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Commerce Act 1986

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

52N: Order in Council imposing regulation

You could also call this:

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

Illustration for Commerce Act 1986

The Governor-General can make an Order in Council to regulate certain goods or services, but only if the Minister recommends it under section 52M. This order must say that the goods or services are regulated and what type of regulation they are subject to. The order can also say which areas of New Zealand it applies to, or what types of goods or services are included.

The order can identify goods or services in different ways, such as where they are supplied, how much of them are supplied, or who supplies them. Any part of the goods or services can be dealt with separately. The order must have an expiry date, which is the date it will no longer be in effect, and this date must be within 20 years of when the order starts.

An order made under this section is called secondary legislation, which means it is a type of law made by the government, and you can learn more about it in Part 3 of the Legislation Act 2019.

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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=DLM1685451.

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52M: Minister's decision and recommendation, or

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

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52O: Revocation or amendment of Order in Council, or

"Changing or cancelling a special government rule called an Order in Council"

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

52NOrder in Council imposing regulation

  1. The Governor-General may, on the recommendation of the Minister made under section 52M, make an Order in Council imposing regulation on particular goods or services.

  2. The order must—

  3. declare that the goods or services are regulated; and
    1. state which type or types of regulation the goods or services are subject to.

      1. The order may identify the goods or services it relates to by reference to goods or (with all necessary modifications) services—

      2. supplied in or for delivery within specified regions, areas, or localities in New Zealand; or
        1. supplied in different quantities, qualities, grades, or classes; or
          1. supplied by or to or for the use of different persons or classes of persons; or
            1. any or all of paragraphs (a) to (c).

              1. Subsection (3) applies so that any part or element of goods or services can be dealt with separately.

              2. The order must include an expiry date, which must be a date not later than 20 years after its date of commencement.

              3. An order under this section is secondary legislation (see Part 3 of the Legislation Act 2019 for publication requirements).

              Notes
              • Section 52N: inserted, on , by section 4 of the Commerce Amendment Act 2008 (2008 No 70).
              • Section 52N(6): replaced, on , by section 3 of the Secondary Legislation Act 2021 (2021 No 7).