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Commerce Act 1986

Enforcement, remedies, and appeals - Business acquisitions

84A: Actions for damages for contravention of Part 3

You could also call this:

"Paying for breaking commerce rules"

Illustration for Commerce Act 1986

If you break the rules in Part 3 of the Commerce Act, you can be sued for damages. This means you might have to pay money to someone who was hurt by what you did. You can be sued if you do something wrong, like breaking section 47 or 47B, or if you help someone else break these rules. You can also be sued if you threaten or promise someone to break these rules, or if you are involved in breaking them in any way. If someone wants to sue you, they have to do it within 3 years of when you did something wrong.

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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=DLM89478.

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Business > Fair tradingMoney and consumer rights > Consumer protection
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"Courts can stop you if you break business rules or promises"

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85: Court may order divestiture of assets or shares in respect of contravention of section 47, or

"Court can order you to sell assets or shares if you break a certain rule"

Part 6Enforcement, remedies, and appeals
Business acquisitions

84AActions for damages for contravention of Part 3

  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 section 47 or 47B:
    1. aiding, abetting, counselling, or procuring the contravention of section 47 or 47B:
      1. inducing by threats, promises, or otherwise the contravention of section 47 or 47B:
        1. being in any way directly or indirectly, knowingly concerned in, or party to, the contravention of section 47 or 47B:
          1. conspiring with any other person in the contravention of section 47 or 47B.

            1. An action under subsection (1) may be commenced at any time within 3 years from the time when the cause of action arose.

            Notes
            • Section 84A: inserted, on , by section 31 of the Commerce Amendment Act 1990 (1990 No 41).
            • Section 84A(1): replaced, on , by section 26 of the Commerce (Cartels and Other Matters) Amendment Act 2017 (2017 No 40).