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Fair Trading Act 1986

Enforcement and remedies - Enforceable undertakings

46B: Enforcement of undertakings

You could also call this:

“How the Commerce Commission can make you keep your promises”

If you make a promise to the Commission under section 46A and you don’t keep it, the Commission can ask a court to make you follow through. The court can do several things if they agree that you broke your promise:

They can tell you to do what you said you would do. They can make you pay money to the government if you made money by breaking your promise. They can make you pay people who lost money because you didn’t keep your word. The court can also do other things they think are right to fix the situation.

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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.

Topics:
Business > Fair trading
Money and consumer rights > Consumer protection
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“Courts can stop people from managing businesses if they break fair trading rules”

Part 5 Enforcement 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.

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