Commerce (Cartels and Other Matters) Amendment Act 2017

Coat of Arms of New Zealand

Commerce (Cartels and Other Matters) Amendment Act 2017

Public Act
2017 No 40
Date of assent
14 August 2017
see section 2


3Principal Act amended
5Application of Act to conduct outside New Zealand
6New section 6C inserted
6CTransitional, savings, and related provisions
7Section 29 repealed
8New heading and sections 30 to 33 substituted
30Prohibition on entering into or giving effect to cartel provision
30AMeaning of cartel provision and related terms
30BAdditional interpretation relating to cartel provisions
30CCartel provisions generally unenforceable
31Exception for collaborative activity
32Exception for vertical supply contracts
33Exception for joint buying and promotion agreements
9New heading inserted
10New sections 44A and 44B inserted
44AExceptions in relation to international liner shipping services
44BFurther exception in relation to international liner shipping services (price fixing in relation to space on ship)
11New sections 47A to 47D inserted
47ADeclaration relating to acquisition by overseas person
47BOrders against New Zealand bodies corporate following declaration under section 47A
47CApplication by Commission for declaration or order
47DRevocation and variation of declarations and orders
12Effect of authorisation
13When Commission may grant authorisation
14Procedure for applications for authorisation of restrictive trade practices
15Determination of applications for authorisation of restrictive trade practices
16Commission to prepare draft determination in relation to restrictive trade practices
17New sections 65A to 65D inserted
65ACommission may give clearances relating to cartel provisions
65BEffect of clearance under section 65A
65CProcedures relating to clearances
65DRevocation of clearances
18Commission may give clearances for business acquisitions
19Effect of clearance or authorisation
20Lay members of High Court in certain cases
21Relationship between pecuniary penalties and criminal liability
22Pecuniary penalties
23New section 80A substituted
80ARestriction on indemnities relating to contraventions of section 30
24Court may order certain persons to be excluded from management of body corporate
25Pecuniary penalties
26Actions for damages for contravention of Part 3
27New section 90 substituted
90Conduct by employees, agents, and others
28Persons entitled to appeal
29Commission may require person to supply information or documents or give evidence
32Consequential and minor amendments to principal Act
33Amendments to Shipping Act 1987
34Consequential amendment to principal Act as result of amendments to Shipping Act 1987
35Consequential amendment to Civil Aviation Act 1990
36New Schedule 1AA inserted
Legislative history
Administrative information

The Parliament of New Zealand enacts as follows: