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Commerce Act 1986

Regulated goods or services - Negotiate/arbitrate regulation

53H: Overview of negotiate/arbitrate regulation

You could also call this:

"Rules for talking and agreeing on prices and quality with others when supplying goods or services"

Illustration for Commerce Act 1986

If you are a regulated supplier, you must follow some rules. You have to talk to other parties to agree on prices and quality standards for goods or services. The Commission tells you who to talk to and what to discuss. You have to try to reach an agreement within a certain time frame set by the Commission. If you cannot agree, you have to go to arbitration, which means a neutral person makes a decision for you.

The Commission decides how the arbitration works, and the decision is final unless you agree to change it. The Commission's decision is binding, which means you have to follow it. This is how the negotiate/arbitrate regulation process works for regulated goods or services.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM1685611.

Topics:
Business > Industry rulesBusiness > Fair trading
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53G: Purpose of negotiate/arbitrate regulation, or

"Helping suppliers and customers agree on prices and standards"

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53I: Section 52P determination to set out requirements for application of negotiate/arbitrate regulation, or

"Rules for negotiating and arbitrating disputes about regulated goods and services"

Part 4Regulated goods or services
Negotiate/arbitrate regulation

53HOverview of negotiate/arbitrate regulation

  1. If a regulated supplier is subject to negotiate/arbitrate regulation,—

  2. the supplier must enter into negotiations with parties identified by the Commission in order to reach agreement on the matters identified by the Commission (being the prices and quality standards associated with regulated goods or services) that will apply for the regulatory period specified by the Commission; and
    1. if the negotiations fail to reach a settlement of all the matters within the time frames set by the Commission, the parties must enter into arbitration to resolve the outstanding matters; and
      1. the terms of the arbitration are set by the Commission, and the arbitral award is binding on the parties unless or until they agree to vary it.

        1. This section is only a guide.

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