Commerce Act 1986

Miscellaneous provisions - Offences, regulations, and administrative provisions

101: Notices

You could also call this:

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

When the Commission gives you a notice under this Act, it must be in writing. The notice is valid if it has the Commission's seal or is signed by the chairperson, a member of the Commission, or someone acting for the Commission. The notice must be served on you or someone who represents you, as set out in section 102.

If a document says it is signed by or sealed with the Commission's seal, it is assumed to be genuine in court unless someone proves it is not. You can rely on documents that appear to be from the Commission. The Commission's documents are accepted as real unless someone shows they are not.

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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=DLM89948.

Topics:

Government and voting > Government departments

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

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

102: Service of notices, or

"How to give someone official documents for the Commerce Act"

Part 7Miscellaneous provisions
Offences, regulations, and administrative provisions

101Notices

Any notice given by the Commission under or for the purposes of this Act shall be sufficiently given if it is in writing under the seal of the Commission or is signed by the chairperson, or by 1 or more of the members of the Commission, or by any person purporting to act by direction of the Commission, and is served in accordance with section 102 on the person or persons primarily concerned therewith or on any person or organisation deemed by the Commission to represent the person or persons primarily concerned therewith.
All documents purporting to be signed by or on behalf of the Commission or to be sealed with the seal of the Commission shall, in all courts and in all proceedings under this Act, be deemed to have been so signed or sealed with due authority unless the contrary is proved.

Notes

Section 101(1): amended, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115).