New Zealand Acts

COMMERCE ACT 1986 - SECT 103

103 Offences

1 No person shall—

a) without reasonable excuse, refuse or fail to comply with a notice under sections 53B(1)(c), 53N, 53ZD, and 98 ; or

b) in purported compliance with such a notice, furnish information, or produce a document, or give evidence, knowing it to be false or misleading; or

c) resist, obstruct, or delay an employee of the Commission acting pursuant to a warrant issued under section 98A .

2 No person shall attempt to deceive or knowingly mislead the Commission in relation to any matter before it.

3 No person, having been required to appear before the Commission pursuant to section 98(1)(c) , shall—

a) without reasonable excuse, refuse or fail to appear before the Commission to give evidence; or

b) refuse to take an oath or make an affirmation as a witness; or

c) refuse to answer any question; or

d) refuse to produce to the Commission any book or document that that person is required to produce.

4 A person who contravenes subsection (1), (2), or (3) commits an offence and is liable on conviction to,—

a) in the case of an individual, a fine not exceeding $100,000:

b) in any other case, a fine not exceeding $300,000.

5 Proceedings for an offence against subsection (4) may be commenced within 3 years after the matter giving rise to the contravention was discovered or ought reasonably to have been discovered.

History: Section 103: substituted, on 1 July 1990, by section 37 of the Commerce Amendment Act 1990 (1990 No 41).   Section 103(1)(a): amended, on 14 October 2008, by section 23 of the Commerce Amendment Act 2008 (2008 No 70).     Section 103(3): editorial change made by the PCO, on 16 August 2024, under sections 86(1) and 87(l)(iii) of the Legislation Act 2019 (2019 No 58).     Section 103(4): replaced, on 15 August 2017, by section 30(1) of the Commerce (Cartels and Other Matters) Amendment Act 2017 (2017 No 40).     Section 103(5): added, on 26 May 2001, by section 25 of the Commerce Amendment Act 2001 (2001 No 32).     Section 103(5): amended, on 15 August 2017, by section 30(2) of the Commerce (Cartels and Other Matters) Amendment Act 2017 (2017 No 40).