New Zealand Acts

COMMERCE ACT 1986 - SECT 79B

79B Relationship between pecuniary penalties and criminal liability

1 Once criminal proceedings against a person for an offence under section 82B, 86B, or 87B are determined, the High Court may not order the person to pay a pecuniary penalty in respect of the conduct, events, transactions, or other matters that were the subject of the criminal proceedings.

2 Once civil proceedings against a person for a pecuniary penalty under this Part are determined, the person may not be convicted of an offence under section 82B, 86B, or 87B in respect of the conduct, events, transactions, or other matters that were the subject of the civil proceedings.

3 Any uncompleted proceedings for an order under this Act that a person pay a pecuniary penalty must be stayed if criminal proceedings are started or have already been started against the person for the same act or omission, or substantially the same act or omission, in respect of which the pecuniary penalty order is sought.

History: Section 79B: inserted, on 14 October 2008, by section 12(1) of the Commerce Amendment Act 2008 (2008 No 70).   Section 79B(1): amended, on 8 April 2021, by section 9(1) of the Commerce (Criminalisation of Cartels) Amendment Act 2019 (2019 No 9).     Section 79B(2): amended, on 8 April 2021, by section 9(2) of the Commerce (Criminalisation of Cartels) Amendment Act 2019 (2019 No 9).     Section 79B(3): inserted, on 15 August 2017, by section 21 of the Commerce (Cartels and Other Matters) Amendment Act 2017 (2017 No 40).