New Zealand Acts

COMMERCE ACT 1986 - SECT 52B

52B Outline of Part

1 This Part provides—

a) generic provisions for imposing any 1 or more types of regulation on goods or services (see subpart 2 ); and

b) for the Commission to determine input methodologies applying to the supply of goods or services regulated under this Part (see subpart 3 ).

2 The different types of regulation under this Part (except for water services) are as follows:

a) information disclosure regulation, under which regulated suppliers are required to disclose information in accordance with requirements determined by the Commission (see subpart 4 ):

b) negotiate/arbitrate regulation, under which regulated suppliers are required to negotiate with other parties on prices and quality, and, if negotiation is unsuccessful, to enter into binding arbitration (see subpart 5 ):

c) price-quality regulation, of which there are 2 types:

i) default/customised price-quality regulation, under which default price-quality paths are set for regulated suppliers, but individual suppliers may seek a customised price-quality path instead (see subpart 6 ); and

ii) individual price-quality regulation, under which the Commission sets a price-quality path for an individual regulated supplier (see subpart 7 ).

2A The different types of regulation under this Part for water services are as follows:

a) information disclosure regulation (as referred to in subsection (2)(a)):

b) revenue threshold regulation, under which the Commission sets minimum or maximum revenue thresholds (or both) for 1 or more regulated suppliers (see Part 3 of Schedule 7 ):

c) quality regulation, under which the Commission sets a quality path for 1 or more regulated suppliers (see Part 4 of Schedule 7 ):

d) performance requirement regulation, under which the Commission sets performance requirements for 1 or more regulated suppliers (see Part 5 of Schedule 7 ):

e) price-quality regulation, under which the Commission sets a price-quality path for 1 or more regulated suppliers (see Part 6 of Schedule 7 ).

3 Regulation of the following services is dealt with by subparts 9 to 12 :

a) electricity lines services ( subpart 9 ):

b) gas pipeline services ( subpart 10 ):

c) services at certain airports ( subpart 11 ):

d) water services ( subpart 12 and Schedule 7 ).

4 This section is only a guide.

History: Section 52B: inserted, on 14 October 2008, by section 4 of the Commerce Amendment Act 2008 (2008 No 70).   Section 52B(1)(a): amended, on 27 August 2025, by section 9(1) of the Local Government (Water Services) (Repeals and Amendments) Act 2025 (2025 No 43).     Section 52B(2): amended, on 27 August 2025, by section 9(2) of the Local Government (Water Services) (Repeals and Amendments) Act 2025 (2025 No 43).     Section 52B(2A): inserted, on 27 August 2025, by section 9(3) of the Local Government (Water Services) (Repeals and Amendments) Act 2025 (2025 No 43).     Section 52B(3): amended, on 27 August 2025, by section 9(4) of the Local Government (Water Services) (Repeals and Amendments) Act 2025 (2025 No 43).     Section 52B(3)(d): inserted, on 27 August 2025, by section 9(5) of the Local Government (Water Services) (Repeals and Amendments) Act 2025 (2025 No 43).