Video | Agriculture | Confidence | Economy | Energy | Employment | Finance | Media | Property | RBNZ | Science | SOEs | Tax | Technology | Telecoms | Tourism | Transport | Search


Comply with information powers

16 February 2005

Commerce Commission reminds industry: comply with information powers or face prosecution

Commerce Commission Chair Paula Rebstock reinforced the Commission’s strong stance on compliance with its information requisitioning powers in front of a chief executives forum in Wellington today with the announcement that the Commission is prosecuting a company and an individual for withholding documents requested as part of a Commission investigation.

Ms Rebstock confirmed the Commission has filed criminal charges in the Manukau District Court against Koppers Arch Wood Protection (NZ) Limited and its General Manager, Roy Parish. The charges related to alleged non-compliance with statutory notices under the Commerce Act that compulsorily require the production of information and documents to the Commission. The penalties for breaching section 103 of the Commerce Act are summary conviction and fines of up to $30,000 for companies and up to $10,000 for individuals.

‘The information and documents that the Commission alleges were not provided by the company or the individual potentially could be relevant evidence for a Commission investigation into alleged anti-competitive practices, including price fixing, in the wood preservatives chemicals markets,” said Ms Rebstock.

“Any failure to comply with Commission statutory notices, or any subsequent destruction of documents that forms part of a Commission investigation, is a serious enforcement issue,” she added.

Ms Rebstock highlighted the prosecution in a presentation focused on the Commission’s revised leniency policy. The Commission recently introduced its new leniency policy to counter cartel behaviour, and has since received four applications under the new policy, including one related to the investigation in both New Zealand and Australia into the corrugated cardboard box industry.

“The Commission’s new leniency policy provides immunity from Commission action to the first member of a cartel to come forward with information about the cartel and co-operate fully with the Commission on its investigation and prosecution of the cartel,” said Ms Rebstock.

“It is intended to encourage a race to be first to the Commission. The policy is designed to create a level of tension and distrust between members of a cartel, and to maximise the motivation for cartel members to come forward.”

Ms Rebstock said increasing the effectiveness of the Commission’s enforcement activity was a strategic priority for the Commission, and the leniency policy was a significant tool in achieving that.

A copy of the Commission’s enforcement policies, include leniency, co-operation and guidelines on the use of cease and desist orders, is available on the Commission’s website,


© Scoop Media

Business Headlines | Sci-Tech Headlines


ScoopPro: Helping The Education Sector Get More Out Of Scoop

The ScoopPro professional license includes a suite of useful information tools for professional users of Scoop including some specifically for those in the education sector to make your Scoop experience better. More>>

Big Tax Bill Due: Destiny Church Charities Deregistered

The independent Charities Registration Board has decided to remove Destiny International Trust and Te Hahi o Nga Matamua Holdings Limited from the Charities Register on 20 December 2017 because of the charities’ persistent failure to meet their annual return obligations. More>>

57 Million Users' Data: Uber Breach "Utterly Preventatable"

Cybersecurity leader Centrify says the Uber data breach of 57 million customer and driver records - which the ride-hailing company hid for more than a year - was “utterly preventable”. More>>

Scoop 3.0: How You Can Help Scoop’s Evolution

We have big plans for 2018 as we look to expand our public interest journalism coverage, upgrade our publishing infrastructure and offer even more valuable business tools to commercial users of Scoop. More>>

Having A Cow? Dairy Product Prices Slide For Fourth Straight Auction

Dairy product prices fell at the Global Dairy Trade auction, retreating for the fourth straight auction amid signs of increased production... Whole milk powder fell 2.7 percent to US$2,778 a tonne. More>>


Statistics: Butter At Record $5.67/Block; High Vegetable Prices

Rising dairy prices have pushed food prices up 2.7 percent in the year to October 2017, Stats NZ said today. This followed a 3.0 percent increase in the year to September 2017. More>>


Science: New Research Finds Herbicides Cause Antibiotic Resistance

New University of Canterbury research confirms that the active ingredients of the commonly used herbicides, RoundUp, Kamba and 2,4-D (glyphosate, dicamba and 2,4-D, respectively), each alone cause antibiotic resistance at concentrations well below label application rates. More>>


  • Bill Bennett on Tech