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Commerce Act 1986

Miscellaneous provisions - Powers relating to evidence

98: Commission may require person to supply information or documents or give evidence

You could also call this:

"The Commission can ask you for information, documents, or to tell them what you know."

Illustration for Commerce Act 1986

The Commission can ask you to give them information or documents if they need it to do their job. They will send you a notice in writing telling you what they need and when they need it. You might have to write down the information, or you might have to give them documents. The Commission can also ask you to come and talk to them, either in person or by writing, to give evidence about something. This means you will tell them what you know about a particular topic. You can talk to the Commission using an audio link, like a phone call, or an audiovisual link, like a video call, if you and the Commission agree to it. An audio link is when you can hear each other's voices, but you are not in the same room. An audiovisual link is when you can see and hear each other, but you are not in the same room.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM89917.

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Part 7Miscellaneous provisions
Powers relating to evidence

98Commission may require person to supply information or documents or give evidence

  1. Where the Commission considers it necessary or desirable for the purposes of carrying out its functions and exercising its powers under this Act, the Commission may, by notice in writing served on any person, require that person—

  2. to furnish to the Commission, by writing signed by that person or, in the case of a body corporate, by a director or competent servant or agent of the body corporate, within the time and in the manner specified in the notice, any information or class of information specified in the notice; or
    1. to produce to the Commission, or to a person specified in the notice acting on its behalf in accordance with the notice, any document or class of documents specified in the notice; or
      1. to appear before the Commission at a time and place specified in the notice to give evidence, either orally or in writing, and produce any document or class of documents specified in the notice.

        1. For the purposes of subsection (1), the Commission’s powers under this Act include the power to investigate whether an exception or exemption from this Act (whether under this Act or any other enactment) applies to a person or to a person’s conduct.

        2. A person may appear before the Commission under subsection (1)(c) by audio link or audiovisual link if the Commission and the person agree.

        3. In this section,—

          audio link means facilities (for example, telephone facilities) that enable audio communication between the Commission and a person when either or both of them are not physically present at the place specified in the notice

            audiovisual link means facilities that enable audio and visual communication between the Commission and a person when either or both of them are not physically present at the place specified in the notice.

            Notes
            • Section 98(1): substituted, on , by section 34 of the Commerce Amendment Act 1990 (1990 No 41).
            • Section 98(2): inserted, on , by section 29 of the Commerce (Cartels and Other Matters) Amendment Act 2017 (2017 No 40).
            • Section 98(3): inserted, on , by section 45 of the Electronic Interactions Reform Act 2017 (2017 No 50).
            • Section 98(4): inserted, on , by section 45 of the Electronic Interactions Reform Act 2017 (2017 No 50).