Commerce Act 1986

Enforcement, remedies, and appeals - Appeals from determinations of Commission

92: Persons entitled to appeal

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"Who can appeal a decision made by the Commission"

Illustration for Commerce Act 1986

You can appeal a decision made by the Commission under certain circumstances. If the Commission makes a decision about an application for authorisation under section 58 or 67, you can appeal if you applied for the authorisation or if you have a direct and significant interest in the application and participated in the Commission's processes. You must have a direct and significant interest in the application and have participated in the Commission's processes.

If the Commission revokes or amends an authorisation under section 65(1), the person who was granted the authorisation can appeal. You can also appeal if the Commission makes a decision under section 65A and you applied for the clearance or are a party to the contract. This includes any person who is a party to the contract, arrangement, understanding, or covenant to which the application for clearance relates.

If the Commission makes a decision under section 66 about a notice seeking a clearance, you can appeal if you sought the clearance or if your assets are proposed to be acquired. Any person whose assets, or the shares in which, are proposed to be acquired can also appeal. You can appeal if the Commission makes a decision under section 52P and you are a supplier or consumer of goods or services to which the determination relates, as defined in section 52C.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM89905.


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Part 6Enforcement, remedies, and appeals
Appeals from determinations of Commission

92Persons entitled to appeal

  1. The following persons may exercise the right of appeal pursuant to section 91:

  2. in the case of an appeal against a determination of the Commission in relation to an application for an authorisation under section 58 or 67, the applicant and any other person who—
    1. has a direct and significant interest in the application; and
      1. participated in the Commission's processes leading up to the determination:
      2. in the case of an appeal against a determination of the Commission revoking or amending an authorisation pursuant to section 65(1) or revoking an authorisation and substituting a further authorisation pursuant to that subsection, the person to whom the authorisation was granted:
        1. in the case of an appeal against a determination of the Commission under section 65A,—
          1. the person who applied for the clearance; and
            1. any other person who is a party to the contract, arrangement, understanding, or covenant to which the application for clearance relates:
            2. in the case of an appeal against a determination of the Commission under section 66 in relation to a notice seeking a clearance,—
              1. the person who sought the clearance; and
                1. any person whose assets, or the shares in which, are proposed to be acquired pursuant to the clearance:
                2. in the case of an appeal against a determination made under section 52P, any supplier or consumer (as defined in section 52C) of goods or services to which the determination relates:
                      Notes
                      • Section 92: amended, on , by section 32(2)(d) of the Commerce (Cartels and Other Matters) Amendment Act 2017 (2017 No 40).
                      • Section 92(a): replaced, on , by section 28(1) of the Commerce (Cartels and Other Matters) Amendment Act 2017 (2017 No 40).
                      • Section 92(ba): inserted, on , by section 28(2) of the Commerce (Cartels and Other Matters) Amendment Act 2017 (2017 No 40).
                      • Section 92(ba)(ii): amended, on , by section 40 of the Commerce Amendment Act 2022 (2022 No 11).
                      • Section 92(c): replaced, on , by section 28(3) of the Commerce (Cartels and Other Matters) Amendment Act 2017 (2017 No 40).
                      • Section 92(d): substituted, on , by section 18 of the Commerce Amendment Act 2008 (2008 No 70).
                      • Section 92(e): repealed, on , by section 18 of the Commerce Amendment Act 2008 (2008 No 70).
                      • Section 92(f): repealed, on , by section 15 of the Commerce Amendment Act 2018 (2018 No 42).