New Zealand Acts

COMMERCE ACT 1986 - SECT 57U

57U Commission may grant exemption to local authority

1 The Commission may make a determination that exempts a local authority from compliance with any provision or provisions of this subpart in respect of 1 or more water services if the Commission is satisfied that—

a) the costs of complying with the provision or provisions outweigh the benefits; and

b) the extent of the exemption is not broader than is reasonably necessary to address the matters that gave rise to the exemption.

2 The Commission may make the determination after receiving an application from a local authority or on its own initiative.

3 The Commission may grant the exemption on the terms and conditions (if any) that it thinks fit.

4 The Commission’s reasons for making the determination (including why the exemption is appropriate) must be published together with the determination.

5 A determination made under this section may continue in force for not more than 20 years (and at the close of the date that is 20 years after the determination first comes into force, the determination must be treated as having been revoked unless it is sooner revoked).

6 A determination made under this section is secondary legislation (see Part 3 of the Legislation Act 2019 for publication requirements).

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