Commerce Act 1986

Regulated goods or services - Default/customised price-quality regulation - Customised price-quality paths

53S: Preliminary assessment of proposal

You could also call this:

"First check of your business idea to see if it meets the rules"

When you send a proposal to the Commission, they must look at it within 40 working days. They check if your proposal follows the rules mentioned in section 52T(1)(d). If your proposal does not follow these rules, the Commission can either stop looking at it or ask you to fix the problems by giving them more information within 40 working days.

If you do not give the Commission the extra information they ask for, they can stop looking at your proposal. The Commission can also stop looking at your proposal if it does not meet the rules. If they stop looking at your proposal, section 53Q(3) does not apply, and you can send another proposal during the regulatory period, except in the last 12 months before the default price-quality path is due to be reset.

You can make another proposal, but you need to follow the rules and send it at the right time. The Commission will look at your new proposal and check if it follows the rules.

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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=DLM1685626.

Topics:

Business > Industry rules

53R: Effect of making proposal for customised price-quality path, or

"What happens when you ask to set your own prices and quality standards"

53T: Process and timing for assessing proposal, or

"How the Commission checks and decides on a proposal for a custom price plan"

Part 4Regulated goods or services
Default/customised price-quality regulation: Customised price-quality paths

53SPreliminary assessment of proposal

Within 40 working days after receiving a proposal, the Commission must determine whether the proposal complies with the input methodologies referred to in section 52T(1)(d) relating to the process for, and content of, customised price-quality path proposals.
If the proposal does not comply with those requirements, the Commission may, at its discretion,—
discontinue any consideration of the proposal; or
request the supplier to remedy the deficiencies in the proposal by providing additional information within 40 working days.

If the supplier fails to provide any additional information requested by the Commission under subsection (2)(b), the Commission may discontinue any consideration of the proposal.
If a proposal is discontinued under subsection (2) or (3), section 53Q(3) does not apply and the supplier may make another proposal within the regulatory period (except in the 12 months before the default price-quality path is due to be reset).

Notes

Section 53S: inserted, on 14 October 2008, by section 4 of the Commerce Amendment Act 2008 (2008 No 70).