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Commerce (Supermarket Adjudicator and Code of Conduct) Amendment Bill (Consistent) [2017] NZBORARp 70 (24 November 2015)

Last Updated: 10 March 2019

Commerce (Supermarket Adjudicator and Code of Conduct) Amendment Bill

24 November 2015

Hon Christopher Finlayson QC, Attorney-General

Consistency with the New Zealand Bill of Rights Act 1990: Commerce (Supermarket Adjudicator and Code of Conduct) Amendment Bill

1. We have considered whether the Commerce (Supermarket Adjudicator and Code of Conduct) Amendment Bill (‘the Bill’) is consistent with the rights and freedoms affirmed in the New Zealand Bill of Rights Act 1990 (‘the Bill of Rights Act’).
   
2. The purpose of the Bill is to promote competition in New Zealand markets by introducing measures to prevent or mitigate restrictive trade practices for the long-term benefit of consumers and suppliers.
   
3. The Bill requires the appointment of a supermarket adjudicator (‘the adjudicator’). The role of the adjudicator would be to develop a code of conduct for supermarket grocery suppliers, which they would be required to comply with. The adjudicator would also receive and deal with complaints that the code of conduct has been breached.
   
4. We have concluded that the Bill appears to be consistent with the rights and freedoms affirmed in the Bill of Rights Act.
   

Jeff Orr

Chief Legal Counsel Office of Legal Counsel

Disclaimer

In addition to the general disclaimer for all documents on this website, please note the following: This advice was prepared to assist the Attorney-General to determine whether a report should be made to Parliament under s 7 of the New Zealand Bill of Rights Act 1990 in relation to the Commerce (Supermarket Adjudicator and Code of Conduct) Amendment Bill. It should not be used or acted upon for any other purpose. The advice does no more than assess whether the Bill complies with the minimum guarantees contained in the New Zealand Bill of Rights Act. The release of this advice should not be taken to indicate that the Attorney-General agrees with all aspects of it, nor does its release constitute a general waiver of legal professional privilege in respect of this or any other matter. Whilst care has been taken to ensure that this document is an accurate reproduction of the advice provided

to the Attorney-General, neither the Ministry of Justice nor the Crown Law Office accepts any liability for any errors or omissions.