Local Government (Water Services Preliminary Arrangements) Act 2024

Watercare Services Limited - Commerce Commission’s functions, duties, and powers

90: Commerce Commission’s functions, duties, and powers

You could also call this:

"The Commerce Commission's role is to help make sure water services are fair and work well."

The Commerce Commission has some jobs to do under this Act. You can think of the Commission like a helper that makes sure things are done fairly. The Commission can look at parts of a draft Watercare charter and give comments to the Secretary. The Commission's comments are meant to help make the charter better, and to help the Secretary make good decisions about it. The Commission can also talk to other groups, like Taumata Arowai, and provide services to the Crown monitor or the Secretary.

If the Minister chooses the Commission to be the Crown monitor, the Commission will have the power to do that job. But if the Commission is the Crown monitor, it does not have to follow some of the usual rules, like the rule that says the Secretary must consult the Commission, as stated in section 76(2)(a). The Commission will still have to do its job as the Crown monitor, though.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS964562.


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Part 4Watercare Services Limited
Commerce Commission’s functions, duties, and powers

90Commerce Commission’s functions, duties, and powers

  1. For the purposes of this Act, the Commission may review Parts 1 and 2 of a draft Watercare charter and provide comments to the Secretary.

  2. The purpose of the Commission’s review and provision of comments is to help to optimise—

  3. the charter; and
    1. the application of the charter to Watercare; and
      1. decisions made by the Secretary in relation to the charter.
        1. As part of its functions, duties, and powers under this Act, the Commission may—

        2. engage with any party it considers practicable (for example, Taumata Arowai); and
          1. unless it is appointed to be the Crown monitor, provide services to the Crown monitor or the Secretary (for example, under a service-level agreement).
            1. If the Minister appoints the Commission to be the Crown monitor,—

            2. the Commission has the functions, duties, and powers required to perform that role; but
              1. this section and the obligation under section 76(2)(a) for the Secretary to consult the Commission do not apply.