Commerce Act 1986

Regulated goods or services - Regulating particular goods or services - Commission inquiry

52K: Commission's recommendation following inquiry

You could also call this:

"The Commission tells the Minister what rules should apply to goods and services after investigating."

Illustration for Commerce Act 1986

When the Commission finishes an inquiry, it must tell the Minister if it thinks some goods or services should be regulated. The Commission makes this decision after considering the things mentioned in section 52I. You can think of regulation like rules that help keep things fair for everyone.

If the Commission recommends regulation, it must say how the goods or services should be described, what type of regulation should apply, and what rules should be followed. The Commission might also recommend things like how information should be shared, how prices and quality should be decided, or how disputes should be resolved.

The Minister then makes the Commission's recommendation public, and they can do this in any way they think is suitable. It's worth noting that the Commission's recommendation is not the same as a final decision - it's just a suggestion to the Minister.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM1685447.


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52J: Process of inquiry, or

"How the Commission investigates and gathers ideas from people to make a decision"


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52L: Minister's consideration, or

"The Minister thinks carefully about new rules with help from others, following a fair process."

Part 4Regulated goods or services
Regulating particular goods or services: Commission inquiry

52KCommission's recommendation following inquiry

  1. At the end of an inquiry, having considered the matters in section 52I, the Commission must make a recommendation to the Minister on whether, in its opinion, the goods or services should be regulated.

  2. If the recommendation is that particular goods or services should be regulated, the recommendation must state the following:

  3. how the goods or services should be specified:
    1. which type or types of regulation should apply to the goods or services:
      1. what input methodologies apply:
        1. if information disclosure regulation is recommended, the material provisions of the information disclosure requirements:
          1. if negotiate/arbitrate regulation is recommended, the material provisions of the negotiation process and arbitration process:
            1. if default/customised price-quality regulation is recommended, the default price path and quality standards:
              1. if individual price-quality regulation is recommended, the material provisions to apply.
                1. The Minister must publish the Commission’s recommendation, and may do so in whatever way he or she considers appropriate.

                2. To avoid doubt, a recommendation by the Commission is not a determination of the Commission.

                Notes
                • Section 52K: inserted, on , by section 4 of the Commerce Amendment Act 2008 (2008 No 70).