New Zealand Acts

COMMERCE ACT 1986 - SECT 82A

82A Exemplary damages for contravention of Part 2

1 The court may order a person who has engaged in any conduct referred to in section 82(1) to pay exemplary damages even though the court has made, or may make, an order directing the person to pay a pecuniary penalty under section 80 for the same conduct.

2 In determining whether to award exemplary damages and, if they are to be awarded, the amount of them, the court must have regard to—

a) whether a pecuniary penalty has been imposed on the defendant for a contravention involving the conduct concerned in the claim for exemplary damages; and

b) if so, the amount of the pecuniary penalty.

3 The court may not order a person to pay exemplary damages in relation to conduct for which the person has been convicted of an offence under section 82B .

History: Section 82A: inserted, on 26 May 2001, by section 20 of the Commerce Amendment Act 2001 (2001 No 32).   Section 82A(3): inserted, on 8 April 2021, by section 11 of the Commerce (Criminalisation of Cartels) Amendment Act 2019 (2019 No 9).