New Zealand Legislation: Acts
Acts are laws made by Parliament
(1) In this Act, unless the context otherwise requires,—
accounting period has the same meaning as in section 2(1) of the Financial Reporting Act 1993, except that every reference to an entity is a reference to a body corporate.
accounting period: this definition was inserted, as from 26 May 2001, by section 5 Commerce Amendment Act 2001 (2001 No 32). See section 26 of that Act as to proceedings barred or commenced before 26 May 2001.
Acquire,—
(a) In relation to goods, includes obtain by way of gift, purchase, or exchange; and also includes take on lease, hire, or hire purchase:
(b) In relation to services, includes accept:
(c) In relation to interests in land, includes obtain by way of gift, purchase, exchange, lease or licence.
Arrive at, in relation to an understanding, includes reach, and enter into
Assets includes intangible assets
Assets: this definition was inserted, as from 1 January 1991, by section 2(1) Commerce Amendment Act 1990 (1990 No 41).
associate member means a member appointed under section 11(1).
“associate member”
: this definition was inserted, as from 25 January 2005, by section 200 Crown Entities Act 2004 (2004 No 115).
Authorisation means an authorisation granted by the Commission under Part 5 of this Act, or by the Court on appeal under Part 6 of this Act against a determination of the Commission
Business means any undertaking—
(a) That is carried on for gain or reward; or
(b) In the course of which—
(i) Goods or services are acquired or supplied; or
(ii) Any interest in land is acquired or disposed of—
otherwise than free of charge:
Chairman
[Repealed]
“Chairman”
: this definition was repealed, as from 25 January 2005, by section 200 Crown Entities Act 2004 (2004 No 115).
chairperson means the chairperson of the Commission.
“chairperson”
: this definition was inserted, as from 25 January 2005, by section 200 Crown Entities Act 2004 (2004 No 115).
Clearance means a clearance given by the Commission under Part 5 of this Act, or by the Court on appeal under Part 6 of this Act against a determination of the Commission
Commission—
(a) means the Commerce Commission established under Part 1; or
(b) for the purposes of determining any matter or class of matter specified in a direction under section 16(1), means the Division of the Commission specified in the direction in accordance with section 16(5).
“Commission”
: this definition was substituted, as from 25 January 2005, by section 200 Crown Entities Act 2004 (2004 No 115).
Commissioner means a Commissioner appointed under section 74AA(1).
Commissioner: this definition was inserted, as from 26 May 2001, by section 5 Commerce Amendment Act 2001 (2001 No 32). See section 26 of that Act as to proceedings barred or commenced before 26 May 2001.
“Commissioner”
: this definition was substituted, as from 25 January 2005, by section 200 Crown Entities Act 2004 (2004 No 115).
Court means the High Court of New Zealand
Covenant means a covenant (including a promise not under seal) annexed to or running with an estate or interest in land (whether at law or in equity and whether or not for the benefit of other land); and proposed covenant has a corresponding meaning
Credit instrument means any agreement (whether in writing or not) acknowledging an obligation to pay a sum or sums of money on demand or at any future time or times
Deputy Chairman
[Repealed]
“Deputy Chairman”
: this definition was repealed, as from 25 January 2005, by section 200 Crown Entities Act 2004 (2004 No 115).
deputy chairperson means the deputy chairperson of the Commission.
“deputy chairperson”
: this definition was inserted, as from 25 January 2005, by section 200 Crown Entities Act 2004 (2004 No 115).
Document means a document in any form whether signed or initialled or otherwise authenticated by its maker or not; and includes—
(a) Any writing on any material:
(b) Any information recorded or stored by means of any tape-recorder, computer, or other device; and any material subsequently derived from information so recorded or stored:
(c) Any label, marking, or other writing that identifies or describes any thing of which it forms part, or to which it is attached by any means:
(d) Any book, map, plan, graph, or drawing:
(e) Any photograph, film, negative, tape, or other device in which one or more visual images are embodied so as to be capable (with or without the aid of some other equipment) of being reproduced:
Electricity Commission means the Commission continued under section 172M of the Electricity Act 1992
Electricity Commission: this definition was inserted, as from 18 October 2004, by section 3 Commerce Amendment Act (No 2) 2004 (2004 No 82).
