1 Short Title and commencement

1A Purpose

2 Interpretation

3 Certain terms defined in relation to competition

3A Commission to consider efficiency

4 Application of Act to conduct outside New Zealand

5 Application of Act to the Crown

6 Application of Act to Crown corporations

6A Special provisions relating to application of Act to the Crown in right of Australia and to Australian Crown corporations

6B Crown and Crown corporations not immune from jurisdiction in relation to certain provisions of Trade Practices Act 1974

6C Application of Evidence Amendment Act 1980

7 Law relating to restraint of trade and breaches of confidence not affected

8 Establishment of Commission

8A Application of Crown Entities Act 2004

9 Membership of Commission

10 Terms and conditions of appointment

11 Associate members

12 Chairperson and deputy chairperson

13 Termination of appointment of members

14 Disclosure of financial interests [Repealed]

15 Meetings of Commission

16 chairperson may direct Commission to sit in Divisions

17 Assent to determination

18 Officers and employees [Repealed]

18A Personnel policy [Repealed]

18B Equal employment opportunities [Repealed]

18C Choice of procedure [Repealed]

18D Superannuation and retiring allowances

19 Money to be appropriated by Parliament for purposes of this Act [Repealed]

20 Funds of Commission [Repealed]

21 Bank accounts [Repealed]

22 Crown entity [Repealed]

23 Investment of money [Repealed]

24 Exemption from income tax

25 Functions of Commission in relation to dissemination of information

26 Commission to have regard to economic policies of Government

27 Contracts, arrangements, or understandings substantially lessening competition prohibited

28 Covenants substantially lessening competition prohibited

29 Contracts, arrangements, or understandings containing exclusionary provisions prohibited

30 Certain provisions of contracts, etc, with respect to prices deemed to substantially lessen competition

31 Joint venture pricing exempt from application of section 30

32 Certain recommendations as to prices for goods and services exempt from application of section 30

33 Joint buying and promotion arrangements exempt from application of section 30

34 Certain provisions of covenants with respect to prices deemed to substantially lessen competition

35 Contracts or covenants subject to authorisation not prohibited under certain conditions [Repealed]

36 Taking advantage of market power

36A Taking advantage of market power in trans-Tasman markets

36B Purposes may be inferred

37 Resale price maintenance by suppliers prohibited

38 Resale price maintenance by others prohibited

39 Recommended prices

40 Withholding the supply of goods

41 Preventing the supply of goods

42 Special evidentiary provisions in respect of certain resale price maintenance practices

43 Statutory exceptions

44 Other exceptions

45 Exceptions in relation to intellectual property rights

46 Saving in respect of business acquisitions

47 Certain acquisitions prohibited

48 Bare transfer of market dominance excluded [Repealed]

49 Application to building societies [Repealed]

50 Certain merger or takeover proposals require clearance or authorisation [Repealed]

51 Contracts subject to condition of clearance or authorisation [Repealed]

52 When control may be imposed

53 How control can be imposed

54 Minister may seek advice from Commission as to thresholds for imposing controls

55 Effect of control being imposed

56 Reports from Commission to Minister about controls

57 Commission process

57A Technical provisions relating to declaration of control

57B Records to be kept for control purposes

57C Other Acts relating to price control not affected

57CA Impact of certain decisions made under Gas Act 1992

57D Interpretation

57DA Body that exercises jurisdiction under this Part

57DB Transfer of jurisdiction in respect of Transpower

57DC Transfer of jurisdiction relating to other large electricity lines businesses

57DD Procedure before jurisdiction order can be made

57DE Levies during transition in jurisdiction

57DF Ministerial powers

57E Purpose

57F Commission, not Minister, may declare that goods or services supplied by large electricity lines businesses are controlled

57G Thresholds for declaration of control

57GA Incorporation by reference of material in thresholds

57GB Effect of amendments to, or replacement of, material incorporated by reference in thresholds

57GC Amendments to, or replacement of, material incorporated by reference to be of same general character as original material

57GD Proof of material incorporated by reference

57GE Effect of expiry of material incorporated by reference

57GF Requirement to consult

57GG Access to material incorporated by reference

57H Process for making decisions on declaration of control

57I Process before declaration made

57J Effect of declaration of control

57K Priorities

57L Maximum of 5 years for duration of declaration

57M Authorisations and undertakings

57MA Impact of certain decisions made under Electricity Act 1992

57N Commission may lift control

57O Commission may be required to authorise Transpower's pricing methodology [Repealed]

57P Authorisations in respect of Transpower's pricing methodology [Repealed]

57Q Authorisations and undertakings [Repealed]

57R Enforcement of authorisations [Repealed]

57S Revocation of authorisations [Repealed]

57T Information disclosure

57U Information to be supplied to Commerce Commission

57V Commerce Commission to publish summaries

57W Reasonable charge may be imposed for providing copies of statements

57X Purpose of recalibrations [Repealed]

57Y Interpretation [Repealed]

57Z Large electricity line owners must supply valuation to Commerce Commission [Repealed]

