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Fair Trading Act 1986

Enforcement and remedies - Enforceable undertakings

46B: Enforcement of undertakings

You could also call this:

"What happens if you break a promise to the Commerce Commission"

Illustration for Fair Trading Act 1986

You can give an undertaking under section 46A. If the Commission thinks you break this undertaking, they can ask the court for an order. The court can make you follow the undertaking. The court can also make you pay the Crown for any financial benefit you got from breaking the undertaking.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM5838503.

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Topics:
Money and consumer rights > Consumer protectionBusiness > Industry rulesBusiness > Fair trading
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"What happens when someone promises to fix a problem with the law"

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"Courts can stop people from managing businesses if they break fair trading rules"

Part 5Enforcement and remedies
Enforceable undertakings

46BEnforcement of undertakings

  1. If the Commission considers that a person who has given an undertaking under section 46A has breached a term of that undertaking, the Commission may apply to the court for an order under subsection (2).

  2. The court may make any of the following orders if it is satisfied that the person has breached a term of the undertaking:

  3. an order directing the person to comply with the term:
    1. an order directing the person to pay to the Crown an amount not exceeding the amount of any financial benefit that the person has obtained directly or indirectly and that is reasonably attributable to the breach:
      1. any order that the court thinks appropriate directing the person to compensate any other person who has suffered loss or damage as a result of the breach:
        1. an order for any consequential relief that the court thinks appropriate.

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          Notes
          • Section 46B: inserted, on , by section 35 of the Fair Trading Amendment Act 2013 (2013 No 143).