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Commerce Act 1986

Regulated goods or services - Airport services - Order in Council imposing additional type of regulation

56I: Minister must consider Commission’s recommendation

You could also call this:

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

Illustration for Commerce Act 1986

When the Minister is making a decision, they must think about what the Commission recommends under section 56H. The Minister has to talk to the Minister of Transport about it. They can also ask the Commission for more information.

If the Minister wants to make a different type of regulation than what the Commission suggests, they must ask the Commission for advice on what a section 52P determination would look like. The Minister's request and the Commission's advice must be made public. This means anyone can see what they are talking about.

If the Commission gets a request from the Minister, they can choose to talk to people who are interested or they can look at the issue again, and section 52J will apply. You can see what the Minister and the Commission are doing because they make their requests and advice public. This helps keep everything transparent.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS117220.

Topics:
Government and voting > Government departments
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56H: Commission’s recommendations following inquiry, or

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

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56J: Minister’s decision and recommendation, or

"The Minister decides how to regulate some airport services and tells the Governor-General their choice."

Part 4Regulated goods or services
Airport services: Order in Council imposing additional type of regulation

56IMinister must consider Commission’s recommendation

  1. The Minister must consider any recommendation of the Commission made under section 56H.

  2. When considering the recommendation, the Minister—

  3. must consult with the Minister of Transport; and
    1. may request further information or advice from the Commission.

      1. If the Minister proposes a different type of regulation to the type that the Commission recommends, the Minister must request written advice from the Commission on what the material provisions of a section 52P determination would be likely to be under the Minister’s proposal.

      2. Any request by the Minister under subsection (3), and the Commission’s advice on it, must be made publicly available.

      3. If the Commission receives a request under subsection (3), it may, at its discretion,—

      4. consult with interested parties; or
        1. reopen its inquiry, in which case section 52J applies with all necessary modifications.

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