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Commerce Act 1986

Enforcement, remedies, and appeals - Power to accept undertakings

74C: Enforcement of undertakings

You could also call this:

"What happens if you break a promise you made to follow the rules"

Illustration for Commerce Act 1986

If you break a promise you made under section 74A, the Commission can ask the High Court to make you follow the rules. The court can make you do what you promised, or make you pay money to the Crown if you got a benefit from breaking the promise. The court can also make you pay to fix any problems you caused to others.

The court has the power to make other orders to fix the situation. You might have to pay to compensate someone who was hurt by what you did. The court will decide what is fair and make an order to help fix the problem.

You can be made to pay money or take other actions to make things right if you break your promise. The court's goal is to make sure you follow the rules and fix any problems you caused. The Commission and the court work together to enforce the promises made under the law.

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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=DLM89411.

Topics:
Crime and justice > Courts and legal helpBusiness > Fair trading
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74B: Matters included in undertakings, or

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

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74D: Pecuniary penalties for contravention of cease and desist order, or

"Paying a fine for not following a cease and desist order"

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

74CEnforcement of undertakings

  1. If the Commission considers that a person has breached an undertaking given under section 74A, the Commission may apply to the High Court for an order under subsection (2).

  2. The court may make any 1 or more of the following orders if it is satisfied that the person has breached a term of the undertaking:

  3. an order directing the person to comply with the term:
    1. an order directing the person to pay to the Crown an amount not exceeding the amount of any financial benefit that the person has obtained directly or indirectly and that is reasonably attributable to the breach:
      1. any order that the court thinks appropriate that directs the person to compensate any other person who has suffered loss or damage as a result of the breach:
        1. an order for any consequential relief that the court thinks appropriate.

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