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Commerce Act 1986

Enforcement, remedies, and appeals - Restrictive trade practices

80D: Application for order under section 80C

You could also call this:

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

Illustration for Commerce Act 1986

If you want to apply for a special order under section 80C, the Commission has to tell the person it's applying against at least 10 days before. You can find out more about this in section 80C. The Commission must inform this person about its intention to apply for the order.

When the Commission's application is being heard, it must go to court and point out any important information. The Commission can also give evidence or call witnesses. The person the order is against can also go to court, give evidence, or call witnesses.

After the court makes an order under section 80C, the court's Registrar must tell the person the order is against, and the Registrar of Companies, as soon as possible. The Registrar of Companies must then publish the person's name in the Gazette.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM89462.

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Business > Fair tradingCrime and justice > Courts and legal help
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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"

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80E: Offence to act in contravention of order made under section 80C, or

"Breaking a rule made under section 80C is against the law and can lead to big trouble"

Part 6Enforcement, remedies, and appeals
Restrictive trade practices

80DApplication for order under section 80C

  1. The Commission must give not less than 10 days' notice of its intention to apply for an order under section 80C to the person against whom the order is sought.

  2. On the hearing of the Commission's application or an application for leave by a person against whom an order under section 80C has been made,—

  3. the Commission must appear and call the attention of the court to any matter that seems to it to be relevant, and may give evidence or call witnesses; and
    1. the person against whom the order is sought or has been made may appear and give evidence or call witnesses.

      1. The Registrar of the court must, as soon as practicable after the making of an order under section 80C, give notice of the order to—

      2. the person against whom the order has been made; and
        1. the Registrar of Companies, and the Registrar of Companies must give notice in the Gazette of the name of the person against whom the order is made.

          Notes
          • Section 80D: inserted, on , by section 18 of the Commerce Amendment Act 2001 (2001 No 32).