New Zealand Acts

COMMERCE ACT 1986 - SECT 86C

86C Orders where negotiate/arbitrate regulation applies

1 The court may, on the application of a party (
"party A" ) to negotiation or arbitration in respect of goods or services that are subject to negotiate/arbitrate regulation, make either or both of the following orders:

a) an order requiring another party to the negotiation or arbitration (
"party B" ) to comply with the relevant section 52P determination in the manner specified by the court:

b) an order requiring party B to pay party A an amount to compensate party A for loss or damage suffered as a result of party B failing to co-operate, or inadequately co-operating with, the negotiation or arbitration.

2 Any application for an order under subsection (1)(b) must be made within 1 year after the date on which the failure to co-operate, or inadequate co-operation, occurred.

3 In setting an amount under subsection (1)(b), the court must have regard to all relevant factors, including—

a) the nature and extent of the failure to co-operate; and

b) the extent to which the failure was the result of factors outside the control of party B; and

c) whether party B has previously been ordered to pay compensation for a similar failure in proceedings under this section.

History: Section 86C: inserted, on 14 October 2008, by section 15 of the Commerce Amendment Act 2008 (2008 No 70).