Commerce Act 1986

Regulated goods or services - Regulating particular goods or services - Commission determination about how regulation applies

52P: Determinations by Commission under this section

You could also call this:

"The Commission makes rules for people who supply goods or services and you must follow them."

The Commission has to make decisions about how rules apply to people who supply certain goods or services. You need to know that these decisions are made in different ways depending on the type of goods or services. The Commission must follow certain rules when making these decisions.

The Commission's decisions must say what rules apply to each supplier and when they must follow these rules. You will be told what the Commission decides and when you must follow the rules. The Commission's decisions are like laws that you must follow.

If the Commission makes a decision after asking for advice, the decision must be similar to the advice given. The Commission can also say that you must follow rules from another decision that applies to similar goods or services. When the Commission makes a decision, it must tell you about it and where you can find the decision.

You must follow the rules in the Commission's decision. The Commission's decisions are a type of law, and there are rules about how they are published, which you can find in Part 3 of the Legislation Act 2019.

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This page was last updated on 10 September 2025

View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM1685455.

Topics:

Money and consumer rights > Consumer protectionBusiness > Industry rulesBusiness > Fair trading

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

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

52Q: Amendment of section 52P determination, or

"Changing a big decision about prices and services needs feedback from interested people first"

Part 4Regulated goods or services
Regulating particular goods or services: Commission determination about how regulation applies

52PDeterminations by Commission under this section

The Commission must make determinations under this section specifying how the relevant forms of regulation apply to suppliers of regulated goods or services.
Determinations must be made,—
in the case of goods or services declared to be regulated by an Order in Council under section 52N, as soon as practicable after the Order in Council is made; and
in the case of goods or services declared to be regulated under subparts 9 and 10, in accordance with sections 54I, 54J, 54K, and 55E; and
in the case of regulation being imposed on specified airport services under section 56K, in accordance with section 56L; and
in the case of regulation being imposed on water services under subpart 12, in accordance with section 57N.

Determinations must—
set out, for each type of regulation to which the goods or services are subject, the requirements that apply to each regulated supplier; and
set out any time frames (including the regulatory periods) that must be met or that apply; and
specify the input methodologies that apply; and
be consistent with this Part.

It is not necessary for a single determination to address all matters relating to particular regulated goods or services, or to a supplier of regulated goods or services, and different parts of any determination may come into effect at different times.
If a determination under this section is made following an inquiry and a recommendation under section 52K, the requirements referred to in subsection (3)(a) must not differ in any material respect from the recommendation, or (if applicable) from any advice given to the Minister under section 52L(3).
A determination under this section may require a supplier to comply with the requirements set out in any other determination that has been made under this section in respect of regulated goods or services of the same type.
The Commission must, as soon as practicable after making a determination under this section, give to each supplier to whom the determination relates notice of the determination and where it is available.
Each supplier to whom the determination relates must comply with the requirements imposed by the determination.
See sections 57N to 57Q and Schedule 7, which provide for additional matters relating to determinations under this section that specify how regulation applies to suppliers of water services.
A determination under this section and an amendment to a determination are secondary legislation (see Part 3 of the Legislation Act 2019 for publication requirements).

Notes

Section 52P: inserted, on 14 October 2008, by section 4 of the Commerce Amendment Act 2008 (2008 No 70).
Section 52P(2)(b): amended, on 26 October 2018, by section 6(1)(a) of the Commerce Amendment Act 2018 (2018 No 42).
Section 52P(2)(b): amended, on 26 October 2018, by section 6(1)(b) of the Commerce Amendment Act 2018 (2018 No 42).
Section 52P(2)(c): inserted, on 26 October 2018, by section 6(2) of the Commerce Amendment Act 2018 (2018 No 42).
Section 52P(2)(d): inserted, on 27 August 2025, by section 12(1) of the Local Government (Water Services) (Repeals and Amendments) Act 2025 (2025 No 43).
Section 52P(7): replaced, on 28 October 2021, by section 3 of the Secondary Legislation Act 2021 (2021 No 7).
Section 52P(8A): inserted, on 27 August 2025, by section 12(2) of the Local Government (Water Services) (Repeals and Amendments) Act 2025 (2025 No 43).
Section 52P(9): replaced, on 28 October 2021, by section 3 of the Secondary Legislation Act 2021 (2021 No 7).