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Commerce Act 1986

Competition studies

51A: Competition study terms of reference

You could also call this:

"What a competition study must cover and how it's done"

Illustration for Commerce Act 1986

When you look at a competition study, it must say what goods or services it is about and what the study will cover. The study will look at things like what is being sold and who is selling it. You need to know what the study is trying to find out.

If the Minister tells the Commission to do a study, the Commission might need to talk to some people or groups as part of the study. These people or groups can be public service agencies, organisations, or individuals. The Commission will decide who to talk to.

If the Commission is doing the study on its own, it can choose who to talk to. The Commission must follow the rules of the study and can make some decisions on its own about related matters. You can find more information about the Commerce Act on the New Zealand legislation website.

The Commission has to do the study according to the rules and can make some decisions on its own. It is important to follow the rules so the study is done correctly. The Commission will make sure it does the study properly.

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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=LMS114548.

Topics:
Business > Fair tradingGovernment and voting > Government departments
Previous

51: Minister may require Commission to carry out competition study, or

"The Minister can ask a group to study how businesses compete with each other."

Next

51B: Preparation of competition report, or

"The Commission writes a report about what they learned from studying competition and suggests ways to make things better."

Part 3ACompetition studies

51ACompetition study terms of reference

  1. The terms of reference for a competition study must—

  2. specify the goods or services, or both, to which the study relates; and
    1. describe the scope of the study.

      1. If the study is required by the Minister, the terms of reference may require the Commission to consult any of the following as part of the study:

      2. public service agencies:
        1. organisations:
          1. persons:
            1. classes of persons.

              1. If the Commission is carrying out the study on its own initiative, the terms of reference may name any of the following that it intends to consult as part of the study:

              2. public service agencies:
                1. organisations:
                  1. persons:
                    1. classes of persons.

                      1. The Commission—

                      2. must carry out the competition study in accordance with the terms of reference; and
                        1. may exercise its discretion in relation to any ancillary matters that are related to, but not explicitly covered by, the terms of reference.

                          Notes
                          • Section 51A: inserted, on , by section 4 of the Commerce Amendment Act 2018 (2018 No 42).
                          • Section 51A(2)(a): amended, on , by section 23 of the Commerce Amendment Act 2022 (2022 No 11).
                          • Section 51A(3)(a): amended, on , by section 23 of the Commerce Amendment Act 2022 (2022 No 11).