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Commerce Act 1986

The Commerce Commission

16: Chairperson may direct Commission to sit in Divisions

You could also call this:

"The boss of the Commerce Commission can divide it into smaller teams to make decisions."

Illustration for Commerce Act 1986

The chairperson of the Commerce Commission can tell the Commission to split into smaller groups, called Divisions. You can think of these Divisions like smaller teams within the Commission. The chairperson decides which members will be in each Division.

When the Commission is split into Divisions, each Division can make decisions on certain matters. The chairperson can choose which member will lead each Division. If the chosen leader is not at a meeting, the other members can pick a new leader for that meeting.

The Commission can still work even if one of the Divisions is missing some members. Each Division can make decisions at the same time as other Divisions. The chairperson can change or cancel their decision to split the Commission into Divisions at any time.

The powers of the Commission are an exception to clause 14 of Schedule 5 of the Crown Entities Act 2004. This means that the Commission can split into Divisions even if it does not follow the usual rules. The chairperson's decision to split the Commission into Divisions is an important one, and it helps the Commission work more efficiently.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM88215.

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"How the Commerce Commission runs its meetings"

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Part 1The Commerce Commission

16Chairperson may direct Commission to sit in Divisions

  1. The chairperson may, by writing signed by him, direct that the powers of the Commission under this Act or any other Act in relation to any matter or class of matter, shall be exercised by separate Divisions of the Commission.

  2. The powers in subsection (1) are an exception to clause 14 of Schedule 5 of the Crown Entities Act 2004.

  3. Each Division shall consist of such members as are for the time being assigned to that Division by the chairperson.

  4. If the members appointed to any Division do not include either the chairperson or the deputy chairperson, the chairperson shall from time to time nominate the member who is to be chairperson of that Division.

  5. In the absence of the member so nominated from any meeting of the Division, the members present shall appoint one of their number to be the chairperson of the Division for the purposes of that meeting.

  6. For the purpose of the determination of a matter or class of matters specified in a direction given under subsection (1), the Commission shall be deemed to consist of the Division of the Commission specified in the direction; and the powers of any such Division shall not be affected by any changes or vacancies in its membership.

  7. A Division of the Commission may exercise powers of the Commission under this Act or any other Act notwithstanding that another Division of the Commission is exercising powers of the Commission at the same time.

  8. Any direction given under subsection (1) may be revoked or amended by the chairperson by writing signed by him.

Notes
  • Section 16 heading: amended, on , by section 200 of the Crown Entities Act 2004 (2004 No 115).
  • Section 16(1): amended, on , by section 200 of the Crown Entities Act 2004 (2004 No 115).
  • Section 16(1): amended, on , by section 5(1) of the Commerce Amendment Act 2004 (2004 No 23).
  • Section 16(1A): inserted, on , by section 200 of the Crown Entities Act 2004 (2004 No 115).
  • Section 16(2): amended, on , by section 200 of the Crown Entities Act 2004 (2004 No 115).
  • Section 16(3): amended, on , by section 200 of the Crown Entities Act 2004 (2004 No 115).
  • Section 16(4): amended, on , by section 200 of the Crown Entities Act 2004 (2004 No 115).
  • Section 16(6): amended, on , by section 5(2) of the Commerce Amendment Act 2004 (2004 No 23).
  • Section 16(7): amended, on , by section 200 of the Crown Entities Act 2004 (2004 No 115).