Commerce Act 1986

Regulated goods or services - Input methodologies - Appeals against input methodology determinations

52Z: Appeals against input methodology determinations

You could also call this:

"Challenging a decision about input methodology: how to appeal to the High Court"

If you gave your views on an input methodology determination to the Commission as part of the process under section 52V, and you have a significant interest in the matter, you can appeal to the High Court against the determination. You can appeal if you think the determination is not right. The court will look at your appeal and make a decision.

When the court looks at your appeal, it can do a few things. It can decline your appeal and keep the input methodology the same. It can also allow your appeal by changing the input methodology, getting rid of it and replacing it with a new one, or sending it back to the Commission to make changes. The court will only make changes if it thinks the new input methodology is better at meeting the purpose of this Part, the purpose in section 52R, or both.

If the court allows your appeal, the Commission can ask the court to clarify its decision so it can implement it correctly. You can also appeal the High Court's decision to the Court of Appeal, but only on a point of law, under section 97. This means you can appeal if you think the High Court made a mistake in interpreting the law.

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This page was last updated on 31 August 2025

View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM1685467.

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52Y: Review and date of publication of input methodologies, or

"The law says the Commission must regularly check and update important rules, called input methodologies, every 7 years to make sure they are still working well."

52ZA: Process for appeals, or

"How to appeal a decision to the High Court"

Part 4Regulated goods or services
Input methodologies: Appeals against input methodology determinations

52ZAppeals against input methodology determinations

Any person who gave views on an input methodology determination to the Commission as part of the process under section 52V, and who, in the opinion of the court, has a significant interest in the matter, may appeal to the High Court against the determination.
In this section and section 52ZA, input methodology determination means any of the following:
the initial determination of an input methodology:
any determination by the Commission that amends the input methodology:
any determination by the Commission of an input methodology following a review of the input methodology.

In determining an appeal against an input methodology determination, the court may do any of the following:
decline the appeal and confirm the input methodology set out in the determination:
allow the appeal by—
1. amending the input methodology; or
2. revoking the input methodology and substituting a new one; or
3. referring the input methodology determination back to the Commission with directions as to the particular matters that require amendment.

The court may only exercise its powers under subsection (3)(b) if it is satisfied that the amended or substituted input methodology is (or will be, in the case of subsection (3)(b)(iii)) materially better in meeting the purpose of this Part, the purpose in section 52R, or both.
If the court allows an appeal, the Commission may seek clarification from the court on any matter for the purpose of implementing the court's decision.
There is a right of appeal under section 97 to the Court of Appeal from any decision or order of the High Court under this section on a point of law only.

Notes

Section 52Z: inserted, on 14 October 2008, by section 4 of the Commerce Amendment Act 2008 (2008 No 70).