The purpose of a warning is to advise a person that certain behaviour, based on the facts known to the Commission, is at risk of breaching the Commerce Act. A warning will be given where the behaviour is considered not to be significant or deliberate. The conditions specified in the undertaking or deed will depend on the facts of the case. In general terms, the Commission will offer an administrative settlement only where it would otherwise be prepared to commence litigation on the breach. Litigation under the Commerce Act involves High Court action.
Individuals can take court action under the Commerce Act.
This option is available even when the Commerce Commission has decided to take no further action. A Guide for Advertisers and Traders 1997.