This section applies to any trade practice coming within any of the categories specified in paragraphs (b) to (d) of subsection (2) of section 19 of this Act, not being—

For the purposes of this section—

Any wholesaler, retailer, contractor, trade association, or combination of persons who or which is carrying on or intending to carry on any trade practice to which this section applies may apply to the Commission for its approval of that trade practice. Every such application shall be made in duplicate in a form provided or approved by the Commission.

Where application is made to the Commission under subsection (3) of this section, the Commission shall grant its approval if in its opinion the effect of the trade practice is not and is not likely to be contrary to the public interest in accordance with the provisions of section 20 of this Act. Any such approval may be subject to such conditions as the Commission thinks fit.

Without limiting the conditions that the Commission may impose in granting its approval, the Commission may approve a trade practice subject to a condition that any person carrying on that practice shall notify the Examiner forthwith of any change in that practice or in any recommendations or agreements as to prices, or terms relating to or affecting prices, made under that practice.

A copy of the application shall be supplied by the Commission to the Examiner for investigation and report. The provisions of sections 16, 16a, 17, and 18 of this Act, as far as they are applicable and with the necessary modifications, shall apply as if the investigation by the Examiner were an investigation of a trade practice under section 16 of this Act:

“Provided that nothing in this subsection shall prevent the Commission itself from conducting an inquiry into the application.

The Commission may deal with applications under this section in such order as it thinks fit, but shall, as far as practicable, give priority to applications for its approval of trade practices that are not already being carried on by the applicants.

Where approval of a trade practice has been granted under this section, the Commission, on the application of the Examiner or of the person on whose application the practice was approved or of any person carrying on that trade practice, may at any time—

The procedure on any application under subsection (8) of this section shall be the same, with the necessary modifications, as in the case of an application for approval made under subsection (3) of this section.

Where before the commencement of this section the Commission, after either holding an inquiry into any trade practice coming within any of the categories specified in paragraphs (b) to (d) of subsection (2) of section 19 of this Act or dispensing with such an inquiry,—

Subject to sections 25 and 26 of this Act, there shall be a right of appeal to the Administrative Division of the Supreme Court (in this Part, unless the context otherwise requires, referred to as the Court) against a decision of the Commission in respect of any of the matters specified in section 25 of this Act.

Every such appeal shall be made by giving notice of appeal within 28 days after the date of the publication in the Gazette of the order appealed against.

It shall not be necessary to state in the notice the grounds of appeal.

Subject to the provisions of this Part, the procedure in respect of any such appeal shall be in accordance with the rules of Court.

The right of appeal under section 24 of this Act shall be from the whole or any part of any order of the Commission made under section 18a or section 19 of this Act.

No appeal shall lie against any order of the Commission made under section 9 of this Act.

The following persons and no others may exercise such right of appeal as aforesaid:

The Court may in any case, if it considers it is in the interests of the parties or of any of them and is not contrary to the interests of other persons concerned, order that the hearing or any part of it shall be held in private.

The Court may make an order prohibiting the publication of any report or description of the proceedings or of any part of the proceedings in any appeal before it (whether heard in public or in private); but no such order shall be made prohibiting the publication of the names and descriptions of the parties to the appeal, or of any decision of the Court.

In its determination of any appeal, the Court may confirm, modify, or reverse the order or decision appealed against, or any part of that order or decision, and, subject to section 31 of this Act, the decision of the Court shall be final and conclusive.

Notwithstanding anything in section 27 of this Act, the Court may in any case, instead of determining any appeal under that section, direct the Commission to reconsider, either generally or in respect of any specified matters, the whole or any specified part of the matter to which the appeal relates.

In giving any direction under this section, the Court shall—

In reconsidering the matter so referred back, the Commission shall have regard to the Court’s reasons for giving a direction under subsection (1) of this section and to the Court’s directions under subsection (2) of this section.

Subject to subsection (2) of this section, where the Examiner is dissatisfied with any decision of the Commission as being erroneous in point of law, he may appeal to the Court by way of case stated for the opinion of the Court on a question of law only.

The right of appeal under subsection (1) of this section shall be on a point of law arising in—

The provisions of Part IV of the Summary Proceedings Act 1957 (except sections 113, 114, 124 to 128, 132, and 134 to 144), so far as they relate to appeals by way of case stated on a question of law only, shall apply, so far as they are applicable and with the necessary modifications, to every appeal under this section. In the application of those provisions, they shall be read as if—

Subject to this section, the procedure in respect of any appeal under this section shall be in accordance with the rules of Court.

