Commerce Act 1986

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

94: Court may refer appeals back for reconsideration

You could also call this:

"Court can send appeal back to Commission for another look"

If you appeal a decision made by the Commission, the court can send your appeal back to the Commission. The court can ask the Commission to think again about the whole decision or just part of it. The court will tell the Commission why it is sending the appeal back and what it wants the Commission to do. When the Commission thinks again about the decision, it must consider what the court has said.

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This page was last updated on 31 August 2025

View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM89910.

Topics:

Crime and justice > Courts and legal help

93: Determination of appeals, or

"The court decides what happens next when you appeal a decision."

95: Provisions pending determination of appeal, or

"What happens to a decision while you're waiting for an appeal to be decided"

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

94Court may refer appeals back for reconsideration

Notwithstanding anything in section 93, the court may, in any case, instead of determining any appeal under that section, direct the Commission to reconsider, either generally or in respect of any specified matters, the whole or any specified part of the matter to which the appeal relates.
In giving any direction under this section, the court shall—
advise the Commission of its reasons for doing so; and
give to the Commission such directions as it thinks just concerning the reconsideration or otherwise of the whole or any part of the matter that is referred back for reconsideration.

In reconsidering the matter so referred back, the Commission shall have regard to the court's reasons for giving a direction under subsection (1), and the court's directions under subsection (2).