Commerce Act 1986

Enforcement, remedies, and appeals - Jurisdiction of courts

75: Jurisdiction of High Court

You could also call this:

"The High Court decides big cases about trade and commerce, like when rules are broken or someone appeals a decision."

Illustration for Commerce Act 1986

The High Court must hear and decide on certain matters. You can take some cases to the High Court, such as when someone breaks the rules in Part 2 of the Commerce Act. The High Court can also hear cases about breaking the rules in other parts of the Act, like Part 3 or Part 4. If you want to appeal a decision made by the Commission, you can take it to the High Court. The High Court can also make orders under certain sections of the Act, like section 74C, section 80, or section 89.

The High Court has the power to hear many types of cases, including those about pecuniary penalties, injunctions, and damages. You can find more information about these cases in sections like section 80, section 81, and section 82. The High Court can also hear cases about offences against the Act, like those under section 80E.

You can apply to the High Court for orders under certain sections, such as section 80B or section 82A. The High Court can also hear proceedings under sections like section 85 or section 57ZK.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM89417.


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Part 6Enforcement, remedies, and appeals
Jurisdiction of courts

75Jurisdiction of High Court

  1. In accordance with this Part, the High Court must hear and determine the following matters:

  2. applications for orders under section 74C to enforce undertakings:
    1. in the case of contraventions of Part 2,—
      1. proceedings for the recovery of pecuniary penalties under section 80:
        1. applications for injunctions under section 81:
          1. actions for damages under section 82:
          2. in the case of contraventions of Part 3,—
            1. proceedings for the recovery of pecuniary penalties under section 83:
              1. applications for injunctions under section 84:
                1. actions for damages under section 84A:
                  1. proceedings under section 85:
                  2. in the case of contraventions relating to Part 4,—
                    1. proceedings for the recovery of pecuniary penalties under section 86 or 87:
                      1. applications for orders under section 86A, 86C, or 87A:
                        1. applications for injunctions under section 87C:
                        2. in the case of contraventions relating to Part 4A, proceedings under sections 57ZK, 57ZM, 57ZN, 57ZR, 57ZS, and 57ZT:
                          1. applications for orders under section 89:
                            1. appeals against determinations of the Commission:
                              1. applications for orders under section 80B or section 80C:
                                1. proceedings for offences against section 80E:
                                  1. applications for orders under section 82A:
                                    1. applications for orders under section 85A or 85B.
                                      1. Repealed
                                      Notes
                                      • Section 75(1): amended, on , by section 13(1) of the Commerce Amendment Act 2018 (2018 No 42).
                                      • Section 75(1)(aa): replaced, on , by section 13(2) of the Commerce Amendment Act 2018 (2018 No 42).
                                      • Section 75(1)(b)(i): substituted, on , by section 25 of the Commerce Amendment Act 1990 (1990 No 41).
                                      • Section 75(1)(b)(iia): inserted, on , by section 5 of the Commerce Amendment Act 1996 (1996 No 113).
                                      • Section 75(1)(c): substituted, on , by section 9(1) of the Commerce Amendment Act 2008 (2008 No 70).
                                      • Section 75(1)(ca): inserted, on , by section 16 of the Local Government (Water Services) (Repeals and Amendments) Act 2025 (2025 No 43).
                                      • Section 75(1)(e): added, on , by section 3(4) of the Judicature Amendment Act 1991 (1991 No 60).
                                      • Section 75(1)(f): added, on , by section 16(2) of the Commerce Amendment Act 2001 (2001 No 32).
                                      • Section 75(1)(g): added, on , by section 16(2) of the Commerce Amendment Act 2001 (2001 No 32).
                                      • Section 75(1)(h): added, on , by section 16(2) of the Commerce Amendment Act 2001 (2001 No 32).
                                      • Section 75(1)(i): added, on , by section 9(2) of the Commerce Amendment Act 2008 (2008 No 70).
                                      • Section 75(2): repealed, on , by section 3(4) of the Judicature Amendment Act 1991 (1991 No 60).