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Commerce Act 1986

Enforcement, remedies, and appeals - Restrictive trade practices

82D: Disclosure by defendant in cartel prosecution

You could also call this:

"Telling the prosecution about exceptions in a cartel case"

Illustration for Commerce Act 1986

If you are a defendant in a cartel prosecution and you want to say that an exception applies, you must tell the prosecution. You must do this within 20 working days after you plead not guilty, or at a later time if the court says it is okay. At the same time, you must give the prosecution enough information about how the exception applies to your case, which is found in Part 2 or how you will use the defence in section 82C. If you plead not guilty, the court or the Registrar of the court will send you a written notice reminding you of these requirements. You will need to follow these steps to claim an exception or use a defence in your case.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS485460.

Topics:
Crime and justice > Criminal lawCrime and justice > Courts and legal help
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82C: Defence relating to exceptions to cartel prohibition, or

"You have a defence against cartel charges if you reasonably thought an exception applied"

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82E: Consequences of failure to disclose under section 82D, or

"What happens if you don't share important information with the other side in a trial?"

Part 6Enforcement, remedies, and appeals
Restrictive trade practices

82DDisclosure by defendant in cartel prosecution

  1. A defendant that wishes to claim that an exception set out in Part 2 applied in relation to the conduct that constituted the alleged contravention, or to rely on the defence in section 82C, must—

  2. notify the prosecution of that fact within 20 working days after the defendant pleads not guilty (or at any later time with the leave of the court); and
    1. at the same time, provide sufficient details about the application of the relevant section to inform the prosecution about how the exception is claimed to have applied or how the defence will be relied on.

      1. The court or the Registrar of the court must give written notice of the requirements in subsection (1) to a defendant who pleads not guilty.

      Notes
      • Section 82D: inserted, on , by section 4 of the Commerce (Criminalisation of Cartels) Amendment Act 2019 (2019 No 9).