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Commerce Act 1986

Enforcement, remedies, and appeals - Restrictive trade practices

80B: Pecuniary penalties for contravention of section 80A

You could also call this:

"Paying a fine if you break a specific commerce rule"

Illustration for Commerce Act 1986

If you break section 80A of the Commerce Act, you might have to pay a fine. The court can order you to pay the Crown a fine if they think you have broken the rules. You can be fined up to 2 times the value of any indemnity you gave in contravention of section 80A.

The court can start a case against you within 3 years after they find out you broke the rules. However, they cannot start a case against you if it has been 10 years or more since you broke the rules. You can be taken to court if you act in contravention of section 80A.

If the court thinks you have broken the rules, they will decide how much you have to pay. The amount you have to pay will depend on what you did wrong. You might have to pay a lot of money if you broke the rules badly.

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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=DLM89458.

Topics:
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80A: Restriction on indemnities relating to contraventions of section 30, or

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80C: Court may order certain persons to be excluded from management of body corporate, or

"Courts can ban people from managing companies if they break the law"

Part 6Enforcement, remedies, and appeals
Restrictive trade practices

80BPecuniary penalties for contravention of section 80A

  1. If the court is satisfied on the application of the Commission that a person has acted in contravention of section 80A, the court may order the person to pay to the Crown any pecuniary penalty that the court determines to be appropriate.

  2. The amount of any pecuniary penalty must not, in respect of each act or omission, exceed 2 times the value of any indemnity given in contravention of section 80A.

  3. Repealed

  4. Repealed

  5. Proceedings under this section may be commenced within 3 years after the matter giving rise to the contravention was discovered or ought reasonably to have been discovered. However, no proceedings under this section may be commenced 10 years or more after the matter giving rise to the contravention.

Notes
  • Section 80B: inserted, on , by section 18 of the Commerce Amendment Act 2001 (2001 No 32).
  • Section 80B(1): amended, on , by section 32(2)(b) of the Commerce (Cartels and Other Matters) Amendment Act 2017 (2017 No 40).
  • Section 80B(3): repealed, on , by section 12(2)(c) of the Commerce Amendment Act 2008 (2008 No 70).
  • Section 80B(4): repealed, on , by section 12(2)(c) of the Commerce Amendment Act 2008 (2008 No 70).