Commerce Act 1986

The Commerce Commission

13: Termination of appointment of members

You could also call this:

"When someone's job on the Commerce Commission ends"

The Governor-General can remove a member of the Commerce Commission from their job under section 39 of the Crown Entities Act 2004. You need to know that the Minister can also remove an associate member from their job for the same reasons. The Minister does this in the same way as the Governor-General removes a member, which is under section 39 of the Crown Entities Act 2004.

If your term as a member of the Commerce Commission has ended or you have resigned, you are still considered a member for some purposes. This includes finishing any work you started before your term ended or you resigned, and reconsidering a matter if a court tells you to, which can happen under Part 6. You are considered a member for these purposes even if section 39(1) of the Crown Entities Act 2004 says something different.

If you are a former member who is still considered a member for some purposes, you are not counted as a member when working out how many members are on the Commerce Commission under section 9(1) or (2). This is despite what sections 32(3) and 45 of the Crown Entities Act 2004 say.

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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=DLM87997.

Topics:

Government and voting > Government departments

12: Chairperson and deputy chairperson, or

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

14: Disclosure of financial interests, or

"Telling people about your money interests: a rule that is no longer used"

Part 1The Commerce Commission

13Termination of appointment of members

The Governor-General may remove any member of the Commission appointed by the Governor-General from office under section 39 of the Crown Entities Act 2004.
The Minister may remove any associate member from office on the same grounds and in the same manner as the Governor-General may remove a member under section 39 of the Crown Entities Act 2004.
Subsection (2) applies despite section 39(1) of the Crown Entities Act 2004.
Notwithstanding that the term of office of a member has expired or that a member has resigned that office, that person shall be deemed to continue as a member for the purpose of—
completing the determination of any matter before that person, as a member, which was commenced before the expiration of the term of office or before the resignation took effect, as the case may be:
giving reconsideration to any matter following a direction of the court under Part 6.

Subsection (4) applies despite sections 32(3) and 45 of the Crown Entities Act 2004.
To avoid doubt, a former member who is deemed to continue as a member under subsection (4) is not a member for the purposes of determining the number of members under section 9(1) or (2).

Notes

Section 13(1): substituted, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115).
Section 13(2): substituted, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115).
Section 13(3): substituted, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115).
Section 13(5): added, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115).
Section 13(6): inserted, on 5 May 2022, by section 9 of the Commerce Amendment Act 2022 (2022 No 11).