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Commerce Act 1986

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

53Z: Prioritisation by Commission

You could also call this:

"The Commission chooses which proposals to look at first based on how important and urgent they are."

Illustration for Commerce Act 1986

The Commission can only consider up to 4 proposals for customised price-quality paths for the same type of goods or services in one year. If they get more than 4 proposals, they can put the extra ones off until the next year. You need to know that the Commission prioritises the proposals they do consider based on certain criteria.

The Commission decides which proposals to prioritise based on things like how complete the proposal is, how urgently the investment is needed, and how important the proposal is compared to the size of the supplier. They have to follow these criteria when making their decisions.

When the Commission is prioritising, they look at the quality and completeness of the proposal, the urgency of any extra investment needed, and the size of the supplier. This helps them make decisions about which proposals to consider first, as outlined in the Commerce Amendment Act 2008.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM1685633.

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53ZA: What happens if Commission does not make decision within time frame, or

"What happens if the Commission takes too long to make a decision?"

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

53ZPrioritisation by Commission

  1. The Commission is not required to consider any more than 4 proposals for a customised price-quality path relating to the same type of regulated goods or services in any one year.

  2. If the Commission receives more than 4 proposals for a customised price-quality path relating to the same type of regulated goods or services in any one year, the Commission—

  3. may defer the additional proposals to a subsequent year; but
    1. must prioritise its consideration of the proposals in accordance with the criteria in subsection (3).

      1. The criteria for Commission decisions on priorities are as follows:

      2. quality and completeness of the initial proposal:
        1. urgency of any proposed additional investment (compared to historic rates of investment) required to meet consumer requirements on quality:
          1. materiality of the proposal relative to the size and revenues of the supplier.

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