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Commerce Act 1986

Regulated goods or services - Airport services - Declaring services to be specified airport services

56M: Order in Council declaring specified airport services

You could also call this:

"The Governor-General can declare certain airport services as special services if recommended by the Minister and the Commission."

Illustration for Commerce Act 1986

The Governor-General can make an Order in Council to declare certain airport services as specified airport services. You need to know that this happens when the Minister recommends it. The Minister only recommends this if the Commission has already recommended it and has talked to people who are interested in the decision.

The Commission must think about whether declaring these services will help achieve the purpose of this part of the law, and whether it is worth the cost. They must also be sure that the companies supplying these services have a lot of power in the market.

When the Governor-General makes an Order in Council, it is a type of secondary legislation, and you can learn more about what this means by looking at Part 3 of the Legislation Act 2019.

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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=LMS117280.

Topics:
Business > Industry rulesTransport and travel > Air travel
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56L: Commission determination about how regulation applies, or

"The Commission decides how new rules apply to airport services, following recommended guidelines."

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56N: Subpart 2 not limited, or

"This part of the law works with another set of rules, not instead of them."

Part 4Regulated goods or services
Airport services: Declaring services to be specified airport services

56MOrder in Council declaring specified airport services

  1. The Governor-General may, on the recommendation of the Minister, make an Order in Council declaring 1 or more services to be specified airport services for the purposes of this subpart.

  2. Before recommending that an Order in Council be made, the Minister must be satisfied that—

  3. the Commission has made a recommendation to the same effect; and
    1. the Commission has consulted (without necessarily holding an inquiry) with interested parties.

      1. Before making a recommendation under subsection (2)(a), the Commission—

      2. must assess the benefits, in meeting the purpose of this Part, of declaring the services to be specified airport services against the costs of declaring the services to be specified airport services; and
        1. must be satisfied that the services are supplied in a market where 1 or more of the specified airport companies have a substantial degree of market power.

          1. An order under this section is secondary legislation (see Part 3 of the Legislation Act 2019 for publication requirements).

          Notes
          • Section 56M: inserted, on , by section 10 of the Commerce Amendment Act 2018 (2018 No 42).
          • Section 56M(4): inserted, on , by section 3 of the Secondary Legislation Act 2021 (2021 No 7).