Commerce Amendment Act 2022

Coat of Arms of New Zealand

Commerce Amendment Act 2022

Public Act
2022 No 11
Date of assent
5 April 2022
see section 2


3Principal Act
4Section 2 amended (Interpretation)
5Section 3 amended (Certain terms defined in relation to competition)
6Section 6A amended (Special provisions relating to application of Act to the Crown in right of Australia and to Australian Crown corporations)
7Section 7 amended (Law relating to restraint of trade and breaches of confidence not affected)
8Section 9 amended (Membership of Commission)
9Section 13 amended (Termination of appointment of members)
10Cross-heading above section 27 replaced
11Section 28 amended (Covenants substantially lessening competition prohibited)
12Section 30 amended (Prohibition on entering into or giving effect to cartel provision)
13Section 30A amended (Meaning of cartel provision and related terms)
14Section 30B amended (Additional interpretation relating to cartel provisions)
15Section 30C amended (Cartel provisions generally unenforceable)
16Section 31 amended (Exception for collaborative activity)
17Sections 36 and 36A and cross-heading above section 36 replaced
36Misuse of market power
36AMisuse of market power in trans-Tasman markets
18Section 44A amended (Exceptions in relation to international liner shipping services)
19Section 44B amended (Further exception in relation to international liner shipping services (price fixing in relation to space on ship))
20Section 45 repealed (Exceptions in relation to intellectual property rights)
21Section 46 amended (Saving in respect of business acquisitions)
22Section 48 amended (Interpretation)
23Section 51A amended (Competition study terms of reference)
24Section 58 amended (Commission may grant authorisation for restrictive trade practices)
25Section 58A amended (Effect of authorisation)
26Section 58B amended (Additional provisions relating to authorisations)
27Section 59 amended (Contracts or covenants subject to authorisation not prohibited under certain conditions)
28Section 59A amended (When Commission may grant authorisation)
29Section 61 amended (Determination of applications for authorisation of restrictive trade practices)
30New section 65AAA inserted (Commission may grant interim authorisation)
65AAACommission may grant interim authorisation
31Section 65AA amended (Applications during epidemic period)
32Section 65AD amended (Provisional authorisations for certain applications made during epidemic period)
33Section 65A amended (Commission may give clearances relating to cartel provisions)
34Section 65B amended (Effect of clearance under section 65A)
35Section 69 amended (Effect of clearance or authorisation)
36Section 80C amended (Court may order certain persons to be excluded from management of body corporate)
37Section 82B amended (Offence relating to cartel prohibition)
38Section 83 amended (Pecuniary penalties relating to business acquisitions)
39Section 89 amended (Other orders)
40Section 92 amended (Persons entitled to appeal)
41New cross-heading above section 98 inserted
42New sections 99AA and 99AB and cross-headings inserted
99AASharing of information and documents with public service agencies, statutory entities, Reserve Bank, and New Zealand Police
99ABCommission may impose conditions on provision of information or documents
43Section 99C amended (Definitions of terms used in sections 99B to 99P)
44New cross-heading above section 100 inserted
45Consequential amendment to Fair Trading Act 1986
46Consequential amendment to Takeovers Act 1993
47Consequential amendment to Fuel Industry Act 2020
48Schedule 1AA amended
Legislative history
Administrative information

The Parliament of New Zealand enacts as follows: