Commerce Act 1986

The Commerce Commission

11: Associate members

You could also call this:

"The Minister can choose someone to help the Commerce Commission with specific tasks for a limited time."

The Minister can appoint someone to be an associate member of the Commerce Commission. You are appointed for a specific matter or group of matters and for a certain time, up to 5 years. The Minister will say what these matters are and how long you are appointed for in your notice of appointment.

As an associate member, you are like a regular member of the Commission when it comes to doing tasks or making decisions under the Commerce Act or any other Act. But you can only attend and vote at meetings that are about the matters you were appointed for. This includes meetings about things that are related to those matters.

You can only be appointed for matters that the Commission deals with independently, as stated in section 8(2). You cannot be the chairperson, deputy chairperson, or temporary deputy chairperson, as stated in clause 5 of Schedule 5 of the Crown Entities Act 2004. This is also despite what section 28(1)(b) of the Crown Entities Act 2004 says.

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This page was last updated on 31 August 2025

View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM87987.

Topics:

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10: Terms and conditions of appointment, or

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

12: Chairperson and deputy chairperson, or

"The leader and second-in-charge of the group are chosen by the Governor-General."

Part 1The Commerce Commission

11Associate members

The Minister may from time to time appoint any person to be an associate member of the Commission.
Subsection (1) applies despite section 28(1)(b) of the Crown Entities Act 2004.
An associate member shall be appointed only in relation to a matter or a class of matters to be specified in that member's notice of appointment, and for such period, not exceeding 5 years, as is specified in that notice.
Subject to subsection (4), an associate member shall be deemed to be a member of the Commission for the purposes of the performance or exercise of any function, duty, or power of a member of the Commission under this Act or any other Act; and except where this section or the context otherwise requires, a reference in this Act or in any other Act to a member of the Commission must be construed as including a reference to an associate member.
An associate member may attend and vote only at a meeting of the Commission relating to the matter or class of matters specified in that member's notice of appointment (including a meeting relating to matters incidental to the matter or class of matters so specified).
An associate member may only be appointed in relation to a matter or class of matters arising under an Act under which the Commission is required to act independently under section 8(2).
An associate member may not be appointed as chairperson, deputy chairperson, or a temporary deputy chairperson under clause 5 of Schedule 5 of the Crown Entities Act 2004.

Notes

Section 11(1A): inserted, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115).
Section 11(2): amended, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115).
Section 11(3): amended, on 15 April 2004, by section 3(1)(a) of the Commerce Amendment Act 2004 (2004 No 23).
Section 11(3): amended, on 15 April 2004, by section 3(1)(b) of the Commerce Amendment Act 2004 (2004 No 23).
Section 11(4): amended, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115).
Section 11(5): added, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115).
Section 11(6): added, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115).