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Commerce Act 1986

Enforcement, remedies, and appeals - Restrictive trade practices

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

You could also call this:

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

Illustration for Commerce Act 1986

If you are on trial and you want to use some information as evidence, you must tell the prosecution about it under section 82D. If you do not tell them and the court finds out, the court can stop you from using that information as evidence. The court can also delay the trial or let you use the information if it is fair to do so.

If the court thinks you did not get proper notice to share the information under section 82D(2), the court cannot stop you from using that information as evidence. But if the prosecution asks, the court must delay the trial. The court has other powers it can use if you do not follow its directions.

The court's decision depends on what is fair and just in your case. You must follow the rules about sharing information with the prosecution to avoid problems with your evidence.

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This page was last updated on

View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS485465.

Topics:
Crime and justice > Courts and legal helpCrime and justice > Criminal law
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"Telling the prosecution about exceptions in a cartel case"

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Part 6Enforcement, remedies, and appeals
Restrictive trade practices

82EConsequences of failure to disclose under section 82D

  1. This section applies if, at the hearing or trial of a defendant, the court is satisfied that—

  2. evidence sought to be adduced by the defendant is, or is based on, information that should have been disclosed to the prosecution under section 82D; and
    1. that information was not disclosed.

      1. The court may—

      2. exclude the evidence; or
        1. with or without requiring the evidence to be disclosed, adjourn the hearing or trial; or
          1. admit the evidence if it is in the interests of justice to do so; or
            1. exercise its powers under any other enactment or rule of law that deals with the failure of a party to comply with the directions of the court.

              1. However, if it appears to the court that the defendant was not given notice in accordance with section 82D(2), the court—

              2. must not order the exclusion of evidence under subsection (2)(a); but
                1. must adjourn the hearing or trial if the prosecution requests an adjournment.

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