Commerce Act 1986

Miscellaneous provisions - Offences, regulations, and administrative provisions

104: Determinations of Commission

You could also call this:

"The Commission's Official Decisions: how they are made and proved to be real and trustworthy."

When the Commission makes a decision under the Commerce Act 1986, it must be in writing and signed by a member of the Commission or an employee who is allowed to sign. The Commission's seal can also be used to show the decision is official. You can trust that the decision is real if it has the Commission's seal or a signature from a member or authorised employee.

If you need to show a decision made by the Commission in court, you can use a copy that has been certified by an authorised employee. This copy will be accepted as evidence of the Commission's decision.

A copy of a decision that says it is certified will be assumed to be genuine unless someone can prove it is 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=DLM89955.

Topics:

Government and voting > Government departmentsBusiness > Industry rules

103: Offences, or

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

105: Restriction on delegation, or

"The Commission can't pass on its special powers to others."

Part 7Miscellaneous provisions
Offences, regulations, and administrative provisions

104Determinations of Commission

Any determination, clearance, authorisation, or decision 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 1 or more members of the Commission or by an employee of the Commission authorised for the purpose.
A copy of a determination, clearance, authorisation or decision of the Commission, certified to be a true copy by an employee of the Commission authorised in that behalf to certify copies of determinations, clearances, authorisations or decisions of the Commission, shall be received in all courts as evidence of the determination, clearance, authorisation or decision.
A document purporting to be a copy of a determination, clearance, authorisation or decision of the Commission and to be certified to be a true copy in accordance with subsection (2) shall, unless the contrary is established, be deemed to be such a copy and to be so certified.

Notes

Section 104(1): amended, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115).
Section 104(2): amended, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115).