Plain language law

New Zealand law explained for everyone

Commerce Act 1986

Regulated goods or services - Regulating particular goods or services - Order in Council imposing regulation

52L: Minister's consideration

You could also call this:

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

Illustration for Commerce Act 1986

When the Minister is thinking about regulating some goods or services, you need to know they have to consider what the Commission recommends under section 52K. The Minister will talk to other Ministers, like the Minister of Energy, as part of this process. They can also ask the Commission for more information.

If the Minister wants to regulate the goods or services in a way that is different from what the Commission recommended, they have to ask the Commission for advice on what the rules would look like under section 52P. The Minister's request for advice and the Commission's response must be made public.

When the Commission gets a request for advice, it can talk to people who are interested in the issue or it can reopen its investigation, following the rules in section 52J. The Minister must make sure that any requests for advice and the Commission's responses are available for everyone to see.

This text is automatically generated. It might be out of date or be missing some parts. Find out more about how we do this.

This page was last updated on

View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM1685449.

Topics:
Government and voting > Government departmentsBusiness > Industry rules
Previous

52K: Commission's recommendation following inquiry, or

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

Next

52M: Minister's decision and recommendation, or

"The Minister decides if something should be regulated and recommends how it should be done."

Part 4Regulated goods or services
Regulating particular goods or services: Order in Council imposing regulation

52LMinister's consideration

  1. The Minister must consider any recommendation of the Commission made under section 52K.

  2. As part of that consideration, the Minister—

  3. must consult with the relevant sector Minister (such as the Minister of Energy or the Minister of Transport); and
    1. may request further information or advice from the Commission.

      1. If the Minister proposes, contrary to the recommendation of the Commission, that the goods or services should be regulated, or that they should be subject to a type of regulation not recommended by the Commission, the Minister must ask the Commission for written advice on what the material provisions of the relevant section 52P determination would be likely to be if the goods or services were subject to the type or types of regulation proposed by the Minister.

      2. Any request by the Minister under subsection (3), and the Commission's advice given following that request, must be made publicly available.

      3. If the Commission receives a request under subsection (3), it may, at its discretion,—

      4. consult with interested parties; or
        1. reopen its inquiry, in which case section 52J applies with all necessary modifications.

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