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COMMERCE ACT 1986 - SECT 87A
Compensation for contravention of price-quality, quality, or performance requirement
87A Compensation for contravention of price-quality, quality, or performance
requirement
1 If the court orders a person to pay a pecuniary penalty under
section 87 in respect of the contravention of a price-quality, quality, or
performance requirement, the court may, in addition, order the person to pay
compensation to any person who has suffered, or is likely to suffer, loss or
damage as a result of the contravention (an
"aggrieved person" ).
2 An application for orders under this section may be
made by the Commission or any aggrieved person.
3 The application must be
made within 1 year of the date of the pecuniary penalty order.
4 The court
may make an order under this section whether or not any aggrieved person is
party to the proceedings.
5 In proceedings under this section, the court may
make such orders as to cost as it thinks fit.
History: Section 87A: inserted,
on 14 October 2008, by section 15 of the Commerce Amendment Act 2008 (2008
No 70). Section 87A heading: amended, on 27 August 2025, by
section 19(1) of the Local Government (Water Services) (Repeals and
Amendments) Act 2025 (2025 No 43). Section 87A(1):
amended, on 27 August 2025, by section 19(2) of the Local Government (Water
Services) (Repeals and Amendments) Act 2025 (2025 No 43).
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