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Commerce Act 1986

Regulated goods or services - Water services - Determinations

57N: Commission determination about how regulation applies

You could also call this:

"The Commission decides how rules apply to businesses and organisations in New Zealand."

Illustration for Commerce Act 1986

The Commission has to make a decision about how some regulations will apply. You can find out more about this type of decision in section 52P. The Commission must make this decision at different times depending on what the regulation is about.

The Commission has to make a decision about information disclosure within six months, or before a date specified in a notice. For some other regulations, the Commission must make a decision as soon as possible after an Order in Council is made under section 57L. There are special rules for section 57F that you can find in Part 6 of Schedule 1AA.

The Minister can decide to change the date for making a decision about information disclosure if they think it is in the public interest. The Minister must talk to the Commission before making this change and make the new date publicly available. The Commission can also decide whether or not to make a decision about revenue threshold regulation, and when to make it.

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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=LMS1505982.

Topics:
Money and consumer rights > Consumer protectionBusiness > Industry rulesBusiness > Fair trading
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57M: Commission not required to consult on non-material amendment, or

"Small changes to trade rules don't need public feedback first"

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57O: Section 52P determinations apply to each type of regulation imposed, or

"The Commerce Commission makes a special decision for each type of rule they create."

Part 4Regulated goods or services
Water services: Determinations

57NCommission determination about how regulation applies

  1. The Commission must make a section 52P determination specifying how a type of regulation imposed by this subpart will apply,—

  2. in the case of section 57D(1)(a) (information disclosure),—
    1. within 6 months after this section comes into force; or
      1. before a date specified in a notice issued under subsection (3):
      2. in the case of sections 57D(3) and 57E, as soon as practicable after an Order in Council is made under section 57L:
        1. in the case of section 57F, see the transitional provisions in Part 6 of Schedule 1AA relating to the Watercare charter.

          1. Despite section 52P, the Commission has a discretion to decide whether and, if so, when to make a section 52P determination specifying how revenue threshold regulation will apply.

          2. The following applies for the purposes of subsection (1)(a)(ii):

          3. the Minister may, by notice in the Gazette, specify a date earlier or later than 6 months after this section comes into force if the Minister considers it to be in the public interest to do so:
            1. a copy of the notice must be made publicly available:
              1. before issuing the notice, the Minister must consult the Commission on a draft of the notice.

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