Commerce Act 1986

Regulated goods or services - Input methodologies - Appeals against input methodology determinations

53: Input methodology applies pending outcome of appeal

You could also call this:

"You must follow the input methodology rules while an appeal is happening."

Illustration for Commerce Act 1986

If you are waiting for an appeal about an input methodology, the rules in section 52S still apply. You have to follow these rules until the appeal is finally decided. The High Court cannot stop these rules from being used while the appeal is happening, and they apply to every input methodology published as referred to in section 52W. You must keep following the rules in section 52S for every input methodology published as referred to in section 52W until the appeal is finally decided. The court's decision to not stop the rules does not change this, so you still have to follow section 52S until the appeal is finished.

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This page was last updated on

View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM88438.


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Part 4Regulated goods or services
Input methodologies: Appeals against input methodology determinations

53Input methodology applies pending outcome of appeal

  1. The High Court may not stay the application of section 52S with respect to any input methodology published as referred to in section 52W until any appeal against it is finally determined.

  2. Section 52S continues to apply with respect to every input methodology published as referred to in section 52W until any appeal against the input methodology is finally determined.

Notes
  • Section 53: substituted, on , by section 4 of the Commerce Amendment Act 2008 (2008 No 70).
  • Section 53(1): amended, on , by section 3 of the Secondary Legislation Act 2021 (2021 No 7).
  • Section 53(2): amended, on , by section 3 of the Secondary Legislation Act 2021 (2021 No 7).