New Zealand Acts

COMMERCE ACT 1986 - SECT 57H

57H Process for Commission’s recommendation

1 Before making a recommendation under section 57G , the Commission must—

a) consider the following matters:

i) whether imposing (or removing suppliers from) the regulation would better promote the purpose of this Part:

ii) the nature of the water services delivery structure (to the extent that the Commission considers relevant):

iii) whether revenue threshold regulation applies to the relevant water services and, if so, the extent of regulated suppliers’ performance against each revenue threshold that applies:

iv) any other matters the Commission considers relevant; and

b) consult interested parties (but see section 57M ).

2 For the purposes of subsection (1)(a)(ii), the nature of the water services delivery structure may include any of the following (to the extent that the Commission considers those matters are relevant):

a) the types of water services being supplied:

b) the location of the suppliers:

c) the size of the suppliers:

d) the governance arrangements of the suppliers:

e) the type of delivery model adopted under subpart 1 of Part 2 of the Local Government (Water Services) Act 2025 .

3 If the Commission recommends to the Minister that 1 or more suppliers be subject to 1 or more types of regulation, the recommendation must—

a) describe each supplier that is the subject of the recommendation; and

b) describe the water services provided by the supplier that the Commission considers should be regulated; and

c) specify the 1 or more types of regulation that the Commission considers the supplier should be subject to and when the relevant section 52P determinations should apply.

4 Subsection (3) applies with all necessary modifications to a recommendation that 1 or more suppliers should no longer be subject to 1 or more types of regulation.

History: Section 57H: inserted, on 27 August 2025, by section 14 of the Local Government (Water Services) (Repeals and Amendments) Act 2025 (2025 No 43).