New Zealand Acts

COMMERCE ACT 1986 - SECT 53V

53V Determination setting customised price-quality path

1 The Commission may determine any customised price-quality path that the Commission considers appropriate for a supplier that has made a proposal.

2 To avoid doubt, and without limitation, in determining a customised price-quality path that complies with section 53M the Commission may do any of the following:

a) set a price-quality path that is lower, or otherwise less favourable to the regulated supplier, than the default price-quality path that would otherwise apply:

b) if it sets a lower or a higher price than applied under the default price-quality path, apply claw-back:

c) with the agreement of the supplier, vary an input methodology that would otherwise apply to the supplier.

3 A customised price-quality path for a supplier is imposed by way of an amendment to the section 52P determination relating to the default/customised price-quality regulation applying to the supplier.

History: Section 53V: inserted, on 14 October 2008, by section 4 of the Commerce Amendment Act 2008 (2008 No 70).