New Zealand Acts

COMMERCE ACT 1986 - SECT 82E

82E Consequences of failure to disclose under section 82D

1 This section applies if, at the hearing or trial of a defendant, the court is satisfied that—

a) evidence sought to be adduced by the defendant is, or is based on, information that should have been disclosed to the prosecution under section 82D ; and

b) that information was not disclosed.

2 The court may—

a) exclude the evidence; or

b) with or without requiring the evidence to be disclosed, adjourn the hearing or trial; or

c) admit the evidence if it is in the interests of justice to do so; or

d) exercise its powers under any other enactment or rule of law that deals with the failure of a party to comply with the directions of the court.

3 However, if it appears to the court that the defendant was not given notice in accordance with section 82D(2) , the court—

a) must not order the exclusion of evidence under subsection (2)(a); but

b) must adjourn the hearing or trial if the prosecution requests an adjournment.

Note: 2008 No 38 s 34

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