New Zealand Acts

COMMERCE ACT 1986 - SECT 52K

52K Commission's recommendation following inquiry

1 At the end of an inquiry, having considered the matters in section 52I , the Commission must make a recommendation to the Minister on whether, in its opinion, the goods or services should be regulated.

2 If the recommendation is that particular goods or services should be regulated, the recommendation must state the following:

a) how the goods or services should be specified:

b) which type or types of regulation should apply to the goods or services:

c) what input methodologies apply:

d) if information disclosure regulation is recommended, the material provisions of the information disclosure requirements:

e) if negotiate/arbitrate regulation is recommended, the material provisions of the negotiation process and arbitration process:

f) if default/customised price-quality regulation is recommended, the default price path and quality standards:

g) if individual price-quality regulation is recommended, the material provisions to apply.

3 The Minister must publish the Commission’s recommendation, and may do so in whatever way he or she considers appropriate.

4 To avoid doubt, a recommendation by the Commission is not a determination of the Commission.

History: Section 52K: inserted, on 14 October 2008, by section 4 of the Commerce Amendment Act 2008 (2008 No 70).