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Commerce Act 1986

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

52M: Minister's decision and recommendation

You could also call this:

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

Illustration for Commerce Act 1986

The Minister looks at the Commission's recommendation, as stated in section 52L, and any advice they got. You see the Minister has to decide if goods or services should be regulated. The Minister also decides what type of regulation to use if they choose to regulate. If the Minister decides to regulate, they make a recommendation about it.

The Minister's decision can be the same as or different from the Commission's recommendation, which is stated in section 52K. You need to know the Minister's decision is important.

If the Minister's decision is different from the Commission's recommendation, the Minister explains why they made that decision and makes it public.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM1685450.

Topics:
Government and voting > Government departments
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52L: Minister's consideration, or

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

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52N: Order in Council imposing regulation, or

"The Governor-General can create a special rule to control certain goods or services in New Zealand."

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

52MMinister's decision and recommendation

  1. Having considered the Commission’s recommendation in accordance with section 52L and any advice given following a request under section 52L(3), the Minister must—

  2. decide whether, in the opinion of the Minister, the goods or services should be regulated; and
    1. if the goods or services are to be regulated, decide which type or types of regulation are to apply; and
      1. make a recommendation to that effect, if the goods or services are to be regulated.

        1. The Minister's decision may be the same as, or different from, the Commission’s recommendation under section 52K.

        2. If the Minister's decision is different from the Commission's recommendation, the Minister must set out the reasons for the decision and make the decision, with the reasons, publicly available.

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