New Zealand Acts

COMMERCE ACT 1986 - SECT 106

106 Proceedings privileged

1 No proceedings, civil or criminal, shall lie against the Commission for anything it may do or fail to do in the course of the exercise or intended exercise of its functions, unless it is shown that the Commission acted without reasonable care or in bad faith.

2 No proceedings, civil or criminal, lie against any member of the Commission, or any officer or employee of the Commission, or any member of a committee of the Commission, for anything that person may do or say or fail to do or say in the course of the operations of the Commission, unless it is shown that the person acted in bad faith.

3 Nothing in subsections (1) and (2) applies in respect of proceedings for—

a) an offence against section 78 or section 78A or section 105 or section 105A of the Crimes Act 1961 ; or

b) the offence of conspiring to commit an offence against section 78 or section 78A or section 105 or section 105A of the Crimes Act 1961 ; or

c) the offence of attempting to commit an offence against section 78 or section 78A or section 105 or section 105A of the Crimes Act 1961 .

3A Section 59(3) of the Crown Entities Act 2004 (which provides that a statutory entity may bring an action against a member for breach of an individual duty) does not apply, unless it is shown by the Commission that the person acted in bad faith.

3B Sections 122 to 126 of the Crown Entities Act 2004 apply as if the conduct for which a person may be indemnified or insured under those sections were conduct that is covered by the protection from liability in this section.

3C This section contains an exception to section 121 of the Crown Entities Act 2004 .

4 A person shall not be excused from complying with any requirement to furnish information, produce documents, or give evidence under this Act, or, on appearing before the Commission, from answering any question or producing any document, on the ground that to do so might tend to incriminate that person.

5 A statement made by a person in answer to a question put by or before the Commission shall not in criminal proceedings or in proceedings for pecuniary penalties, be admissible against that person.

6 Nothing in subsection (5) applies in respect of—

a) proceedings on a charge of perjury against the maker of the statement; or

b) proceedings on a charge of an offence against section 103 .

7 No court or other person shall be entitled to require any member of the Commission, or any employee of the Commission or any other person present at any meeting of the Commission, to divulge or communicate any information furnished or obtained, documents produced, obtained or tendered, or evidence given, in connection with the operations of the Commission.

8 Nothing in subsection (7) applies in respect of—

a) any proceedings referred to in subsection (3) or subsection (6); or

b) any proceedings to which the Commission is a party.

9 Anything said, or any information furnished, or any document produced or tendered, or any evidence given by any person to the Commission, shall be privileged in the same manner as if that statement, information, document, or evidence were made, furnished, produced, or given in proceedings in a court.

10 For the purposes of clause 3 of Part 2 of Schedule 1 of the Defamation Act 1992 , any statement, document, determination, clearance, authorisation, or decision made by the Commission in the exercise or intended exercise of any of its functions or powers shall be deemed to be an official report made by a person holding an inquiry under the authority of the Parliament of New Zealand.

Note: 1975 No 113 ss 17(1), (3), (4), 130B; 1976 No 67 ss 9, 23(3); 1983 No 144 s 45

History: Section 106(2): substituted, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115).   Section 106(3A): inserted, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115).     Section 106(3B): inserted, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115).     Section 106(3C): inserted, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115).     Section 106(4): substituted, on 1 July 1990, by section 39 of the Commerce Amendment Act 1990 (1990 No 41).     Section 106(4): amended, on 14 October 2008, by section 25(1) of the Commerce Amendment Act 2008 (2008 No 70).     Section 106(5): substituted, on 1 July 1990, by section 39 of the Commerce Amendment Act 1990 (1990 No 41).     Section 106(5): amended, on 14 October 2008, by section 25(2) of the Commerce Amendment Act 2008 (2008 No 70).     Section 106(5): amended, on 14 October 2008, by section 25(3) of the Commerce Amendment Act 2008 (2008 No 70).     Section 106(6)(b): amended, on 14 October 2008, by section 25(4) of the Commerce Amendment Act 2008 (2008 No 70).     Section 106(7): amended, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115).     Section 106(10): substituted, on 1 February 1993, by section 56(1) of the Defamation Act 1992 (1992 No 105).