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Commerce Act 1986

Authorisations and clearances - Restrictive trade practices

64: Procedure at conference

You could also call this:

"What happens at a meeting to discuss unfair trade practices"

Illustration for Commerce Act 1986

When you go to a conference about restrictive trade practices, the Commission will be there. They will have a member or members at the conference who are chosen by the chairperson. You can attend the conference if you were sent a draft determination under section 62 of the Commerce Act 1986.

The Commission can ask their employees to attend the conference if they think it will help with the application. At the conference, the Commission will try to keep things as simple as possible. They will make a record of what happens at the conference, including what people say.

Any member of the Commission at the conference can stop it when they think everyone has had a chance to say what they think. After the conference, the Commission will think about what was said and might make a decision about the application. They have to consider everything that was discussed at the conference when making their decision.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM89053.

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Part 5Authorisations and clearances
Restrictive trade practices

64Procedure at conference

  1. At every conference called under section 62,—

  2. the Commission shall be represented by a member or members nominated by the chairperson:
    1. each person to whom a draft determination was sent under section 62(2), and any other person whose presence at the conference is considered by the Commission to be desirable, is entitled to attend and participate personally or, in the case of a body corporate, be represented by a person who, or by persons each of whom, is a director, officer, or employee of the body corporate:
      1. a person participating in the conference in accordance with paragraph (b) is entitled to have another person or other persons present to assist him:
        1. no other person is entitled to be present.

          1. The Commission may require any employee of the Commission to attend a conference called under section 62 where in the opinion of the Commission that employee may assist the Commission in the determination of the application.

          2. At every conference called under section 62 the Commission shall provide for as little formality and technicality as the requirements of this Act and a proper consideration of the application permits.

          3. The Commission shall cause such record of the conference to be made as is sufficient to set out the matters raised by the persons participating in the conference.

          4. Any member of the Commission attending the conference may terminate the conference when that member is of the opinion that a reasonable opportunity has been given for the expression of the views of persons participating in the conference.

          5. The Commission shall have regard to all matters raised at the conference, and may at any time after the termination of the conference make a determination in respect of the application.

          Notes
          • Section 64(1)(a): amended, on , by section 200 of the Crown Entities Act 2004 (2004 No 115).
          • Section 64(2): amended, on , by section 200 of the Crown Entities Act 2004 (2004 No 115).