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Commerce Act 1986

Enforcement, remedies, and appeals - Restrictive trade practices

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

You could also call this:

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

Illustration for Commerce Act 1986

The court can make an order to stop you from being a director or manager of a company for up to 5 years. This can happen if you break the rules in section 30 of the Commerce Act. You might have made a contract or agreement that is not allowed, or you might have given a promise that is not allowed. The court can stop you from managing a company if you have done something wrong, like making a contract that contains a cartel provision. You will not be allowed to be involved in managing a company without the court's permission.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM89460.

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80B: Pecuniary penalties for contravention of section 80A, or

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

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80D: Application for order under section 80C, or

"Asking the court for a special order to stop unfair business practices"

Part 6Enforcement, remedies, and appeals
Restrictive trade practices

80CCourt may order certain persons to be excluded from management of body corporate

  1. The court may make an order that a person must not, without the leave of the court, be a director or promoter of, or in any way, either directly or indirectly, be concerned or take part in the management of, a body corporate for a period not exceeding 5 years as may be specified in the order, if the court is satisfied on the application of the Commission that the person has, in contravention of section 30,—

  2. entered into a contract or arrangement, or has arrived at an understanding, that contains a cartel provision; or
    1. given, or required the giving of, a covenant that contains a cartel provision; or
      1. given effect to a contract, arrangement, understanding, or covenant that contains a cartel provision.

            Notes
            • Section 80C: inserted, on , by section 18 of the Commerce Amendment Act 2001 (2001 No 32).
            • Section 80C: amended, on , by section 24(1) of the Commerce (Cartels and Other Matters) Amendment Act 2017 (2017 No 40).
            • Section 80C(a): replaced, on , by section 24(2) of the Commerce (Cartels and Other Matters) Amendment Act 2017 (2017 No 40).
            • Section 80C(ab): inserted, on , by section 36(1) of the Commerce Amendment Act 2022 (2022 No 11).
            • Section 80C(b): replaced, on , by section 24(2) of the Commerce (Cartels and Other Matters) Amendment Act 2017 (2017 No 40).
            • Section 80C(b): amended, on , by section 36(2) of the Commerce Amendment Act 2022 (2022 No 11).
            • Section 80C(c): repealed, on , by section 24(2) of the Commerce (Cartels and Other Matters) Amendment Act 2017 (2017 No 40).
            • Section 80C(d): repealed, on , by section 24(2) of the Commerce (Cartels and Other Matters) Amendment Act 2017 (2017 No 40).