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Commerce Act 1986

Regulated goods or services - Water services - Order in Council

57K: Minister's decision and recommendation

You could also call this:

"The Minister decides on rules for suppliers and recommends changes after considering the Commission's suggestions."

Illustration for Commerce Act 1986

The Minister looks at the Commission's recommendation, which they made following section 57J. You see the Minister has to decide if more rules should be added or removed for suppliers, based on what is said in sections 57D(1) and 57F. The Minister also has to decide what type of rules should apply to particular water services.

If the Minister thinks more rules are needed, they decide which type of rules to use and which suppliers should follow them. They then make a recommendation about this. The Minister can only add or remove rules if the Commission has already thought about it and made a recommendation, such as the one under section 57G.

When the Minister makes a decision, it might be the same as or different from the Commission's recommendation. If the Minister's decision is different, they have to explain why and make their decision public, including the reasons for it.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS1505978.

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57J: Minister's consideration, or

"The Minister thinks about suggestions and talks to other Ministers before making a decision."

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57L: Order in Council imposing regulation, or

"The Governor-General can create a rule to regulate water suppliers in New Zealand."

Part 4Regulated goods or services
Water services: Order in Council

57KMinister's decision and recommendation

  1. After considering the Commission’s recommendation in accordance with section 57J, the Minister must—

  2. decide whether, in addition to the regulation referred to in sections 57D(1) and 57F, further regulation should be imposed (or removed from suppliers) under this subpart; and
    1. if so,—
      1. decide which type or types of regulation are to apply in relation to particular water services; and
        1. decide which suppliers should (or should no longer) be subject to the regulation; and
          1. make a recommendation to that effect.

          2. The Minister may not decide that regulation should be imposed (or removed) under this subpart unless the Commission has considered and recommended that, but the Minister’s decision may otherwise be the same as, or different from, the Commission’s recommendation under section 57G.

          3. 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 57K: inserted, on , by section 14 of the Local Government (Water Services) (Repeals and Amendments) Act 2025 (2025 No 43).