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Commerce Act 1986

Enforcement, remedies, and appeals - Power to accept undertakings

74A: Commission may accept undertakings

You could also call this:

"The Commission can accept a promise from you to follow the law"

Illustration for Commerce Act 1986

The Commission can accept a written promise from you or someone acting for you about something to do with enforcing the Commerce Act 1986. You can take back or change this promise if the Commission agrees. If your promise is about a business acquisition, you should look at section 69A because it has different rules that override this section.

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This page was last updated on

View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM89406.

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Business > Fair tradingBusiness > Industry rules
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74AA: Commission may accept undertakings, or

"The Commission can accept promises from people or companies to do something, but this rule is no longer in force."

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74B: Matters included in undertakings, or

"What you promise to do when you break the law and make an undertaking"

Part 6Enforcement, remedies, and appeals
Power to accept undertakings

74ACommission may accept undertakings

  1. The Commission may accept a written undertaking given by, or on behalf of, a person in connection with any matter relating to the enforcement of this Act.

  2. The person may withdraw or vary the undertaking with the consent of the Commission.

  3. See section 69A, which overrides this section in respect of undertakings relating to clearances or authorisations for business acquisitions.

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Notes
  • Section 74A: replaced, on , by section 12 of the Commerce Amendment Act 2018 (2018 No 42).