Commerce Act 1986

Miscellaneous provisions - Powers relating to evidence

98A: Power to search

You could also call this:

"The law allows officials to search a place if they think someone has broken the rules, with a special permission slip called a warrant."

The Commission can authorise an employee to search a place if they think someone has broken the Commerce Act. They need a warrant to do this, which is like a special permission slip. The warrant is issued by an issuing officer who is satisfied that there are good reasons to believe someone has broken the Act.

If the Commission gets a warrant, the employee can search the place named in the warrant. The employee must follow the rules set out in the Search and Surveillance Act 2012 when searching the place. This means they have to do the search in a way that is fair and respectful.

When the Commission is searching for evidence, they are looking for proof that someone has broken the Commerce Act. This includes breaking any rules or regulations that are part of the Act. The Commission can also search for evidence if they are helping a regulator from another country who is investigating someone for breaking their laws, as long as New Zealand has an agreement to co-operate with that country, as required by section 99G(1)(b).

The Commission has to follow the rules when searching for evidence, and they can only search for evidence of breaking the Commerce Act, except for section 99A. They can provide information and help to regulators from other countries, as stated in section 99I, if they are investigating someone for breaking the law in that country.

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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=DLM89919.

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

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

98B: Powers conferred by warrant, or

"Special powers given by a warrant: what the law says"

Part 7Miscellaneous provisions
Powers relating to evidence

98APower to search

The Commission may, from time to time, authorise an employee of the Commission to search under a warrant issued under subsection (2) any place named in the warrant for the purpose of ascertaining whether a person has engaged in or is engaging in conduct that constitutes or may constitute a contravention of this Act, not being a contravention of section 99A.
An issuing officer (within the meaning of section 3 of the Search and Surveillance Act 2012) who is satisfied, on an application made in the manner provided in subpart 3 of Part 4 of that Act by a person who is authorised under subsection (1) that there are reasonable grounds to believe that it is necessary for the purpose of ascertaining whether or not a person has engaged in or is engaging in conduct that constitutes or may constitute a contravention of this Act, not being a contravention of section 99A, for an employee of the Commission to search any place may, by warrant, authorise that employee to search a place specified in the warrant.
The provisions of Part 4 of the Search and Surveillance Act 2012 (except sections 118 and 119) apply, with any necessary modifications.
In this section, a reference to a contravention of this Act includes a reference to contravening the requirements of any type of regulation under Part 4 of this Act.
For the purpose of allowing the Commission to provide, under section 99I, compulsorily acquired information and investigative assistance to a recognised overseas regulator, every reference in this section to a contravention of this Act must be taken to include a reference to a contravention of any foreign enactment that is identified (as required by section 99G(1)(b)) in the co-operation arrangement concerning that recognised overseas regulator.

Notes

Section 98A: inserted, on 1 July 1990, by section 34 of the Commerce Amendment Act 1990 (1990 No 41).
Section 98A(2): amended, on 1 October 2012, by section 313(2) of the Search and Surveillance Act 2012 (2012 No 24).
Section 98A(3): replaced, on 1 October 2012, by section 313(3) of the Search and Surveillance Act 2012 (2012 No 24).
Section 98A(4): added, on 14 October 2008, by section 22 of the Commerce Amendment Act 2008 (2008 No 70).
Section 98A(4): amended, on 1 October 2012, by section 313(4) of the Search and Surveillance Act 2012 (2012 No 24).
Section 98A(5): inserted, on 24 October 2012, by section 4 of the Commerce (International Co-operation, and Fees) Amendment Act 2012 (2012 No 84).