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Commerce Act 1986

Enforcement, remedies, and appeals - Restrictive trade practices

81: Injunctions may be granted by court for contravention of Part 2

You could also call this:

"Courts can stop you breaking Commerce Act rules"

Illustration for Commerce Act 1986

If you break a rule in Part 2 of the Commerce Act, a court can stop you from doing it. The court can make this decision if the Commission or someone else asks them to. You can be stopped from doing something that breaks a rule, tries to break a rule, or helps someone else break a rule. This includes trying to convince someone else to break a rule, or being involved in someone else's plan to break a rule. The court can also stop you if you are working with someone else to break a rule in Part 2 of the Commerce Act, which you can read more about by following the link to Part 2.

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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=DLM89466.

Topics:
Crime and justice > Courts and legal helpBusiness > Fair trading
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82: Actions for damages for contravention of Part 2, or

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Part 6Enforcement, remedies, and appeals
Restrictive trade practices

81Injunctions may be granted by court for contravention of Part 2

  1. The court may, on the application of the Commission or any other person, grant an injunction restraining a person from engaging in conduct that constitutes or would constitute any of the following:

  2. a contravention of any of the provisions of Part 2:
    1. any attempt to contravene such a provision:
      1. aiding, abetting, counselling, or procuring any other person to contravene such a provision:
        1. inducing, or attempting to induce, any other person, whether by threats, promises or otherwise, to contravene such a provision:
          1. being in any way directly or indirectly, knowingly concerned in, or party to, the contravention by any other person of such a provision:
            1. conspiring with any other person to contravene such a provision.

              Notes
              • Section 81: amended, on , by section 32(2)(d) of the Commerce (Cartels and Other Matters) Amendment Act 2017 (2017 No 40).