Document ID: chunk:federal_register_of_legislation:C2004A04001:body:0:p6
Version: federal_register_of_legislation:C2004A04001
Segment Type: other
Provision Reference: 
Character Range: 19040–21826

believe that a person is capable of furnishing information or producing documents relating to a matter that constitutes, or may constitute, a contravention of section 46a, a member of the Commission may, by written notice served on the person in New Zealand, require the person:

    (a) to furnish to the Commission, by writing signed by the person or, in the case of a body corporate, by a competent officer of the body corporate, within the time and in the manner specified in the notice, any such information; or

    (b) to produce to the Commission, or to a person specified in the notice acting on behalf of the Commission, in accordance with the notice, any such documents.

"(2) The person may comply with the notice by providing the information or document to the New Zealand Commerce Commission for transmission to the Trade Practices Commission.

"(3) Nothing in this section implies that notices may not be served under this section and section 155 in relation to the same conduct.

"(4) This section binds the Crown in all its capacities.

Trade Practices Commission may receive information and documents on behalf of New Zealand Commerce Commission

"155b. (1) Where, by notice under section 98h of the Commerce Act 1986 of New Zealand, the New Zealand Commerce Commission requires a person to furnish any information or produce any document, the information or document may be provided to the Trade Practices Commission for transmission to the New Zealand Commerce Commission.

"(2) As soon as practicable after the information or document is provided to the Trade Practices Commission, the Trade Practices Commission is to transmit it to the New Zealand Commerce Commission.

"(3) A person must not:

    (a) without reasonable excuse, contravene a notice under section 98h of the Commerce Act 1986 of New Zealand; or

    (b) in purported compliance with such a notice, knowingly furnish information that is false or misleading in a material particular.

Penalty:

    (a) in the case of a person other than a body corporate—$2,000; and

    (b) in the case of a body corporate—$10,000.

"(4) A person is not excused from furnishing information or producing a document under a notice under section 98h of the Commerce Act 1986 of New Zealand on the ground that the information, or the production of the document, may tend to incriminate the person, but:

    (a) any information furnished or document produced under such a notice; and

    (b) any information, document or thing obtained as a direct or indirect consequence of furnishing the information or producing the document;

is not admissible in evidence against the person in any criminal proceedings, other than proceedings for an offence against subsection (3).

"(5) This section binds the Crown in all its