No appeal shall lie under this section on a point of law arising in any decision of the Commission made under section 9 of this Act.

Pending the determination of any appeal to the Administrative Division of the Supreme Court under this Part, the order or other decision appealed against shall be deemed to have no effect.

If any party to any proceedings before the Administrative Division of the Supreme Court under this Part is dissatisfied with any determination or decision of the Court in the proceedings as being erroneous in point of law, he may, with the leave of that Division, appeal to the Court of Appeal by way of case stated for the opinion of that Court on a question of law only:

“Provided that if the Administrative Division refuses to grant leave to appeal to the Court of Appeal, the Court of Appeal may grant special leave to appeal.

Within 14 days after the date of the determination or decision of the Administrative Division, a party desiring to appeal to the Court of Appeal under this section shall file a notice of his application for leave to appeal with the Registrar of the Supreme Court at Wellington, and shall forthwith deliver or post a copy of the notice to every other party to the proceedings.

The Administrative Division may grant leave accordingly if in its opinion the question of law involved in the appeal is one which, by reason of its general or public importance or for any other reason, ought to be submitted to the Court of Appeal for decision.

Where the Administrative Division refuses leave to any party to appeal to the Court of Appeal under this section, that party may, within 21 days after that refusal, or within such further time as the Court of Appeal may allow, apply to the Court of Appeal, in such manner as may be directed by the rules of that Court, for special leave to appeal to that Court, and the Court of Appeal may grant leave accordingly if in its opinion the question of law involved in the appeal is one which, by reason of its general or public importance or for any other reason, ought to be submitted to the Court of Appeal for decision.

Within 14 days after leave to appeal is granted under this section, or within such further time as the Judge before whom the proceedings were heard may in his discretion allow, the appellant shall state in writing and file with the Registrar of the Supreme Court at Wellington a case setting out the facts and the grounds of the determination or decision and specifying the question of law on which the appeal is made. The appellant shall forthwith deliver or post a copy of the case to every other party to the proceedings.

As soon as practicable after the filing of the case, the Registrar shall cause it to be submitted to the Judge before whom the proceedings were heard.

The Judge shall, as soon as practicable, and after hearing the parties if he considers it necessary to do so, settle the case, sign it, and cause it to be sent to the Registrar. The settling and signing of the case shall be deemed to be the statement of the case by the Court.

Where since the date of the determination or decision the Judge before whom the proceedings were heard has ceased to hold office as such or died or left New Zealand, or is incapable by reason of sickness or otherwise from acting as such, the case may be submitted to any Judge of the Supreme Court and may be settled and signed by him.

The Registrar shall send the signed case to the Registrar of the Court of Appeal, and shall make a copy available to each party.

If within 14 days after the granting of leave to appeal, or within such further time as may be allowed, the appellant does not file a case pursuant to subsection (5) of this section, the Judge may certify that the appeal has not been prosecuted.

The Supreme Court or a Judge thereof may in its or his discretion, on the application of the intending appellant, extend any time prescribed or allowed under this section for the filing of an application for leave to appeal or the stating of any case.

In its determination of any appeal under this section, the Court of Appeal may do any one or more of the following things:

The decision of the Court of Appeal on any appeal under this section or on any application for leave to appeal shall be final.

Subject to the provisions of this section, the case shall be dealt with in accordance with rules of Court.

Where leave to appeal to the Court of Appeal is granted under this section, the decision of the Administrative Division shall nevertheless have effect until the determination of the appeal, unless the Court granting such leave otherwise orders.”

Proceedings before the Commission shall not be held bad for want of form.”

The Chairman of the Commission in any matter before the Commission may state a case for the opinion of the Supreme Court on any question of law arising in that matter. Every such case stated shall be heard and determined by the Administrative Division of the Court.”

All the provisions of this Act, as far as they are applicable and with the necessary modifications, shall apply with respect to the performance of services and the refusal to supply services (otherwise, in each case, than pursuant to a contract of service between master and servant) and the rates or fees charged therefor and the costs of providing the services in the same manner as they apply in respect of the sale of goods and the refusal to sell goods and the prices charged for goods and the costs of the production, manufacture, transport, storage, and distribution of goods.

Without limiting the generality of the meaning of the expression ‘performance of services’ in subsection (1) of this section, that expression includes the doing of any thing pursuant to a contract or agreement with any person which confers any right or benefit on that person or any other person.”

Notwithstanding anything in section 14 of the Summary Proceedings Act 1957, any information for an offence against this Act may be laid at any time within 2 years from the time when the matter of the information arose.”