New Zealand Acts

COMMERCE ACT 1986 - SECT 52Z

52Z Appeals against input methodology determinations

1 Any person who gave views on an input methodology determination to the Commission as part of the process under section 52V , and who, in the opinion of the court, has a significant interest in the matter, may appeal to the High Court against the determination.

2 In this section and section 52ZA ,
"input methodology determination" means any of the following:

a) the initial determination of an input methodology:

b) any determination by the Commission that amends the input methodology:

c) any determination by the Commission of an input methodology following a review of the input methodology.

3 In determining an appeal against an input methodology determination, the court may do any of the following:

a) decline the appeal and confirm the input methodology set out in the determination:

b) allow the appeal by—

i) amending the input methodology; or

ii) revoking the input methodology and substituting a new one; or

iii) referring the input methodology determination back to the Commission with directions as to the particular matters that require amendment.

4 The court may only exercise its powers under subsection (3)(b) if it is satisfied that the amended or substituted input methodology is (or will be, in the case of subsection (3)(b)(iii)) materially better in meeting the purpose of this Part, the purpose in section 52R , or both.

5 If the court allows an appeal, the Commission may seek clarification from the court on any matter for the purpose of implementing the court's decision.

6 There is a right of appeal under section 97 to the Court of Appeal from any decision or order of the High Court under this section on a point of law only.

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