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Commerce Act 1986

Miscellaneous provisions - Offences, regulations, and administrative provisions

106A: Judicial notice

You could also call this:

"Courts automatically accept certain documents as true if they have official seals and signatures"

Illustration for Commerce Act 1986

When you are in court, you need to know that the court will automatically accept certain things as true. This includes the official seal of the Commission and the signature of the chairperson, deputy chairperson, or a member of the Commission on a document that seems to be from the Commission. The court will also accept the official seal of the Australian Competition and Consumer Commission and the signature of the chairperson, deputy chairperson, or a member of that Commission on a document that seems to be from them.

You should look at the document to see if it appears to be from the Commission or the Australian Competition and Consumer Commission. The court will take notice of the seal and signature without needing extra proof. This is part of the Commerce Act 1986, which you can find on the New Zealand legislation website.

The court's decision is based on the law, which was amended by the Commerce Amendment Act 1990, the Crown Entities Act 2004, and the Commerce Amendment Act 1996.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM89967.

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Part 7Miscellaneous provisions
Offences, regulations, and administrative provisions

106AJudicial notice

  1. For the purposes of this Act, judicial notice shall be taken in all courts and for all purposes of—

  2. the common seal of the Commission:
    1. the signature of any person holding, or who has held, office as the chairperson, deputy chairperson, or a member of the Commission on a document that appears to be a document made on behalf of the Commission:
      1. the official seal of the Australian Competition and Consumer Commission:
        1. the official signature of any person holding, or who has held, office as the chairperson, deputy chairperson, or a member, of the Australian Competition and Consumer Commission on a document that appears to be a document made on behalf of that Commission.

          Notes
          • Section 106A: inserted, on , by section 40 of the Commerce Amendment Act 1990 (1990 No 41).
          • Section 106A(b): amended, on , by section 200 of the Crown Entities Act 2004 (2004 No 115).
          • Section 106A(c): amended, on , by section 12 of the Commerce Amendment Act 1996 (1996 No 113).
          • Section 106A(d): amended, on , by section 200 of the Crown Entities Act 2004 (2004 No 115).
          • Section 106A(d): amended, on , by section 12 of the Commerce Amendment Act 1996 (1996 No 113).