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Commerce Act 1986

The Commerce Commission

9: Membership of Commission

You could also call this:

"Who can be on the Commerce Commission team?"

Illustration for Commerce Act 1986

The Commerce Commission must have between 4 and 8 members. You can also have associate members appointed under section 11(1).

The Governor-General appoints some members, and at least one of them must be a lawyer with at least 5 years of experience. The Governor-General also appoints a Telecommunications Commissioner under section 9 of the Telecommunications Act 2001, and a Grocery Commissioner under section 167 of the Grocery Industry Competition Act 2023.

When the Minister recommends someone to be a member, they must think the person is qualified because of their knowledge or experience in areas like industry, commerce, or law. If the person is a lawyer, the Minister must first talk to the Attorney-General. This does not limit what section 29 of the Crown Entities Act 2004 says.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM87976.

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8A: Application of Crown Entities Act 2004, or

"Rules for the Commerce Commission from the Crown Entities Act 2004"

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10: Terms and conditions of appointment, or

"Rules for appointing Commerce Commission members and what they get"

Part 1The Commerce Commission

9Membership of Commission

  1. The Commission must have no less than 4, and no more than 8, members appointed in accordance with this section, and may also have associate members appointed under section 11(1).

  2. No less than 3, and no more than 7, of the members, of whom at least 1 must be a barrister and solicitor of at least 5 years' standing, must be appointed by the Governor-General in accordance with section 28(1)(b) of the Crown Entities Act 2004.

  3. One of the members must be appointed by the Governor-General as Telecommunications Commissioner under section 9 of the Telecommunications Act 2001.

  4. One of the members must be appointed by the Governor-General as Grocery Commissioner under section 167 of the Grocery Industry Competition Act 2023.

  5. Repealed

  6. The Minister must not recommend a person for appointment as a member under subsection (2) unless,—

  7. in the opinion of the Minister, that person is qualified for appointment, having regard to the functions of the Commission, by virtue of that person's knowledge of or experience in industry, commerce, economics, law, accountancy, public administration, or consumer affairs; and
    1. in the case of a member who is a barrister or solicitor, the Minister has first consulted with the Attorney-General.

      1. Subsections (2) and (4) do not limit section 29 of the Crown Entities Act 2004.

      Notes
      • Section 9: substituted, on , by section 200 of the Crown Entities Act 2004 (2004 No 115).
      • Section 9(1): amended, on , by section 8(1) of the Commerce Amendment Act 2022 (2022 No 11).
      • Section 9(2): amended, on , by section 8(2) of the Commerce Amendment Act 2022 (2022 No 11).
      • Section 9(3A): inserted, on , by section 201 of the Grocery Industry Competition Act 2023 (2023 No 31).
      • Section 9(3B): repealed, on , by section 12(1) of the Water Services Acts Repeal Act 2024 (2024 No 2).