New Zealand Acts

COMMERCE ACT 1986 - SECT 62

62 Commission to prepare draft determination in relation to restrictive trade practices

1 Before determining an application for an authorisation under section 58 , the Commission shall prepare a draft determination in relation to the application.

2 The Commission shall send a copy of the draft determination and a summary of the reasons therefor to—

a) the applicant:

b) any person to whom a notice has been given pursuant to section 60(2)(c) :

c) any person who has given a notice pursuant to section 60(3) and who in the opinion of the Commission has such an interest in the application as to justify the Commission sending a copy of the draft determination to that person:

d) any other person who in the opinion of the Commission may assist the Commission in its determination of the application.

3

4

5

6 Before determining the application, the Commission may determine to hold a conference and, if so, must appoint a date, time, and place for the holding of the conference and give notice of the date, time, and place so appointed to each of the persons to whom the draft determination was sent under subsection (2).

7 Where the Commission is of the opinion that 2 or more applications for authorisations that are made by the same person, or by bodies corporate that are interconnected with each other, involve the same or substantially similar issues, the Commission may treat the applications as if they constitute a single application, and may prepare a single draft determination in relation to the applications and, if appropriate, hold a single conference in relation to that draft determination.

Note: Trade Practices Act 1974 s 90A(1), (2), (5), (6), (13) (Aust)

History: Section 62(3): repealed, on 15 August 2017, by section 16(1) of the Commerce (Cartels and Other Matters) Amendment Act 2017 (2017 No 40).   Section 62(4): repealed, on 15 August 2017, by section 16(1) of the Commerce (Cartels and Other Matters) Amendment Act 2017 (2017 No 40).     Section 62(5): repealed, on 15 August 2017, by section 16(1) of the Commerce (Cartels and Other Matters) Amendment Act 2017 (2017 No 40).     Section 62(6): substituted, on 14 October 2008 (applying in respect of every application for an authorisation under section 58 that is made after that date), by section 6(1) of the Commerce Amendment Act 2008 (2008 No 70).     Section 62(6): amended, on 15 August 2017, by section 16(2) of the Commerce (Cartels and Other Matters) Amendment Act 2017 (2017 No 40).     Section 62(7): amended, on 15 August 2017, by section 16(3) of the Commerce (Cartels and Other Matters) Amendment Act 2017 (2017 No 40).