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Commerce Act 1986

Regulated goods or services - Information disclosure regulation

53F: Limited exception to obligation to apply input methodologies

You could also call this:

"Some suppliers don't have to use certain rules to work out prices and costs, but still have to share information."

Illustration for Commerce Act 1986

If you are a supplier that only has to follow information disclosure rules, you do not have to use certain input methodologies. These include pricing methodologies and methods for working out the cost of capital, as referred to in section 52S. You are exempt from using these methodologies because of this rule.

However, this exemption does not change other parts of this law. The Commission can still use these input methodologies to monitor and analyse information, as stated in section 53B(2). You may also still have to share information about the pricing methodologies and methods for working out the cost of capital that you actually use, as stated in section 53C(2).

This means you have to follow the rules about sharing information, even if you do not have to use certain input methodologies. The Commission's ability to monitor and analyse information is not affected by this exemption.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM1685608.

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Part 4Regulated goods or services
Information disclosure regulation

53FLimited exception to obligation to apply input methodologies

  1. Despite section 52S, suppliers that are subject only to information disclosure regulation do not have to apply the following input methodologies in accordance with that section:

  2. pricing methodologies:
    1. methodologies for evaluating or determining the cost of capital.

      1. However, to avoid doubt, subsection (1) does not affect anything else in this subpart, and in particular does not affect—

      2. section 53B(2) (which means the Commission may use the input methodologies referred to in subsection (1) to monitor and analyse information); and
        1. section 53C(2) (which means that suppliers may still be required to disclose information about the pricing methodologies, and methodologies for evaluation or determining the cost of capital, that they do in fact use).

          Notes
          • Section 53F: inserted, on , by section 4 of the Commerce Amendment Act 2008 (2008 No 70).