Commerce Act 1986

Miscellaneous provisions - Assistance to overseas regulators

99H: Procedures relating to co-operation arrangements

You could also call this:

"Rules for working together with overseas regulators"

Illustration for Commerce Act 1986

When you enter into a co-operation arrangement, it must be written down and signed. You need to sign it if you are the Minister or the person in charge of the overseas regulator. If it is a regulator-to-regulator arrangement, the chairperson of the Commission and the person in charge of the overseas regulator must sign it, as stated in section 99E and section 99F.

If you enter into a co-operation arrangement, you must publish a notice in the Gazette within 15 working days. The notice must say that the arrangement has been entered into, who the overseas regulator is, who the parties are, and when it starts. You must also put a copy of the arrangement on the Commission's website and keep it there while it is in force.

If you change a co-operation arrangement, you must follow the same rules as when you first entered into it.

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99G: Content of co-operation arrangements, or

"What co-operation arrangements with other countries must include"


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99I: Providing compulsorily acquired information and investigative assistance, or

"Helping overseas regulators with information and investigations while protecting New Zealand's interests"

Part 7Miscellaneous provisions
Assistance to overseas regulators

99HProcedures relating to co-operation arrangements

  1. Every co-operation arrangement must be in writing and be signed by,—

  2. in the case of a government-to-government co-operation arrangement entered into under section 99E, the Minister and the person occupying, with respect to the overseas regulator, an equivalent position to that of the Minister, or any other person that the relevant government or governing body considers appropriate:
    1. in the case of a regulator-to-regulator co-operation arrangement entered into under section 99F, the chairperson of the Commission and the person occupying the equivalent position in relation to the overseas regulator.
      1. No later than 15 working days after a co-operation arrangement is entered into,—

      2. the Minister or the Commission, as appropriate, must publish a notice in the Gazette that—
        1. states that the arrangement has been entered into; and
          1. identifies the overseas regulator concerned; and
            1. identifies the parties to the arrangement; and
              1. states when the arrangement comes into effect; and
              2. the Commission must publish a copy of the co-operation arrangement on its Internet site, and must keep it there while the arrangement continues in force.
                1. Subsections (1) and (2) apply with all necessary modifications to every amendment to a co-operation arrangement.

                Notes
                • Section 99H: inserted, on , by section 5 of the Commerce (International Co-operation, and Fees) Amendment Act 2012 (2012 No 84).