Give effect to, in relation to a provision of a contract, arrangement, or understanding, includes—
(a) Do an act or thing in pursuance of or in accordance with that provision:
(b) Enforce or purport to enforce that provision:
goods
(a) means personal property of every kind (whether tangible or intangible); and
(b) includes—
(i) ships, aircraft, and vehicles:
(ii) animals, including fish:
(iii) minerals, trees, and crops, whether on, under, or attached to land or not:
(iv) gas and electricity:
(v) to avoid doubt, water and computer software
goods: this definition was substituted, as from 8 July 2003, by section 3(1) Commerce Amendment Act 2003 (2003 No 32).
Local authority includes every local authority and every public body or other authority created by or pursuant to any public Act or local Act
member of the Commission—
(a) means a member appointed under section 9(2); and
(b) means the Telecommunications Commissioner appointed under section 9 of the Telecommunications Act 2001; and
(c) in the circumstances in section 11(3), includes an associate member.
“member of the Commission”
: this definition was substituted, as from 25 January 2005, by section 200 Crown Entities Act 2004 (2004 No 115).
Minister
[Repealed]
Minister: this definition was substituted, as from 1 December 1988, by section 4(1) Trade and Industry Repeal Act 1988 (1988 No 156).
“Minister”
: this definition was repealed, as from 25 January 2005, by section 200 Crown Entities Act 2004 (2004 No 115).
Minister means the Minister of the Crown who, under the authority of any warrant or with the authority of the Prime Minister, is for the time being responsible for the administration of this Act.
Minister: a second definition of this term was inserted, as from 26 May 2001, by section 5 Commerce Amendment Act 2001 (2001 No 32). See section 26 of that Act as to proceedings barred or commenced before 26 May 2001. The amending authority did not repeal the existing definition of Minister.
Officer of the Commission
[Repealed]
“Officer of the Commission”
: this definition was repealed, as from 25 January 2005, by section 200 Crown Entities Act 2004 (2004 No 115).
Person, includes a local authority, and any association of persons whether incorporated or not
Place includes any premises, building, aircraft, ship, carriage, vehicle, or receptacle
Place: this definition was inserted, as from 1 July 1990, by section 2(2) Commerce Amendment Act 1990 (1990 No 41).
Prescribed means prescribed by regulations under this Act or by the Commission
Price, includes valuable consideration in any form, whether direct or indirect; and includes any consideration that in effect relates to the acquisition or supply of goods or services or the acquisition or disposition of any interest in land, although ostensibly relating to any other matter or thing
Provision, in relation to an understanding or arrangement, means any matter forming part of or relating to the understanding or arrangement
Services includes any rights (including rights in relation to, and interests in, real or personal property), benefits, privileges, or facilities that are or are to be provided, granted, or conferred in trade; and, without limiting the generality of the foregoing, also includes the rights, benefits, privileges, or facilities that are or are to be provided, granted, or conferred under any of the following classes of contract
(a) A contract for, or in relation to,—
(i) The performance of work (including work of a professional nature), whether with or without the supply of goods; or
(ii) The provision of, or the use or enjoyment of facilities for, accommodation, amusement, the care of persons or animals or things, entertainment, instruction, parking, or recreation; or
(iii) The conferring of rights, benefits, or privileges for which remuneration is payable in the form of a royalty, tribute, levy, or similar exaction:
(iv) to avoid doubt, the supply of electricity, gas, telecommunications, or water, or the removal of waste water:
(b) A contract of insurance, including life assurance, and life reassurance:
(c) A contract between a bank and a customer of the bank:
(d) Any contract for or in relation to the lending of money or granting of credit, or the making of arrangements for the lending of money or granting of credit, or the buying or discounting of a credit instrument, or the acceptance of deposits;—
but does not include rights or benefits in the form of the supply of goods or the performance of work under a contract of service
services: paragraph (a)(iv) of this definition was inserted, as from 8 July 2003, by section 3(2) Commerce Amendment Act 2003 (2003 No 32).
Share means a share in the share capital of a company or other body corporate, whether or not it carries the right to vote at general meetings; and includes—
(a) A beneficial interest in any such share:
(b) A power to exercise, or control the exercise of, a right to vote attaching to any such share that carries the right to vote at meetings of the company:
(c) A power to acquire or dispose of, or control the acquisition or disposition of, any such share:
(d) A perpetual debenture and perpetual debenture stock:
Share: this definition was inserted, as from 1 January 1991, by section 2(3) Commerce Amendment Act 1990 (1990 No 41).
