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Commerce Act 1986

Enforcement, remedies, and appeals - Restrictive trade practices

82: Actions for damages for contravention of Part 2

You could also call this:

"Suing someone for breaking commerce rules and causing harm"

Illustration for Commerce Act 1986

If you do something that breaks the rules in Part 2 of the Commerce Act, you can be liable for any loss or damage you cause. This means you can be sued for damages if you do something like contravene a provision of Part 2, or help someone else contravene a provision. You can also be liable if you convince someone to contravene a provision, or if you are involved in a contravention in any way.

If you want to take action against someone who has broken the rules, you can start a lawsuit within three years of discovering what happened. However, you cannot start a lawsuit more than 10 years after the rules were broken. You can find more information about the rules in Part 2 of the Commerce Act.

You should be aware that there are time limits for taking action, so it's essential to act quickly if you think someone has broken the rules.

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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=DLM89467.

Topics:
Business > Fair tradingMoney and consumer rights > Consumer protection
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81: Injunctions may be granted by court for contravention of Part 2, or

"Courts can stop you breaking Commerce Act rules"

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82A: Exemplary damages for contravention of Part 2, or

"Paying extra for breaking the rules in the Commerce Act"

Part 6Enforcement, remedies, and appeals
Restrictive trade practices

82Actions for damages for contravention of Part 2

  1. Every person is liable in damages for any loss or damage caused by that person engaging in conduct that constitutes any of the following:

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

            1. An action under subsection (1) 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 action under subsection (1) may be commenced 10 years or more after the matter giving rise to the contravention.

            Notes
            • Section 82(1): amended, on , by section 32(2)(d) of the Commerce (Cartels and Other Matters) Amendment Act 2017 (2017 No 40).
            • Section 82(2): substituted, on , by section 19 of the Commerce Amendment Act 2001 (2001 No 32).