New Zealand Acts

COMMERCE ACT 1986 - SECT 92

92 Persons entitled to appeal

The following persons may exercise the right of appeal pursuant to section 91 :

a) in the case of an appeal against a determination of the Commission in relation to an application for an authorisation under section 58 or 67 , the applicant and any other person who—

i) has a direct and significant interest in the application; and

ii) participated in the Commission's processes leading up to the determination:

b) in the case of an appeal against a determination of the Commission revoking or amending an authorisation pursuant to section 65(1) or revoking an authorisation and substituting a further authorisation pursuant to that subsection, the person to whom the authorisation was granted:

ba) in the case of an appeal against a determination of the Commission under section 65A ,—

i) the person who applied for the clearance; and

ii) any other person who is a party to the contract, arrangement, understanding, or covenant to which the application for clearance relates:

c) in the case of an appeal against a determination of the Commission under section 66 in relation to a notice seeking a clearance,—

i) the person who sought the clearance; and

ii) any person whose assets, or the shares in which, are proposed to be acquired pursuant to the clearance:

d) in the case of an appeal against a determination made under section 52P , any supplier or consumer (as defined in section 52C ) of goods or services to which the determination relates:

e)

f)

History: Section 92: amended, on 15 August 2017, by section 32(2)(d) of the Commerce (Cartels and Other Matters) Amendment Act 2017 (2017 No 40).   Section 92(a): replaced, on 15 August 2017, by section 28(1) of the Commerce (Cartels and Other Matters) Amendment Act 2017 (2017 No 40).     Section 92(ba): inserted, on 15 August 2017, by section 28(2) of the Commerce (Cartels and Other Matters) Amendment Act 2017 (2017 No 40).     Section 92(ba)(ii): amended, on 5 April 2023, by section 40 of the Commerce Amendment Act 2022 (2022 No 11).     Section 92(c): replaced, on 15 August 2017, by section 28(3) of the Commerce (Cartels and Other Matters) Amendment Act 2017 (2017 No 40).     Section 92(d): substituted, on 14 October 2008, by section 18 of the Commerce Amendment Act 2008 (2008 No 70).     Section 92(e): repealed, on 14 October 2008, by section 18 of the Commerce Amendment Act 2008 (2008 No 70).     Section 92(f): repealed, on 26 October 2018, by section 15 of the Commerce Amendment Act 2018 (2018 No 42).