Share: this definition was amended, as from 1 July 1994, by section 2 Company Law Reform (Transitional Provisions) 1994 (1994 No 16) by substituting the words “meetings of the company”
for the words “general meetings”
.
Substantial
[Repealed]
Substantial: this definition was repealed, as from 1 January 1991, by section 2(4) Commerce Amendment Act 1990 (1990 No 41).
Supply,—
(a) In relation to goods, includes supply (or resupply) by way of gift, sale, exchange, lease, hire, or hire purchase; and
(b) In relation to services, includes provide, grant, or confer;—
and supply as a noun, supplied, and supplier have corresponding meanings
Trade means any trade, business, industry, profession, occupation, activity of commerce, or undertaking relating to the supply or acquisition of goods or services or to the disposition or acquisition of any interest in land
turnover means the total gross revenues (exclusive of any tax required to be collected) received or receivable by a body corporate in an accounting period as a result of trading by that body corporate within New Zealand.
turnover: this definition was inserted, as from 26 May 2001, by section 5 Commerce Amendment Act 2001 (2001 No 32). See section 26 of that Act as to proceedings barred or commenced before 26 May 2001.
Working day means any day of the week other than—
(a) Saturday, Sunday, Good Friday, Easter Monday, Anzac Day, Labour Day, the Sovereign's birthday, and Waitangi Day; and
(b) A day in the period commencing with the 25th day of December in any year and ending with the 15th day of January in the following year.
(1A) In this Act (except sections 36, 36A, and 47(3) and (4)) substantial means real or of substance.
(2) In this Act,—
(a) A reference to engaging in conduct shall be read as a reference to doing or refusing to do any act, including—
(i) The entering into, or the giving effect to a provision of, a contract or arrangement; or
(ii) The arriving at, or the giving effect to a provision of, an understanding; or
(iii) The requiring of the giving of, or the giving of, a covenant:
(b) A reference to conduct, when that expression is used as a noun otherwise than as mentioned in paragraph (a) of this subsection, shall be read as a reference to the doing of, or the refusing to do, any act, including—
(i) The entering into, or the giving effect to a provision of, a contract or arrangement; or
(ii) The arriving at, or the giving effect to a provision of, an understanding; or
(iii) The requiring of the giving of, or the giving of, a covenant:
(c) A reference to refusing to do an act includes a reference to—
(i) Refraining (otherwise than inadvertently) from doing that act; or
(ii) Making it known that that act will not be done:
(d) A reference to a person offering to do an act, or to do an act on a particular condition, includes a reference to the person making it known that the person will accept applications, offers, or proposals for the person to do that act or to do that act on that condition, as the case may be.
(3) Where any provision of this Act is expressed to render a provision of a contract or a covenant unenforceable if the provision of the contract or the covenant has or is likely to have a particular effect, that provision of this Act applies in relation to the provision of the contract or the covenant at any time when the provision of the contract or the covenant has or is likely to have that effect, notwithstanding that—
(a) At an earlier time the provision of the contract or the covenant did not have that effect or was not regarded as likely to have that effect; or
(b) The provision of the contract or the covenant will not or may not have that effect at a later time.
(4) In this Act—
(a) A reference to the acquisition of goods includes a reference to the acquisition of property in, or rights in relation to, goods in pursuance of a supply of the goods:
(b) A reference to the supply or acquisition of goods or services includes a reference to agreeing to supply or acquire goods or services:
(c) A reference to the supply or acquisition of goods includes a reference to the supply or acquisition of goods together with other property or services or both:
(d) A reference to the supply or acquisition of services includes a reference to the supply or acquisition of services together with property or other services or both:
(e) A reference to the resupply of goods acquired from a person includes a reference to—
(i) A supply of the goods to another person in an altered form or condition; and
(ii) A supply to another person of other goods in which the goods have been incorporated.
(5) For the purposes of this Act—
(a) A provision of a contract, arrangement or understanding, or a covenant shall be deemed to have had, or to have, a particular purpose if—
(i) The provision was or is included in the contract, arrangement or understanding, or the covenant was or is required to be given, for that purpose or purposes that included or include that purpose; and
(ii) That purpose was or is a substantial purpose:
(b) A person shall be deemed to have engaged, or to engage, in conduct for a particular purpose or a particular reason if—
(i) That person engaged or engages in that conduct for that purpose or reason or for purposes or reasons that included or include that purpose or reason; and
(ii) That purpose or reason was or is a substantial purpose or reason.
