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Commerce Act 1986

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

56J: Minister’s decision and recommendation

You could also call this:

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

Illustration for Commerce Act 1986

The Minister looks at the Commission's recommendation, as stated in section 56I, and any written advice they got. You need to know the Minister decides if another type of regulation should be used for some airport services. The Minister chooses from negotiate/arbitrate regulation, default/customised price-quality regulation, or individual price-quality regulation.

If the Minister thinks another type of regulation is needed, they tell the Governor-General what type to use. The Minister's decision can be the same as or different from the Commission's recommendation, which is stated in section 56H.

If the Minister's decision is different, they explain why and make their decision public.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS117265.

Topics:
Government and voting > Government departmentsTransport and travel > Air travel
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56I: Minister must consider Commission’s recommendation, or

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

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56K: Order in Council imposing additional type of regulation, or

"The Governor-General can create a special rule to regulate airport services for a limited time."

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

56JMinister’s decision and recommendation

  1. Having considered the Commission’s recommendation in accordance with section 56I and any written advice given following a request under section 56I(3), the Minister must—

  2. decide whether, in addition to information disclosure regulation, 1 of the following types of regulation should be imposed on specified airport services:
    1. negotiate/arbitrate regulation:
      1. default/customised price-quality regulation:
        1. individual price-quality regulation; and
        2. if so, make a recommendation to the Governor-General specifying the type of regulation that should be imposed.

          1. The Minister’s decision may be the same as, or different from, the Commission’s recommendation under section 56H.

          2. If the Minister’s decision is different from the Commission’s recommendation, the Minister must set out the reasons for the decision and make the decision, with the reasons, publicly available.

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