Commerce Act (Fees) Regulations 1990

Reprint as at 21 September 2017

Coat of Arms of New Zealand

Commerce Act (Fees) Regulations 1990

(SR 1990/356)

Catherine A Tizard, Governor-General

Order in Council

At Wellington this 17th day of December 1990

Present:
Her Excellency the Governor-General in Council

Note

Changes authorised by subpart 2 of Part 2 of the Legislation Act 2012 have been made in this official reprint.

Note 4 at the end of this reprint provides a list of the amendments incorporated.

This order is administered by the Ministry of Business, Innovation, and Employment.

Pursuant to section 108 of the Commerce Act 1986, Her Excellency the Governor-General, acting by and with the advice and consent of the Executive Council, hereby makes the following regulations.

Regulations

1 Title and commencement

(1)

These regulations may be cited as the Commerce Act (Fees) Regulations 1990.

(2)

These regulations shall come into force on 1 January 1991.

1A Transitional, savings, and related provisions

The transitional, savings, and related provisions set out in Schedule 1 have effect according to their terms.

Regulation 1A: inserted, on 25 August 2017, by regulation 4 of the Commerce Act (Fees) Amendment Regulations 2017 (LI 2017/260).

2 Fees prescribed for purposes of Commerce Act 1986

Subject to regulation 3, for the purposes of the Commerce Act 1986, the fees set out below shall be payable in respect of the following matters:

(aa)

for a proposal for a customised price-quality path under section 53Q of the Act, a standard application fee of $23,000:

(a)

for an application under section 58 of the Act, a fee of $36,800:

(ab)

for an application under section 65A of the Act, a fee of $3,680:

(b)

for giving a notice under section 66(1) of the Act, a fee of $3,680:

(c)

for giving a notice under section 67(1) of the Act, a fee of $36,800.

(d)
[Revoked]

Regulation 2(aa): inserted, on 2 August 2012, by regulation 4 of the Commerce Act (Fees) Amendment Regulations 2012 (SR 2012/166).

Regulation 2(a): amended, on 21 September 2017, by regulation 5(1) of the Commerce Act (Fees) Amendment Regulations 2017 (LI 2017/260).

Regulation 2(ab): inserted, on 25 August 2017, by regulation 5(2) of the Commerce Act (Fees) Amendment Regulations 2017 (LI 2017/260).

Regulation 2(b): amended, on 21 September 2017, by regulation 5(3) of the Commerce Act (Fees) Amendment Regulations 2017 (LI 2017/260).

Regulation 2(c): amended, on 21 September 2017, by regulation 5(4) of the Commerce Act (Fees) Amendment Regulations 2017 (LI 2017/260).

Regulation 2(d): revoked, on 25 August 2017, by regulation 5(5) of the Commerce Act (Fees) Amendment Regulations 2017 (LI 2017/260).

3 Refunds

(1)

[Revoked]

(2)

[Revoked]

(3)

If the prescribed fee paid under these regulations in respect of an application under section 58 or 65A of the Act or a notice under section 66(1) or 67(1) of the Act is more than the cost to the Commerce Commission of determining that application or notice, the Commerce Commission must refund that part of the fee paid that is more than the cost.

(4)

A refund under subclause (3) must be paid—

(a)

within 60 working days after the date on which the application or notice is determined; or

(b)

in the case of an application under section 58 or 65A that is withdrawn under section 60(8) of the Act before it is determined, within 60 working days after the date on which the Commerce Commission receives the notice in writing withdrawing the application.

Regulation 3(1): revoked, on 25 August 2017, by regulation 6(1) of the Commerce Act (Fees) Amendment Regulations 2017 (LI 2017/260).

Regulation 3(2): revoked, on 25 August 2017, by regulation 6(2) of the Commerce Act (Fees) Amendment Regulations 2017 (LI 2017/260).

Regulation 3(3): inserted, on 25 August 2017, by regulation 6(3) of the Commerce Act (Fees) Amendment Regulations 2017 (LI 2017/260).

Regulation 3(4): inserted, on 25 August 2017, by regulation 6(3) of the Commerce Act (Fees) Amendment Regulations 2017 (LI 2017/260).

4 Goods and services tax

The fees prescribed by these regulations are inclusive of goods and services tax.

5 Revocation

The Commerce Act (Fees) Regulations 1989 (SR 1989/168) are hereby consequentially revoked.

Schedule 1 Transitional, savings, and related provisions

r 1A

Schedule 1: inserted, on 25 August 2017, by regulation 7 of the Commerce Act (Fees) Amendment Regulations 2017 (LI 2017/260).

Part 1 Provisions relating to Commerce Act (Fees) Amendment Regulations 2017

1 Interpretation

In this Part,—

2017 amendment regulations means the Commerce Act (Fees) Amendment Regulations 2017

relevant amendment date means the date on which regulation 3(1) is revoked by regulation 6(1) of the 2017 amendment regulations.

2 Amendments to regulation 3 (refunds) do not apply to fees paid before amendments commence

Regulation 3, as in force immediately before the relevant amendment date, continues to apply in relation to prescribed fees that are paid before the relevant amendment date as if regulation 6 of the 2017 amendment regulations had not been made.

Marie Shroff,
Clerk of the Executive Council.

Issued under the authority of the Legislation Act 2012.

Date of notification in Gazette: 20 December 1990.

Reprints notes
1 General

This is a reprint of the Commerce Act (Fees) Regulations 1990 that incorporates all the amendments to those regulations as at the date of the last amendment to them.

2 Legal status

Reprints are presumed to correctly state, as at the date of the reprint, the law enacted by the principal enactment and by any amendments to that enactment. Section 18 of the Legislation Act 2012 provides that this reprint, published in electronic form, has the status of an official version under section 17 of that Act. A printed version of the reprint produced directly from this official electronic version also has official status.

3 Editorial and format changes

Editorial and format changes to reprints are made using the powers under sections 24 to 26 of the Legislation Act 2012. See also http://www.pco.parliament.govt.nz/editorial-conventions/.

4 Amendments incorporated in this reprint

Commerce Act (Fees) Amendment Regulations 2017 (LI 2017/260)

Commerce Act (Fees) Amendment Regulations 2012 (SR 2012/166)