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Commerce Act 1986

Restrictive trade practices - Contracts, arrangements, understandings, or covenants substantially lessening competition

28D: Commission may require designated grocery retailer to supply information about contract, etc, to which section 28A may apply

You could also call this:

"The Commission can ask big grocery stores for contract information to check they're following the rules."

Illustration for Commerce Act 1986

The Commission can ask a designated grocery retailer to give them information about a contract. This contract might be one that section 28A applies to, or it might have a part that section 28A applies to. You can read more about section 28A here.

The Commission wants this information to check if the retailer is following certain rules, which are listed in sections 27, 28, 28A, 36, and 47 of this Act, and sections 7, 8, 23, and 26B of the Fair Trading Act 1986. The retailer must give the Commission the information in the way and by the time the Commission says. The Commission can also use its other powers to get the information it needs.

A designated grocery retailer means the same thing as it does in section 28A, which you can read about here. The Commission's other jobs and powers are not affected by this rule. If the Commission asks for information, it must follow the same rules as it does when it gives a notice under section 98, which you can read about here, and Part 7 applies to this notice.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS713170.

Topics:
Business > Industry rulesBusiness > Fair tradingMoney and consumer rights > Consumer protection
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28C: Process for designations for purpose of section 28A, or

"How someone becomes a special grocery retailer under the law"

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29: Contracts, arrangements, or understandings containing exclusionary provisions prohibited, or

"No unfair contracts that stop others competing"

Part 2Restrictive trade practices
Contracts, arrangements, understandings, or covenants substantially lessening competition

28DCommission may require designated grocery retailer to supply information about contract, etc, to which section 28A may apply

  1. For the purpose of assessing compliance with the provisions listed in subsection (2), the Commission may, by written notice, require a designated grocery retailer to—

  2. supply to the Commission information relating to any contract, arrangement, understanding, or covenant (including any process relating to the negotiation or renegotiation of that contract, arrangement, understanding, or covenant)—
    1. to which section 28A may apply; or
      1. that contains a provision to which section 28A may apply; and
      2. supply that information within the time and in the manner specified in the notice.

        1. The provisions are—

        2. sections 27, 28, 28A, 36, and 47 of this Act; and
          1. sections 7, 8, 23, and 26B of the Fair Trading Act 1986.

            1. Part 7 applies to a notice under subsection (1) as if it were a notice given under section 98.

            2. This section does not limit any of the Commission’s other functions, duties, or powers under this Act or any other legislation.

            3. In this section, designated grocery retailer has the same meaning as in section 28A.

            Notes
            • Section 28D: inserted, on , by section 4 of the Commerce (Grocery Sector Covenants) Amendment Act 2022 (2022 No 35).