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Commerce Act 1986

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

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

You could also call this:

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

Illustration for Commerce Act 1986

If the Commission does not make a decision within 150 working days of getting a complete proposal, or within a longer time they agreed on under section 53U, this section applies to you. You will know what happens next based on whether you gave the Commission the information they needed. The Commission has the power to ask for information under section 53ZD or section 98, and if you did not comply, the default rules stay in place.

If you did give the Commission the information they needed, your customised proposal takes effect after the time period is over. This proposal was made under section 53Q. The Commission must then update the rules to include your customised price-quality path, which is part of the section 52P determination. They have to do this right away if your customised proposal takes effect.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM1685634.

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

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53ZB: What happens to price-quality paths if input methodologies change, or

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

53ZAWhat happens if Commission does not make decision within time frame

  1. This section applies if the Commission does not make a determination within 150 working days of receiving a complete proposal (or within any extended time agreed under section 53U).

  2. If the regulated supplier has not complied, in the Commission’s opinion, with any reasonable exercise by the Commission of its information-gathering powers under section 53ZD or 98, the default price-quality path continues in effect at the close of that period, and the Commission must notify the supplier accordingly.

  3. If the regulated supplier has so complied, the customised proposal made under section 53Q takes effect at the close of that period.

  4. If a customised price-quality path proposal takes effect under subsection (3), the Commission must immediately prepare an amendment to the relevant section 52P determination, setting out the customised price-quality path applying to the supplier.

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