1 Title
2 Commencement
Part 1Amendments to Commerce Act 1986
3 Principal Act amended
Replacement of Parts 4 and 4A
4 New Part 4 substituted
Part 4Regulated goods or services
Subpart 1—Preliminary provisions
52 Overview of Part
52A Purpose of Part
52B Outline of Part
52C Interpretation
52D Meaning and application of claw-back
Subpart 2—Regulating particular goods or services
52E Overview of process if regulation imposed on goods or services
52F Effect of goods or services being subject to regulation
52G When goods or services may be regulated
Commission inquiry
52H How inquiry triggered
52I Commission inquiry into particular goods or services
52J Process of inquiry
52K Commission's recommendation following inquiry
Order in Council imposing regulation
52L Minister's consideration
52M Minister's decision and recommendation
52N Order in Council imposing regulation
52O Revocation or amendment of Order in Council
Commission determination about how regulation applies
52P Determinations by Commission under this section
52Q Amendment of section 52P determination
Subpart 3—Input methodologies
52R Purpose of input methodologies
52S How published input methodologies apply
52T Matters covered by input methodologies
52U When input methodologies must be determined
52V Commission process for determining input methodologies
52W Publication of input methodologies
52X Amendment of input methodologies
52Y Review and date of publication of input methodologies
Appeals against input methodology determinations
52Z Appeals against input methodology determinations
52ZA Process for appeals
53 Input methodology applies pending outcome of appeal
Subpart 4—Information disclosure regulation
53A Purpose of information disclosure regulation
53B Effect of being subject to information disclosure regulation
53C Section 52P determination to set out information disclosure requirements
53D Consolidated information may also be required
53E Charge for providing copies to public
53F Limited exception to obligation to apply input methodologies
Subpart 5—Negotiate/arbitrate regulation
53G Purpose of negotiate/arbitrate regulation
53H Overview of negotiate/arbitrate regulation
53I Section 52P determination to set out requirements for application of negotiate/arbitrate regulation
53J Compulsory arbitration
Subpart 6—Default/customised price-quality regulation
53K Purpose of default/customised price-quality regulation
53L Overview of default/customised price-quality regulation
53M Content and timing of price-quality paths
53N Monitoring compliance with price-quality paths
Default price-quality path
53O Section 52P determination to set out requirements of default price-quality paths
53P Resetting starting prices, rates of change, and quality standards
Customised price-quality paths
53Q Supplier may propose customised price-quality path
53R Effect of making proposal for customised price-quality path
53S Preliminary assessment of proposal
53T Process and timing for assessing proposal
53U Extension of time frames
53V Determination setting customised price-quality path
53W Term of customised price-quality paths
53X What happens when customised price-quality path ends
53Y Commission's costs in setting customised price-quality path
53Z Prioritisation by Commission
53ZA What happens if Commission does not make decision within time frame
What happens to price-quality paths if input methodologies change
53ZB What happens to price-quality paths if input methodologies change
Subpart 7—Individual price-quality regulation
53ZC Price-quality path for individual businesses
Subpart 8—Miscellaneous provisions
53ZD Powers of Commission under this Part
53ZE Levies
53ZF Material may be incorporated by reference
53ZG Power to exempt disclosure of commercially sensitive information
Subpart 9—Electricity lines services
Application, overview, and interpretation
54 Overview of how subpart applies
54A Overview of when subpart applies
54B Interpretation for subpart
54C Meaning of electricity lines services
54D Definition of consumer-owned
Imposition of regulation under this Part
54E Electricity lines services declared to be regulated
54F All electricity lines services are subject to information disclosure regulation
54G Certain electricity lines services are also subject to default/customised price-quality regulation
54H How exempt status can be lost and default/customised price-quality regulation can be applied to consumer-owned suppliers
54I Commission must make section 52P determination specifying how subpart applies
54J Section 52P determinations setting out default price-quality paths applying from 1 April 2009
54K Section 52P determinations setting out default price-quality paths applying from 1 April 2010
Transitional arrangements
54L Administrative settlements made before 1 April 2009 (other than with Transpower)
