New Zealand Acts

COMMERCE ACT 1986 - SECT 82

82 Actions for damages for contravention of Part 2

1 Every person is liable in damages for any loss or damage caused by that person engaging in conduct that constitutes any of the following:

a) a contravention of any of the provisions of Part 2 :

b) aiding, abetting, counselling, or procuring the contravention of such a provision:

c) inducing by threats, promises, or otherwise the contravention of such a provision:

d) being in any way directly or indirectly, knowingly concerned in, or party to, the contravention of such a provision:

e) conspiring with any other person in the contravention of such a provision.

2 An action under subsection (1) may be commenced within 3 years after the matter giving rise to the contravention was discovered or ought reasonably to have been discovered. However, no action under subsection (1) may be commenced 10 years or more after the matter giving rise to the contravention.

Note: Trade Practices Act 1974 s 82 (Aust)

History: Section 82(1): amended, on 15 August 2017, by section 32(2)(d) of the Commerce (Cartels and Other Matters) Amendment Act 2017 (2017 No 40).   Section 82(2): substituted, on 26 May 2001, by section 19 of the Commerce Amendment Act 2001 (2001 No 32).