57ZA Comprehensive audit of asset values of large electricity line owners [Repealed]

57ZB Procedure after audit of asset values carried out [Repealed]

57ZC Outcome of audit of asset values [Repealed]

57ZD Review of valuation methodologies

57ZE Process when carrying out review of valuation methodologies

57ZF Powers of Commission

57ZG Powers of entry and inspection

57ZH Authorised persons to prove identity

57ZI Offence to obstruct authorised persons

57ZJ Other offences

57ZK Levy of electricity lines businesses

58 Commission may grant authorisation for restrictive trade practices

58A Effect of authorisation

58B Additional provisions relating to authorisations

59 Contracts or covenants subject to authorisation not prohibited under certain conditions

59A When Commission may grant authorisation

59B Contraventions not prevented by granting of authorisation under section 59 or section 59A

60 Procedure for applications for authorisation of restrictive trade practices

61 Determination of applications for authorisation of restrictive trade practices

62 Commission to prepare draft determination in relation to restrictive trade practices

63 Commission may grant provisional authorisation [Repealed]

64 Procedure at conference

65 Commission may vary or revoke authorisations

66 Commission may give clearances for business acquisitions

67 Commission may grant authorisations for business acquisitions

68 Provisions applying to applications for clearances and authorisations for business acquisitions

69 Effect of clearance or authorisation

69A Commission may accept undertakings

69B Conferences in relation to business acquisitions

70 Authorisations in respect of prices, revenues, and quality standards

70A Considerations to be observed by Commission

70B Procedure for making authorisations

70C Remedies and penalties if overcharging or quality standards breached

70D Terms of authorisations

70E Investigations and audits

70F Revocation and amendment of authorisations

71 Provisional authorisations

72 Alternative undertakings

73 Conferences in relation to authorisations about controlled goods or services

74 Levies

74AA Cease and Desist Commissioners

74A Commissioner may make cease and desist orders

74B Investigation, notice, and opportunity to be heard

74C Procedure at cease and desist hearing

74D Pecuniary penalties for contravention of cease and desist order

75 Jurisdiction of High Court

76 Jurisdiction of District Courts

77 Additional lay members of High Court for purposes of appellate jurisdiction in respect of Commission determinations

78 Lay members of High Court in certain cases

79 Evidence not otherwise admissible

80 Pecuniary penalties

80A Body corporate not to indemnify certain persons in respect of pecuniary penalties

80B Pecuniary penalties for contravention of section 80A

80C Court may order certain persons to be excluded from management of body corporate

80D Application for order under section 80C

80E Offence to act in contravention of order made under section 80C

81 Injunctions may be granted by Court for contravention of Part 2

82 Actions for damages for contravention of Part 2

82A Exemplary damages for contravention of Part 2

83 Pecuniary penalties

84 Injunctions may be granted by Court for contravention of Part 3

84A Actions for damages for contravention of Part 3

85 Court may order divestiture of assets or shares in respect of contravention of Part 3

86 Contravention of section 55 an offence

87 Injunctions may be granted by Court for contravention of Part 4

88 General provisions relating to granting of injunctions

88A When undertaking as to damages not required by Commission

89 Other orders

90 Conduct by servants or agents

91 Appeals in relation to determinations by Commission

92 Persons entitled to appeal

93 Determination of appeals

94 Court may refer appeals back for reconsideration

95 Provisions pending determination of appeal

96 Court may order proceedings to be heard in private

97 Appeal to Court of Appeal in certain cases

98 Commission may require person to supply information or documents or give evidence

98A Power to search

98B Powers conferred by warrant

98C Warrant to be produced

98D Other duties of person who executes a warrant

98E Duty to assist

98F Power to inspect and take copies of documents, etc

98G Commission may exercise powers notwithstanding other proceedings

98H Supply of information and documents in relation to section 36A

99 Powers of Commission to take evidence

99A Commission may receive information and documents on behalf of Australian Trade Practices Commission

100 Powers of Commission to prohibit disclosure of information, documents, and evidence

100A Commission may state case for opinion of High Court

101 Notices

102 Service of notices

103 Offences

104 Determinations of Commission

105 Restriction on delegation

106 Proceedings privileged

106A Judicial notice

107 Annual report [Repealed]

108 Regulations

109 Commission may prescribe forms

110 Repeals, revocations, savings, and consequential amendments

111 Transitional provisions in respect of certain contracts, arrangements, or understandings

112 Transitional provisions in respect of goods and services subject to price control under Commerce Act 1975 [Repealed]

113 Transitional provisions in respect of goods and services subject to price restraint under regulations made under Commerce Act 1975 [Repealed]

114 Transitional provisions in respect of milk pricing [Repealed]

115 Savings in respect of certain provisions of Commerce Act 1975 [Repealed]

116 Winding up of Commerce Commission established under Commerce Act 1975

117 Members of Commerce Commission established under Commerce Act 1975 deemed to be members of Commission

118 Lay members of High Court appointed pursuant to Commerce Act 1975 deemed to be lay members of High Court appointed under this Act