(6) In this Act—
(a) A reference to a contract shall be construed as including a reference to a lease of, or a licence in respect of, any land or a building or part of a building, and shall be so construed notwithstanding any express reference in this Act to any such lease or licence:
(b) A reference to making or entering into a contract, in relation to such a lease or licence, shall be read as a reference to granting or taking the lease or licence:
(c) A reference to a party to a contract, in relation to such a lease or licence, shall be read as including a reference to any person bound by, or entitled to the benefit of, any provision contained in the lease or licence.
(7) For the purposes of this Act, any 2 bodies corporate are to be treated as interconnected if—
(a) One of them is a body corporate of which the other is a subsidiary (within the meaning of sections 158 and 158A of the Companies Act 1955 or sections 5 and 6 of the Companies Act 1993, as the case may be); or
(b) Both of them are subsidiaries (within the meaning of those sections) of the same body corporate; or
(ba) both of them are entities referred to by any of the paragraphs (other than paragraph (e)) of the definition of transferor in section 2(1) of the Health Sector (Transfers) Act 1993; or.
(c) Both of them are interconnected with bodies corporate that, in accordance with paragraph (a) or paragraph (b) of this subsection, are interconnected—
and interconnected bodies corporate has a corresponding meaning.
(7A) For the purposes of subsection (7)(a) and (b) of this section, no body corporate shall be regarded as a subsidiary (within the meaning of sections 158 and 158A of the Companies Act 1955 or sections 5 and 6 of the Companies Act 1993, as the case may be) of the Crown.
(8) For the purposes of this Act—
(a) Any contract or arrangement entered into, or understanding arrived at by an association or body of persons, shall be deemed to have been entered into or arrived at by all the persons who are members of the association or body:
(b) Any recommendation made by an association or body of persons to its members or to any class of its members shall, notwithstanding anything to the contrary in the constitution or rules of the association or body of persons, be deemed to be an arrangement made between those members or the members of that class and between the association or body of persons and those members or the members of that class.
(9) Nothing in subsection (8) of this section applies to—
(a) Any member of an association or body of persons who expressly notifies the association or body in writing that he disassociates himself from the contract, arrangement, or understanding or any provision thereof and who does so disassociate himself:
(b) To any member of an association or body of persons who establishes that he had no knowledge and could not reasonably have been expected to have had knowledge of the contract, arrangement, or understanding.
Compare: 1975 No 113 ss 2(1), 67A(3); 1976 No 67 ss 22, 23(3); 1979 No 140 s 2; 1983 No 144 s 26; Trade Practices Act 1974 (Aust), ss 4, 4C, 4F, 4H
Subsection (1A) was inserted, as from 1 January 1991, by section 2(5) Commerce Amendment Act 1990 (1990 No 41).
Subsection (1A) was amended, as from 26 May 2001, by section 9(2) Commerce Amendment Act 2001 (2001 No 32) by substituting the words “sections 36, 36A, and”
for the word “section”
. See section 26 of that Act as to proceedings barred or commenced before 26 May 2001.
Subsection (7) was substituted, as from 1 January 1991, by section 2(6) Commerce Amendment Act 1990 (1990 No 41).
Subsection (7)(a) was substituted, as from 1 July 1994, by section 2 Company Law Reform (Transitional Provisions) Act 1994 (1994 No 16).
Subsection (7)(b) was amended, as from 1 July 1994, by section 2 Company Law Reform (Transitional Provisions) Act 1994 (1994 No 16) by substituting the words “those sections”
for the words “that section”
.
Subsection (7)(ba) was inserted, as from 1 January 2001, by section 107(1) New Zealand Public Health and Disability Act 2000 (2000 No 91).
Subsection (7A) was inserted, as from 9 December 1994, by section 2(1) Commerce Amendment Act 1994 (1994 No 135).
Subsection (7A) was amended, as from 1 January 2001, by section 107(2) New Zealand Public Health and Disability Act 2000 (2000 No 91) by substituting the expression “subsection (7)(a) and (b)”
for the expression “subsection (7)”
.