Commerce Commission v Enviro Waste Services Ltd

[2015] NZHC 2829

IN THE HIGH COURT OF NEW ZEALAND AUCKLAND REGISTRY

COMMERCIAL LIST

CIV 2015-404-2245 [2015] NZHC 2829

BETWEEN

COMMERCE COMMISSION

Plaintiff

AND

ENVIRO WASTE SERVICES LTD First Defendant

DARRELL ASKEW Second Defendant

Hearing:	13 November 2015
Counsel:	J C L Dixon and K C Francis for Plaintiff L O'Gorman for Defendants
Judgment:	13 November 2015

(ORAL) JUDGMENT OF HEATH J

Solicitors:

Meredith Connell, Auckland

Buddle Findlay, Auckland

COMMERCE COMMISSION v ENVIRO WASTE SERVICES LTD [2015] NZHC 2829 [13 November 2015]

[1]      The Commerce Commission has brought proceedings against Enviro Waste Services Ltd and a manager of its Nelson branch, Mr Darrell Askew, seeking declarations that Enviro Waste and Mr Askew conducted themselves in a way which amounted to an attempt to contravene anti-competition provisions of the Commerce Act 1986.  Both Enviro Waste and Mr Askew have admitted relevant conduct.

[2]      Pecuniary penalties have been agreed and put to the Court today for approval. I thank counsel for the quality of the submissions made.  As a result, I am able to deal with the issues before me today.

[3]      For reasons which will be set out in a separate judgment to be delivered as soon as possible, I approve the recommended penalties.  I make the following orders:

(a)      I declare that Enviro Waste’s conduct amounted to an attempt to contravene of s 27(1) of the Act through the deeming provisions of s 30.

(b)Enviro Waste shall pay to the Crown a pecuniary penalty in the sum of $425,000.

(c)       I  declare  that  Mr  Askew’s  conduct  amounted  to  an  attempt  to

contravene s 27(1) of the Act through the deeming provisions of s 30.

(d)      Mr Askew shall pay to the Crown a pecuniary penalty in the sum of

$5000.  That penalty shall be paid in three instalments.  The first is payable on 26 February 2016 in the sum of $1500.  The second and third  payments  shall  be  made  on  or  before  27  May  2016  and  2

September 2016, each in the sum of $1750. (e)           No order as to costs.

[4]      I  record  that  Enviro Waste  has  agreed  to  pay  a  sum  of  $25,000  to  the Commission as a contribution towards its investigation costs.  No order is required in that regard.

[5]      To preserve the ability of affected persons to protect commercially sensitive information, I make an order that the Court file in respect of this proceeding shall not be searched, copied or inspected without leave of a Judge of this Court on a formal

application made on notice to the parties to this proceeding.

P R Heath J