Commerce Act 1986

Authorisations and clearances - Business acquisitions

68: Provisions applying to applications for clearances and authorisations for business acquisitions

You could also call this:

"Rules for when you want to buy a business and need permission from the Commission"

Illustration for Commerce Act 1986

When you want to buy a business, you need to tell the Commission. You have to give them documents and information about the business so they can do their job. This is so they can decide if the purchase is okay under section 66 or section 67.

If the Commission thinks you are not going to buy the business after all, they might not give you permission. They can make this decision on their own if they think the purchase is unlikely to happen for reasons that are not related to the law. The Commission will write down why they made this decision.

You can tell the Commission that you do not want them to give you permission for the business purchase. If you do this, the Commission will not give you permission.

The Commission can talk to other people who might be able to help them make a decision about your business purchase under section 66 or section 67.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM89068.


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"Asking permission to buy a business: the Commission can say yes or no"


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69: Effect of clearance or authorisation, or

"What happens when you get permission to buy a business or shares"

Part 5Authorisations and clearances
Business acquisitions

68Provisions applying to applications for clearances and authorisations for business acquisitions

  1. Every person who gives a notice under section 66 or section 67 shall from time to time produce or, as the case may be, furnish to the Commission, within such time as it may specify, such documents and information in relation to the acquisition as may be required by the Commission for the purpose of enabling it to exercise its functions under this section or section 66 or section 67.

  2. Notwithstanding section 66 or section 67, where the Commission is of the opinion that a proposed acquisition is, for reasons other than arising from the application of any provision of this Act, unlikely to be proceeded with, the Commission may, in its discretion, decline to give a clearance or grant an authorisation for that acquisition under this section.

  3. The Commission shall state in writing its reasons for declining to give a clearance or grant an authorisation under subsection (2).

  4. A person who has given a notice in respect of an acquisition under section 66 or section 67 may at any time, by notice in writing to the Commission, advise the Commission that it does not wish the Commission to give a clearance or grant an authorisation and the Commission shall accordingly not give a clearance or grant an authorisation in respect of that acquisition.

  5. The Commission may consult with any person who, in the opinion of the Commission, is able to assist it in making a determination under section 66 or section 67, as the case may be.

Notes
  • Section 68: substituted, on , by section 23 of the Commerce Amendment Act 1990 (1990 No 41).