New Zealand Acts

COMMERCE ACT 1986 - SECT 99J

99J Conditions on providing compulsorily acquired information and investigative assistance

1 If the Commission provides compulsorily acquired information or investigative assistance to a recognised overseas regulator, the Commission may impose conditions on such provision, including conditions relating to—

a) maintaining the confidentiality of information; and

b) the storage or use of, or access to, anything provided; and

c) the copying, returning, or disposal of copies of anything provided; and

d) the payment of costs incurred by the Commission in providing anything or in otherwise complying with a request for information or investigative assistance.

2 The Commission must not provide copies of statements made by any person in answer to a question put by or before the Commission that might tend to incriminate the person, unless the recognised overseas regulator gives a written undertaking—

a) that it will not use such statements as evidence—

i) in criminal proceedings against the person (other than in proceedings in respect of the falsity of the person's testimony); or

ii) in proceedings against the person for a pecuniary penalty or any equivalent proceedings; and

b) that, to the extent that it is within the ability of the overseas regulator to do so, it will ensure that such statements are not used by any other person, authority, or agency as evidence in proceedings referred to in paragraph (a).

History: Section 99J: inserted, on 24 October 2012, by section 5 of the Commerce (International Co-operation, and Fees) Amendment Act 2012 (2012 No 84).