisations and clearances - Restrictive trade practices

65: Commission may vary or revoke authorisations

You could also call this:

"The Commission can change or cancel approvals they've already given"

Illustration for Commerce Act 1986

The Commission can change or cancel an authorisation they gave earlier. This can happen if the Commission finds out that the information they were given was false or misleading, or if something important has changed since they gave the authorisation. The Commission can also change or cancel an authorisation if the person who got it did not follow the conditions that came with it, which was decided under section 58.

If the Commission wants to change or cancel an authorisation, they must give the person who got it, and anyone else who might be affected, a fair chance to tell the Commission what they think. The Commission has to consider what these people say before making a decision.

The Commission can decide to cancel the authorisation and give a new one instead, or they can just change the existing one.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM89056.

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Part 5Authorisations and clearances
Restrictive trade practices

65Commission may vary or revoke authorisations

  1. Subject to subsection (2), if at any time after the Commission has granted an authorisation under section 58 the Commission is satisfied that—

  2. the authorisation was granted on information that was false or misleading in a material particular; or
    1. there has been a material change of circumstances since the authorisation was granted; or
      1. a condition upon which the authorisation was granted has not been complied with,—
          1. the Commission may revoke or amend the authorisation or revoke the authorisation and grant a further authorisation in substitution for it.

        1. The Commission shall not revoke or amend an authorisation or revoke an authorisation and substitute a further authorisation pursuant to subsection (1) unless the person to whom the authorisation was granted and any other person who in the opinion of the Commission is likely to have an interest in the matter is given a reasonable opportunity to make submissions to the Commission and the Commission has regard to those submissions.

        Notes
        • Section 65(1)(c): amended, on , by section 32(2)(d) of the Commerce (Cartels and Other Matters) Amendment Act 2017 (2017 No 40).