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Commerce Act 1986

Miscellaneous provisions - Offences, regulations, and administrative provisions

100: Powers of Commission to prohibit disclosure of information, documents, and evidence

You could also call this:

"The Commission can stop people from sharing certain information to keep it secret for a while."

Illustration for Commerce Act 1986

The Commission can stop you from sharing certain information, documents, or evidence. This can happen when you apply for clearance or authorisation under Part 5 or during an investigation. The Commission can make an order to prohibit the publication or communication of this information. You cannot give evidence that involves this information either. The Commission's order can last for a certain period.

If the Commission makes an order, it will only last for a certain time. For example, if the order is about an application for clearance, it will end 20 working days after the Commission makes a decision. If the application is withdrawn, the order will end when it is withdrawn.

When the order ends, the Official Information Act 1982 will apply to the information, documents, or evidence. If you share information, documents, or evidence that you are not supposed to, you can get in trouble. You might have to pay a fine of up to $4,000 if you are an individual, or up to $12,000 if you are a company.

The Commission can investigate and make inquiries, which includes doing a competition study as defined in section 48. This means the Commission can look into how businesses compete with each other.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM89944.

Topics:
Crime and justice > Criminal lawBusiness > Fair tradingRights and equality > Privacy
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"Keeping Shared Information Private"

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Part 7Miscellaneous provisions
Offences, regulations, and administrative provisions

100Powers of Commission to prohibit disclosure of information, documents, and evidence

  1. Subject to subsection (2), the Commission may, in relation to any application for, or any notice seeking, any clearance or authorisation under Part 5, or in the course of carrying out any other investigation or inquiry under this Act, make an order prohibiting—

  2. the publication or communication of any information or document or evidence which is furnished or given or tendered to, or obtained by, the Commission in connection with the operations of the Commission:
    1. the giving of any evidence involving any such information, document, or evidence.

      1. Any order made by the Commission under subsection (1) may be expressed to have effect for such period as is specified in the order, but no such order shall have effect,—

      2. where that order was made in connection with any application for, or any notice seeking, any clearance or authorisation under Part 5, after the expiry of 20 working days from the date on which the Commission makes a final determination in respect of that application or notice, or, where that application or notice is withdrawn before any such determination is made, after the date on which the application or notice is withdrawn:
        1. where that order was made in connection with any other investigation or inquiry conducted by the Commission, after the conclusion of that investigation or inquiry.

          1. On the expiry of any order made under subsection (1), the provisions of the Official Information Act 1982 shall apply in respect of any information, document, or evidence that was the subject of that order.

          2. Every person who, contrary to any order made by the Commission under subsection (1), publishes or communicates any information or document or evidence commits an offence and is liable, on conviction, to a fine not exceeding $4,000 in the case of a person not being a body corporate, and $12,000 in the case of a body corporate.

          3. For the purposes of this section, an inquiry includes a competition study (as defined in section 48).

          Notes
          • Section 100: substituted, on , by section 25(1) of the Official Information Amendment Act 1987 (1987 No 8).
          • Section 100(4): amended, on , by section 413 of the Criminal Procedure Act 2011 (2011 No 81).
          • Section 100(5): inserted, on , by section 16 of the Commerce Amendment Act 2018 (2018 No 42).