New Zealand Acts

COMMERCE ACT 1986 - SECT 52P

52P Determinations by Commission under this section

1 The Commission must make determinations under this section specifying how the relevant forms of regulation apply to suppliers of regulated goods or services.

2 Determinations must be made,—

a) in the case of goods or services declared to be regulated by an Order in Council under section 52N , as soon as practicable after the Order in Council is made; and

b) in the case of goods or services declared to be regulated under subparts 9 and 10 , in accordance with sections 54I, 54J, 54K, and 55E ; and

c) in the case of regulation being imposed on specified airport services under section 56K , in accordance with section 56L ; and

d) in the case of regulation being imposed on water services under subpart 12 , in accordance with section 57N .

3 Determinations must—

a) set out, for each type of regulation to which the goods or services are subject, the requirements that apply to each regulated supplier; and

b) set out any time frames (including the regulatory periods) that must be met or that apply; and

c) specify the input methodologies that apply; and

d) be consistent with this Part.

4 It is not necessary for a single determination to address all matters relating to particular regulated goods or services, or to a supplier of regulated goods or services, and different parts of any determination may come into effect at different times.

5 If a determination under this section is made following an inquiry and a recommendation under section 52K , the requirements referred to in subsection (3)(a) must not differ in any material respect from the recommendation, or (if applicable) from any advice given to the Minister under section 52L(3) .

6 A determination under this section may require a supplier to comply with the requirements set out in any other determination that has been made under this section in respect of regulated goods or services of the same type.

7 The Commission must, as soon as practicable after making a determination under this section, give to each supplier to whom the determination relates notice of the determination and where it is available.

8 Each supplier to whom the determination relates must comply with the requirements imposed by the determination.

8A See sections 57N to 57Q and Schedule 7 , which provide for additional matters relating to determinations under this section that specify how regulation applies to suppliers of water services.

9 A determination under this section and an amendment to a determination are secondary legislation (see Part 3 of the Legislation Act 2019 for publication requirements).

History: Section 52P: inserted, on 14 October 2008, by section 4 of the Commerce Amendment Act 2008 (2008 No 70).   Section 52P(2)(b): amended, on 26 October 2018, by section 6(1)(a) of the Commerce Amendment Act 2018 (2018 No 42).     Section 52P(2)(b): amended, on 26 October 2018, by section 6(1)(b) of the Commerce Amendment Act 2018 (2018 No 42).     Section 52P(2)(c): inserted, on 26 October 2018, by section 6(2) of the Commerce Amendment Act 2018 (2018 No 42).     Section 52P(2)(d): inserted, on 27 August 2025, by section 12(1) of the Local Government (Water Services) (Repeals and Amendments) Act 2025 (2025 No 43).     Section 52P(7): replaced, on 28 October 2021, by section 3 of the Secondary Legislation Act 2021 (2021 No 7).     Section 52P(8A): inserted, on 27 August 2025, by section 12(2) of the Local Government (Water Services) (Repeals and Amendments) Act 2025 (2025 No 43).     Section 52P(9): replaced, on 28 October 2021, by section 3 of the Secondary Legislation Act 2021 (2021 No 7).