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Commerce Act 1986

Authorisations and clearances - Restrictive trade practices

65AAA: Commission may grant interim authorisation

You could also call this:

"The Commission can give temporary permission before making a final decision."

Illustration for Commerce Act 1986

The Commission can give an interim authorisation for an application under section 58 if they think it is appropriate. You need to know that the Commission does not have to follow certain rules before giving an interim authorisation, like those in section 61(5) to (9). When the Commission talks about an authorisation in certain sections, like sections 58A, 58B, 59A, 59B, 61(2), 65, 92, 104, 105, and 106(10), it also means an interim authorisation.

An interim authorisation stays in place until you withdraw your application, the Commission revokes it under section 65, or the Commission decides on your application under section 58. The Commission can choose how long an interim authorisation lasts. This means the Commission has the power to grant an interim authorisation for a certain period of time, as they see fit.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS691459.

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Part 5Authorisations and clearances
Restrictive trade practices

65AAACommission may grant interim authorisation

  1. The Commission may make a determination in writing granting an interim authorisation for an application under section 58 if the Commission considers it is appropriate to do so.

  2. The Commission is not required to comply with section 61(5) to (9) before granting an interim authorisation.

  3. For the purposes of this section, a reference in any of sections 58A, 58B, 59A, 59B, 61(2), 65, 92, 104, 105, and 106(10) to an authorisation must be treated as if it were a reference to an interim authorisation.

  4. An interim authorisation remains in force until—

  5. the applicant withdraws its application for an authorisation; or
    1. the Commission revokes the interim authorisation under section 65; or
      1. the Commission declines or grants the application for an authorisation under section 58.

        1. Subsection (4) does not limit the Commission’s ability to grant an interim authorisation for such period as the Commission sees fit.

        Notes
        • Section 65AAA: inserted, on , by section 30 of the Commerce Amendment Act 2022 (2022 No 11).