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Commerce Act 1986

Miscellaneous provisions - Offences, regulations, and administrative provisions

103: Offences

You could also call this:

"Breaking the law: what happens if you don't follow the rules"

Illustration for Commerce Act 1986

If you do not follow the rules, you can get in trouble. You must not refuse to comply with a notice under section 53B(1)(c), 53N, 53ZD, 57ZJ(2), 98, or clause 36(2) or (4) of Schedule 7 without a good reason. You also must not give false or misleading information when you are supposed to be following one of these notices.

You are not allowed to stop or slow down an employee of the Commission who is doing their job with a warrant issued under section 98A. If you try to deceive the Commission, you can get in trouble.

If the Commission asks you to appear and give evidence under section 98(1)(c), you must go unless you have a good reason not to. When you are there, you must answer questions, take an oath or make an affirmation, and produce any books or documents you are asked to produce.

If you break these rules, you can be fined up to $100,000 if you are an individual, or up to $300,000 if you are not. The police can start proceedings against you within 3 years after they find out what you did.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM89951.

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Part 7Miscellaneous provisions
Offences, regulations, and administrative provisions

103Offences

  1. No person shall—

  2. without reasonable excuse, refuse or fail to comply with a notice under section 53B(1)(c), 53N, 53ZD, 57ZJ(2), or 98 or clause 36(2) or (4) of Schedule 7; or
    1. in purported compliance with such a notice, furnish information, or produce a document, or give evidence, knowing it to be false or misleading; or
      1. resist, obstruct, or delay an employee of the Commission acting pursuant to a warrant issued under section 98A.

        1. No person shall attempt to deceive or knowingly mislead the Commission in relation to any matter before it.

        2. No person, having been required to appear before the Commission pursuant to section 98(1)(c), shall—

        3. without reasonable excuse, refuse or fail to appear before the Commission to give evidence; or
          1. refuse to take an oath or make an affirmation as a witness; or
            1. refuse to answer any question; or
              1. refuse to produce to the Commission any book or document that that person is required to produce.

                1. A person who contravenes subsection (1), (2), or (3) commits an offence and is liable on conviction to,—

                2. in the case of an individual, a fine not exceeding $100,000:
                  1. in any other case, a fine not exceeding $300,000.

                    1. Proceedings for an offence against subsection (4) may be commenced within 3 years after the matter giving rise to the contravention was discovered or ought reasonably to have been discovered.

                    Notes
                    • Section 103: substituted, on , by section 37 of the Commerce Amendment Act 1990 (1990 No 41).
                    • Section 103(1)(a): amended, on , by section 23 of the Local Government (Water Services) (Repeals and Amendments) Act 2025 (2025 No 43).
                    • Section 103(3): editorial change made by the PCO, on , under sections 86(1) and 87(l)(iii) of the Legislation Act 2019 (2019 No 58).
                    • Section 103(4): replaced, on , by section 30(1) of the Commerce (Cartels and Other Matters) Amendment Act 2017 (2017 No 40).
                    • Section 103(5): added, on , by section 25 of the Commerce Amendment Act 2001 (2001 No 32).
                    • Section 103(5): amended, on , by section 30(2) of the Commerce (Cartels and Other Matters) Amendment Act 2017 (2017 No 40).