Commerce Act 1986

Miscellaneous provisions - Offences, regulations, and administrative provisions

100A: Commission may state case for opinion of High Court

You could also call this:

"The Commission can ask a high court for help making a fair decision."

The Commission can ask the High Court for its opinion on a law question that comes up in a matter they are dealing with. You can think of the Commission like a group that helps make sure businesses are fair and follow the rules. The High Court is a place where important law decisions are made.

If the Commission asks the High Court for its opinion, the High Court might send the case to the Court of Appeal to make a decision. The Court of Appeal is like a higher level of the High Court that can make decisions on important cases. The court that hears the case will make a decision and send its opinion back to the Commission.

The Commission will then get the court's opinion and use it to help make a decision on the matter they were dealing with. This process helps make sure the Commission is making fair and correct decisions based on the law. It's like getting a second opinion from an expert to make sure everything is done correctly.

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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=DLM89946.

Topics:

Crime and justice > Courts and legal helpBusiness > Fair trading

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

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

101: Notices, or

"The Commission must give you written notices with their seal or signature, and you can trust they are real unless proven otherwise."

Part 7Miscellaneous provisions
Offences, regulations, and administrative provisions

100ACommission may state case for opinion of High Court

The Commission may at any time state a case for the opinion of the court on any question of law arising in any matter before it.
The court may order the removal into the Court of Appeal of any case stated for the opinion of the court under this section.
The court or the Court of Appeal, as the case may be, shall hear and determine the question, and shall remit the case with its opinion to the Commission.

Notes

Section 100A: inserted, on 2 September 1996, by section 10 of the Commerce Amendment Act 1996 (1996 No 113).