New Zealand Acts

COMMERCE ACT 1986 - SECT 84

84 Injunctions may be granted by court for contravention of Part 3 or undertaking

1 Where it appears to the court, on the application of the Commission or any other person, that a person intends to engage, or is engaging, or has engaged, in conduct that constitutes or would constitute a contravention of section 47 , the court, by order, may do all or any of the following things:

a) grant an injunction restraining any person from engaging in conduct that constitutes or would constitute—

i) a contravention of section 47 :

ii) any attempt to contravene that provision:

iii) aiding, abetting, counselling, or procuring any other person to contravene that provision:

iv) inducing or attempting to induce any other person, whether by threats, promises or otherwise, to contravene that provision:

v) being in any way directly or indirectly, knowingly concerned in, or party to, the contravention by any other person of that provision:

vi) conspiring with any other person to contravene that provision:

b) impose on any person obligations to be observed in the carrying on of any business or the safeguarding of any business or any assets of any business:

c) provide for the carrying on of any business or the safeguarding of any business or assets of any business, either by the appointment of a person to conduct or supervise the conduct of any business (on such terms and with such powers as may be specified or described in the order), or in any other manner, as it thinks necessary in the circumstances of the case.

2 If it appears to the court, on the application of the Commission, that a person intends to engage, or is engaging, or has engaged, in conduct that constitutes or would constitute a contravention of an undertaking accepted under section 69A , the court, by order, may do all or any of the following things:

a) grant an injunction restraining any person from engaging in conduct that constitutes or would constitute—

i) a contravention of that undertaking:

ii) any attempt to contravene that undertaking:

iii) aiding, abetting, counselling, or procuring any other person to contravene that undertaking:

iv) inducing or attempting to induce any other person, whether by threats, promises, or otherwise, to contravene that undertaking:

v) being in any way directly or indirectly, knowingly concerned in, or party to, the contravention by any other person of that undertaking:

vi) conspiring with any other person to contravene that undertaking:

b) impose on any person obligations to be observed in the carrying on of any business or the safeguarding of any business or any assets of any business:

c) provide for the carrying on of any business or the safeguarding of any business or assets of any business, either by the appointment of a person to conduct or supervise the conduct of any business (on the terms and with the powers as may be specified or described in the order), or in any other manner, as it thinks necessary in the circumstances of the case.

Note: 1975 No 113 s 81H; 1976 No 67 s 22; 1983 No 144 s 35

History: Section 84 heading: amended, on 14 October 2008, by section 13(1) of the Commerce Amendment Act 2008 (2008 No 70).   Section 84(1): amended, on 1 January 1991, by section 30(a) of the Commerce Amendment Act 1990 (1990 No 41).     Section 84(1)(a)(i): amended, on 1 January 1991, by section 30(b) of the Commerce Amendment Act 1990 (1990 No 41).     Section 84(2): added, on 14 October 2008 (applying only to undertakings under section 69A that are accepted in relation to clearances given or authorisations granted on notices under section 66 or 67 that are registered after that date), by section 13(2) of the Commerce Amendment Act 2008 (2008 No 70).