54M Administrative settlements with Transpower made before 1 April 2009
54N Breaches of thresholds and default price-quality paths before 1 April 2010
54O Breaches of control imposed, or administrative settlements entered into, after 1 April 2009
54P Proposals for customised price-quality paths
Energy efficiency
54Q Energy efficiency
Jurisdiction issues and interface with Electricity Commission and Electricity Act 1992
54R Transfer of jurisdiction relating to electricity lines services supplied by Transpower
54S Effect of transfer of jurisdiction
54T Procedure before jurisdiction order can be made
54U Levies during transition in jurisdiction
54V Impact of certain decisions made under Electricity Act 1992
Savings provisions
54W Savings provision relating to existing information disclosure requirements
54X Savings provision for existing levy regulations for electricity lines businesses
Subpart 10—Gas pipeline services
Overview and interpretation
55 Overview of subpart
55A Meaning of gas pipeline services
55B Gas pipeline services declared to be regulated
55C All gas pipeline services are subject to information disclosure regulation
55D All gas pipeline services are subject to price-quality regulation
55E Commission must make section 52P determination specifying how subpart applies
55F Section 52P determinations setting out first default price-quality paths
Services controlled by virtue of Commerce (Control of Natural Gas Services) Order 2005
55G Existing order, authorisations, and undertakings continue to apply until 1 July 2012 (or earlier expiry)
55H How price-quality regulation under this Part applies after 1 July 2012 (or earlier expiry)
Interface with Gas Act 1992
55I Impact of certain decisions made under Gas Act 1992
55J Savings provision until Commission publishes information disclosure requirements
55K Savings provision for existing levy regulations for services controlled under Commerce (Control of Natural Gas Services) Order 2005
Subpart 11—Airport services
56 Overview of subpart
56A Meaning of specified airport services
56B Specified airport services declared to be regulated
56C Specified airport services are subject to information disclosure regulation
56D Duty to also disclose to Secretary of Transport
56E Commission must make determination specifying how subpart applies
How information disclosure regulation applies
56F Transitional provision until Commission publishes information disclosure requirements
56G Transitional provision requiring review after new prices set
5 Part 4A repealed
Amendments to Part 5
6 Commission to prepare draft determination in relation to restrictive trade practices
7 New sections 69AB and 69AC inserted
69AB Authorisation or clearance void if undertaking contravened
69AC Variation of undertaking
8 Heading and sections 70 to 74 repealed
Amendments to Part 6
9 Jurisdiction of High Court
10 Jurisdiction of District Courts
11 Evidence not otherwise admissible
12 New heading and sections 79A and 79B inserted
Proceedings for pecuniary penalties
79A Proceedings for pecuniary penalties
79B Relationship between pecuniary penalties and criminal liability
13 Injunctions may be granted by Court for contravention of Part 3
14 New sections 85A to 85C inserted
85A Pecuniary penalties for contravention of undertaking
85B Court may order divestiture of assets or shares in respect of contravention of undertaking
85C Matters Court must not take into account under sections 85A and 85B
15 New heading and sections 86 to 87C substituted
Regulated goods or services
86 Pecuniary penalty for contravening information disclosure requirement
86A Order requiring information disclosure requirement to be complied with
86B Offences relating to information disclosure regulation
86C Orders where negotiate/arbitrate regulation applies
87 Pecuniary penalty for contravening price-quality requirements
87A Compensation for contravention of price-quality requirement
87B Offence relating to price-quality regulation
87C Injunction and other orders relating to price-quality regulation
16 Other orders
17 Appeals in relation to determinations by Commission
18 Persons entitled to appeal
19 Determination of appeals
20 Provisions pending determination of appeal
21 Appeal to Court of Appeal in certain cases
Amendments to Part 7
22 Power to search
23 Offences
24 Restriction on delegation
25 Proceedings privileged
26 Regulations
27 Sections 116 to 118 repealed
New Schedules 5 and 6 added
28 New Schedules 5 and 6 added
Part 2Amendments to other Acts and order
29 Amendments to Electricity Act 1992
30 Amendment to Electricity Industry Reform Act 1998
31 Amendments to Gas Act 1992
32 Amendments to Airport Authorities Act 1966
33 Amendment to Commerce (Control of Natural Gas Services) Order 2005
ScheduleNew Schedules 5 and 6
Legislative history
The Parliament of New Zealand enacts as follows: