New Zealand Acts

COMMERCE ACT 1986 - SECT 82D

82D Disclosure by defendant in cartel prosecution

1 A defendant that wishes to claim that an exception set out in Part 2 applied in relation to the conduct that constituted the alleged contravention, or to rely on the defence in section 82C , must—

a) notify the prosecution of that fact within 20 working days after the defendant pleads not guilty (or at any later time with the leave of the court); and

b) at the same time, provide sufficient details about the application of the relevant section to inform the prosecution about how the exception is claimed to have applied or how the defence will be relied on.

2 The court or the Registrar of the court must give written notice of the requirements in subsection (1) to a defendant who pleads not guilty.

History: Section 82D: inserted, on 8 April 2021, by section 4 of the Commerce (Criminalisation of Cartels) Amendment Act 2019 (2019 No 9).