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Commerce Act 1986

Miscellaneous provisions - Offences, regulations, and administrative provisions

111: Transitional provisions in respect of certain contracts, arrangements, or understandings

You could also call this:

"Rules for old contracts made before 1985"

Illustration for Commerce Act 1986

If you have a contract that was entered into on or before 11 June 1985, the rules in sections 27 and 29, and sections 80 to 82, do not apply before 1 March 1987. You can still follow the rules in your contract before 1 March 1987. The same applies to covenants given before 11 June 1985.

If you have a contract, arrangement, or understanding that was approved by the Commerce Commission before this Act started, the rules in sections 27 and 29, and sections 80 to 82, do not apply before 1 March 1987. This is because your contract was already allowed under the old rules. You can still follow the rules in your contract before 1 March 1987.

The rules in this section do not limit or affect the application of the provisions of Part 5 and the provisions of Part 6, except for sections 80 to 82. This means that some rules still apply, even if your contract was entered into before 11 June 1985. You should be aware of these rules when following your contract.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM89983.

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110: Repeals, revocations, savings, and consequential amendments, or

"Changes to old rules: what's removed, what stays, and how it affects you"

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112: Transitional provisions in respect of goods and services subject to price control under Commerce Act 1975, or

"Old price control rules that are no longer used"

Part 7Miscellaneous provisions
Offences, regulations, and administrative provisions

111Transitional provisions in respect of certain contracts, arrangements, or understandings

  1. Nothing in sections 27 and 29 and sections 80 to 82 shall have any application before 1 March 1987 to the giving effect to a provision of a contract entered into on or before 11 June 1985.

  2. Nothing in section 28 and sections 80 to 82 shall have any application before 1 March 1987 to the carrying out or enforcing of the terms of a covenant given before 11 June 1985.

  3. Repealed

  4. Repealed

  5. Nothing in sections 27 and 29 and sections 80 to 82 shall have any application before 1 March 1987 to the giving effect to a provision of a contract, arrangement, or understanding which immediately before the commencement of this Act—

  6. constituted a trade practice in respect of which an approval granted by the Commerce Commission under section 29 of the Commerce Act 1975 was in force (being a trade practice to which section 27(1) of that Act applied); or
    1. constituted a trade practice deemed to have been approved, or deemed to have been approved subject to conditions, under section 29 of the Commerce Act 1975 pursuant to subsection (10) of that section (being a trade practice to which section 18A of the Trade Practices Act 1958 applied); or
      1. constituted a collective pricing practice to which section 30 of the Commerce Act 1975 applied.

        1. Nothing in this section limits or affects the application of the provisions of Part 5 and the provisions of Part 6 (except sections 80 to 82).

        Notes
        • Section 111(3): repealed, on , by section 2(3) of the Civil Aviation Amendment Act 1987 (1987 No 12).
        • Section 111(4): repealed, on , by section 2(3) of the Civil Aviation Amendment Act 1987 (1987 No 12).