Commerce Act 1986

Miscellaneous provisions - Powers relating to evidence

99: Powers of Commission to take evidence

You could also call this:

"The Commission can collect information to help make decisions, and you can share what you know in person or in writing."

The Commission can receive any information that helps them make a decision, even if it's not usually allowed in court. You can give evidence in person, and the Commission can ask you to swear an oath to tell the truth. The Commission can also let you give evidence by providing a written statement and swearing an oath to verify it. If you appear as a witness, the Commission might pay you for your expenses, up to a certain amount. The Commission has the power to decide how they want to receive evidence, including what they require from you as a witness, as stated in section 98(1)(c).

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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=DLM89937.

Topics:

Government and voting > Government departments

98H: Supply of information and documents in relation to section 36A, or

"The Commission can ask you for information or documents to help them do their job."

99AA: Sharing of information and documents with public service agencies, statutory entities, Reserve Bank, and New Zealand Police, or

"The government can share secret information with other trusted groups to help them do their jobs."

Part 7Miscellaneous provisions
Powers relating to evidence

99Powers of Commission to take evidence

For the purposes of carrying out its functions and exercising its powers under this Act, the Commission may receive in evidence any statement, document, information, or matter that may in its opinion assist it to deal effectively with the matter before it, whether or not the same would be otherwise admissible in a court of law.
The Commission may take evidence on oath and for that purpose a member of the Commission or any employee of the Commission duly appointed for the purpose may administer an oath.
The Commission may require the evidence referred to in section 98(1)(c) to be given on oath, and for that purpose a member of the Commission or any employee of the Commission duly appointed for the purpose may administer an oath.
The Commission may permit a person appearing as a witness before the Commission to give evidence by tendering and, if the Commission thinks fit, verifying by oath, a written statement.
Where any person has appeared as a witness before the Commission pursuant to a notice in that behalf, or has given evidence before the Commission, whether pursuant to a notice or not, the Commission may, if it thinks fit, order any sum to be paid to that witness on account of his expenses, not exceeding the amount that would be payable to him if his attendance had been as a witness for the Crown in a criminal case in accordance with the regulations for the time being in force for the payment of witnesses for the Crown in criminal cases.

Notes

Section 99(2): amended, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115).
Section 99(3): amended, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115).
Section 99(3): editorial change made by the PCO, on 9 May 2025, under sections 86(1) and 87(l)(iii) and (iv) of the Legislation Act 2019 (2019 No 58).