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Commerce Act 1986

Regulated goods or services - Miscellaneous provisions

53ZD: Powers of Commission under this Part

You could also call this:

"What powers the Commerce Commission has to check businesses are fair and follow the rules."

Illustration for Commerce Act 1986

The Commission has some powers to help it do its job. You can think of the Commission like a group of people who make sure businesses are fair and follow the rules. The Commission can talk to people who might be able to help it. It can also look into how well businesses are supplying goods or services.

The Commission can check how businesses are applying certain rules or formulas to decide prices or quality standards. It can also see if businesses are meeting quality standards. You might be wondering what the Commission can do to get the information it needs.

The Commission can ask businesses to give it information or documents, and it can also ask them to answer questions. It can even ask for an expert opinion from someone who is qualified to give one. The Commission has to follow some rules when it does these things, like giving businesses notice in writing and telling them when and where to provide the information.

If the Commission is investigating something, it can look at things that have happened in the past seven years. It can also look at things like how much money a business is making or how it is valuing its assets. The Commission can use the information it gets to help it make decisions about businesses and whether they are following the rules.

In some cases, the Commission might do an inquiry, which is like an investigation. It can do this on its own or as part of a bigger process. The Commission can use the results of an inquiry to help it make decisions about businesses. You can read more about how the Commission does inquiries in sections 56F to 56H.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM1685640.

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Business > Fair tradingBusiness > Industry rules
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Part 4Regulated goods or services
Miscellaneous provisions

53ZDPowers of Commission under this Part

  1. For the purpose of carrying out its functions and exercising its powers under this Part, the Commission may, in addition to exercising its powers under section 98, do any of the following:

  2. consult with any person the Commission considers may assist it:
    1. investigate any of the following:
      1. how effectively and efficiently any supplier of the goods or services is supplying the goods or services:
        1. how any formula, methodology, or price-quality path being considered by the Commission may be applied, or how any formula, methodology, or price-quality provision determined or authorised by the Commission has been applied, in considering proposed prices or quality standards:
          1. how any conditions relating to the quality of the goods or services may be, or are being, fulfilled:
          2. examine, consider, or investigate any activity, cost, revenue, transfer, asset valuation, circumstance, or event that is occurring or that has occurred during the previous 7 years:
            1. by notice in writing, require any supplier of the goods or services—
              1. to prepare and produce forecasts, forward plans, or other information; and
                1. to apply any methodology specified by the Commission in the preparation of forecasts, forward plans, or other information:
                2. by notice in writing, require any supplier of the goods or services, or any previous supplier of them that the Commission has reason to believe may have information or documents relevant to the investigation, audit, or inquiry, at the time and place specified in the notice, to do either or both of the following:
                  1. produce or supply to the Commission documents and information in relation to the goods or services, or the prices or operations of the person in respect of the goods or services:
                    1. to answer any questions about any matter that the Commission has reason to believe may be relevant to the investigation, audit, or inquiry:
                    2. by notice in writing, require any supplier of the goods or services, at the time and place specified in the notice, to produce or supply to the Commission an expert opinion from an appropriately qualified person, or from a member of a class of appropriately qualified persons, as determined by the Commission in relation to the matters in paragraph (b), (c), (d), or (e)(i).

                      1. In subsection (1)(e), inquiry also means an inquiry carried out in accordance with sections 56F to 56H.

                      Notes
                      • Section 53ZD: inserted, on , by section 4 of the Commerce Amendment Act 2008 (2008 No 70).
                      • Section 53ZD(2): inserted, on , by section 9 of the Commerce Amendment Act 2018 (2018 No 42).