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Fair Trading Act 1986

Miscellaneous provisions

47G: Commission may require person to supply information or documents or give evidence

You could also call this:

“Commission can ask for info and you must help”

The Commission can ask you to give them information, documents, or evidence if they think it’s necessary for their job. They will send you a notice in writing telling you what they need.

You might need to write down information, send documents, or come to a meeting to talk to the Commission. If you need to go to a meeting, you can ask to join by phone or video call if the Commission agrees.

When you give information or documents to the Commission, you have the same rights as someone speaking in court. You can’t refuse to give information or documents just because it might get you in trouble.

If you say something to the Commission, they can’t use it against you in court unless you lie or break a specific rule.

The Commission can make you give them information even if it might get you in trouble, but they can’t use what you say against you in most court cases.

In this law, ‘audio link’ means using something like a telephone to talk to the Commission when you’re not in the same place. ‘Audiovisual link’ means using something that lets you see and hear each other when you’re not in the same place.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM97337.

Topics:
Business > Fair trading
Money and consumer rights > Consumer protection
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“It's against the law to stop or slow down special workers doing their job”

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47H: Notices, or

“Rules for official notices from the Commission”

Part 6 Miscellaneous provisions

47GCommission may require person to supply information or documents or give evidence

  1. If the Commission considers it necessary or desirable for the purposes of carrying out its functions and exercising its powers under this Act, the Commission may, by notice in writing served on any person, require that person—

  2. to supply to the Commission, by writing signed by that person or, in the case of a body corporate, by a director or competent employee or agent of the body corporate, within the time and in the manner specified in the notice, any information or class of information specified in the notice; or
    1. to supply to the Commission, or to a person specified in the notice acting on its behalf in accordance with the notice, any document or class of documents specified in the notice; or
      1. to appear before the Commission at a time and place specified in the notice to give evidence, either orally or in writing, and supply any document or class of documents specified in the notice.

        1. A person may appear before the Commission under subsection (1)(c) by audio link or audiovisual link if the Commission and the person agree.

        2. Every person who is required to supply information or documents to the Commission has the same privileges in relation to the supply of the information or documents as witnesses have in any court.

        3. No person is excused from complying with a requirement to supply information or documents, or to appear before the Commission, on the ground that to do so might tend to incriminate the person.

        4. A statement made by a person in answer to a question put by or before the Commission is not admissible against the person in criminal proceedings other than proceedings for a charge of perjury against the maker of the statement or in proceedings on a charge of an offence against section 47J.

        5. Subsections (3) and (4) prevail over subsection (2).

        6. In this section,—

          audio link means facilities (for example, telephone facilities) that enable audio communication between the Commission and a person when either or both of them are not physically present at the place specified in the notice

            audiovisual link means facilities that enable audio and visual communication between the Commission and a person when either or both of them are not physically present at the place specified in the notice.

            Compare
            Notes
            • Section 47G: inserted, on , by section 15 of the Fair Trading Amendment Act 2003 (2003 No 31).
            • Section 47G heading: amended, on , by section 38(1) of the Fair Trading Amendment Act 2013 (2013 No 143).
            • Section 47G(1)(b): amended, on , by section 38(2) of the Fair Trading Amendment Act 2013 (2013 No 143).
            • Section 47G(1)(c): inserted, on , by section 38(2) of the Fair Trading Amendment Act 2013 (2013 No 143).
            • Section 47G(1A): inserted, on , by section 63(1) of the Electronic Interactions Reform Act 2017 (2017 No 50).
            • Section 47G(3): inserted, on , by section 38(3) of the Fair Trading Amendment Act 2013 (2013 No 143).
            • Section 47G(4): inserted, on , by section 38(3) of the Fair Trading Amendment Act 2013 (2013 No 143).
            • Section 47G(5): inserted, on , by section 38(3) of the Fair Trading Amendment Act 2013 (2013 No 143).
            • Section 47G(6): inserted, on , by section 63(2) of the Electronic Interactions Reform Act 2017 (2017 No 50).