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Commerce Act 1986

Regulated goods or services - Airport services - Commission inquiry into regulation of specified airport services

56H: Commission’s recommendations following inquiry

You could also call this:

"The Commission gives advice to the Minister after looking into airport services and deciding if new rules are needed."

Illustration for Commerce Act 1986

When the Commission finishes an inquiry, they think about the things in section 56G and then make a recommendation to the Minister. You want to know what they recommend - it is about whether some rules should be applied to certain airport services. The Commission looks at three types of rules: negotiate/arbitrate regulation, default/customised price-quality regulation, and individual price-quality regulation.

If the Commission recommends applying some rules, they must say what type of rules they think should be applied. They also need to say what input methodologies apply, and give more details depending on the type of rules they recommend. For example, if they recommend negotiate/arbitrate regulation, they need to explain how the negotiation and arbitration processes will work.

The Minister then publishes the Commission's recommendation, and they can do this in any way they think is appropriate. It is worth noting that when the Commission makes a recommendation, it is not the same as making a final decision - that is an important difference.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS117216.

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56G: Commission inquiry, or

"The Commission checks how airport services are regulated and decides if changes are needed."

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56I: Minister must consider Commission’s recommendation, or

"The Minister must listen to the Commission's advice when making decisions."

Part 4Regulated goods or services
Airport services: Commission inquiry into regulation of specified airport services

56HCommission’s recommendations following inquiry

  1. At the end of an inquiry, having considered the matters in section 56G, the Commission must make a recommendation to the Minister on whether 1 of the following should be imposed on specified airport services:

  2. negotiate/arbitrate regulation:
    1. default/customised price-quality regulation:
      1. individual price-quality regulation.

        1. If the Commission recommends imposing a type of regulation specified in subsection (1), its recommendation must state the following:

        2. the type of regulation that is recommended:
          1. what input methodologies apply:
            1. if negotiate/arbitrate regulation is recommended, the material provisions of the negotiation process and arbitration process:
              1. if default/customised price-quality regulation is recommended, the default price path and quality standards:
                1. if individual price-quality regulation is recommended, the material provisions to apply.

                  1. The Minister must publish the Commission’s recommendation, and may do so in whatever way the Minister considers appropriate.

                  2. To avoid doubt, a recommendation by the Commission is not a determination of the Commission.

                  Notes
                  • Section 56H: inserted, on , by section 10 of the Commerce Amendment Act 2018 (2018 No 42).