have reliable and cost-effective wholesale supplies of groceries (either through wholesale supply provided by regulated grocery retailers, directly arranging supply from suppliers, or other channels, or any combination of those channels); and

have reasonable access to the benefits of the scale, and the efficiency, of operations of regulated grocery retailers and their associated persons.

the Commission may hold an inquiry under subpart 3 into whether the wholesale supply of groceries should be subject to additional regulation, and, if so, what type or types of additional regulation should apply:

if the Commission is satisfied of the matters in section 58(1), it may make a determination under subpart 4 that imposes additional regulation (whether or not an inquiry has been held). The following 2 types of additional regulation may be imposed under that subpart:

the Commission may recommend to the Minister that additional regulation be imposed by an Order in Council under subpart 5:

if the Minister is satisfied of the matters in section 77(1), the Minister may decide to recommend additional regulation under subpart 5. The Minister may make a recommendation regardless of whether the Commission has recommended the additional regulation. If the Minister makes a recommendation, an Order in Council may impose either or both of the following types of additional regulation:

the Commission must make a determination under subpart 6 that specifies how the applicable type or types of additional regulation under subpart 5 apply.

the desirability that each regulated grocery retailer’s wholesale prices reflect efficient costs, taking into account the following:

the desirability that wholesale customers have reasonable access to any discounts, payments, or rebates made available to a regulated grocery retailer directly or indirectly by, or on behalf of, a supplier in connection with either or both of the following:

the desirability that each regulated grocery retailer’s wholesale offering provides reliable and cost-effective access to the range of wholesale groceries, at the quantity and frequency, that are or are likely to be demanded by wholesale customers (see subsection (2)):

the desirability that the quality of groceries supplied under each regulated grocery retailer’s wholesale offering, and the quality of any ancillary service, is reasonable, having regard to the price of the groceries or the charge for the service:

the desirability that regulated grocery retailers, suppliers, and wholesale customers operate in an efficient wholesale market in which reliable, clear, and comparable information about wholesale supply and demand is available:

the desirability of regulated grocery retailers, suppliers, and wholesale customers being able to invest and innovate for the long-term benefit of consumers:

the desirability of regulated grocery retailers and suppliers acting in a way that does not unduly hinder or obstruct wholesale customers and suppliers from developing and maintaining their own trading relationships for any commercial purpose, including—

the desirability of suppliers retaining reasonable control over the channels for the retail sale of their own products and brands:

the desirability of the grocery industry including a diverse range of suppliers and wholesale customers.

supplies (or resupplies) the groceries by way of sale or exchange; or

arranges an agreement for the supply (or resupply) of the groceries by way of sale or exchange to 1 or more other persons.

Foodstuffs North Island Limited:

Foodstuffs South Island Limited:

Woolworths New Zealand Limited:

a person that is designated as a regulated grocery retailer under section 23:

a person that is any of the following in relation to a person (A) referred to in paragraphs (a) to (d):

the Commission has given the Minister a recommendation about whether A should be designated; and

the Minister has had regard to the Commission’s recommendation; and

A has been carrying on business as a grocery retailer in the whole or any part of New Zealand for 5 years or more.

accept the Commission’s recommendation that A be designated if the Minister is satisfied that the criteria set out in section 25(2)(b) are met:

reject the Commission’s recommendation that A be designated:

request that the Commission reconsider any matter (such as an error, an oversight, or competing policy interests):

reject the Commission’s recommendation that A not be designated and decide to recommend that A be designated if the Minister considers it is in the public interest:

accept the Commission’s recommendation that A not be designated.

A acquires (directly or indirectly) the whole or any significant part of the business of a regulated grocery retailer referred to in section 22(a) to (d) (or of a successor of such a regulated grocery retailer); or

a significant number of the franchisees or transacting shareholders of a regulated grocery retailer referred to in section 22(a) to (d) (or of a successor of such a regulated grocery retailer) become the franchisees or transacting shareholders of A.

publish a statement of its reasons for proposing to make a recommendation; and

consult the persons, or the representatives of the persons, that the Commission considers will be substantially affected by the recommendation (including A); and

be satisfied that—

a person (A) referred to in section 22(a) to (d); and

each person (B) that is any of the following:

take all reasonable steps to ensure that B complies with the duty; or

perform the duty on B’s behalf.

the contravention was due to the act or default of A; and

B reasonably believed that A would perform the duty on B’s behalf; and

B took all reasonable steps to ensure that the duty was complied with.

A; or

1 or more persons that are a person B; or

both A and 1 or more persons that are a person B.

A; or

1 or more persons that are a person B; or

both A and 1 or more persons that are a person B.

consider the request in a reasonable manner; and

respond to communications from the wholesale customer in a timely manner; and

ensure that communications about the request are not false or misleading, and are not likely to mislead or confuse, in a material particular.

establish and implement effective rules, criteria, and procedures for considering wholesale supply requests; and

give a copy of those rules, criteria, and procedures to the Commission; and

publish a copy of those rules, criteria, and procedures.

within 2 months after this section comes into force if it is a regulated grocery retailer on the day on which this section comes into force; or

within 6 months after it becomes a regulated grocery retailer under section 22(e) after this section comes into force (otherwise than as a result of an Order in Council being made under section 23); or

within the period specified in an Order in Council made under section 23 in any other case.

take all reasonable steps to comply with the rules, criteria, and procedures referred to in section 31; and

regularly review and, if necessary, amend those rules, criteria, and procedures to ensure that they continue to comply with this Act (including the requirements of any determination made under this subpart).

to the extent that is reasonably practicable, establish and implement standard terms and conditions for the wholesale supply of groceries; and

to the extent that particular terms and conditions for the wholesale supply of groceries are not standardised (for example, price), establish principles for determining the basis on which the regulated grocery retailer will make offers, or respond to offers, in relation to those terms and conditions; and

give a copy of those standard terms and conditions, and those principles, to the Commission; and

publish a copy of those standard terms and conditions and those principles.

within 2 months after this section comes into force if it is a regulated grocery retailer on the day on which this section comes into force; or

within 6 months after it becomes a regulated grocery retailer under section 22(e) after this section comes into force (otherwise than as a result of an Order in Council being made under section 23); or

within the period specified in an Order in Council made under section 23 in any other case.

take all reasonable steps to use the standard terms and conditions referred to in section 33; and

to the extent that particular terms and conditions are not standard, take all reasonable steps to use terms and conditions that are consistent with the principles referred to in section 33; and

regularly review and, if necessary, amend those standard terms and conditions and those principles to ensure that they continue to comply with this Act (including the requirements of any determination made under this subpart).

notify the Commission of each wholesale supply request that it has received; and

notify the Commission of the outcome of the wholesale supply request; and

if the regulated grocery retailer accepts the wholesale supply request, give the Commission a copy of each wholesale agreement; and

if the regulated grocery retailer declines the wholesale supply request, notify the Commission of the reasons for declining the request.

within 1 month after the request is received, the outcome is determined, or the request is accepted or declined (as the case may be); or

within a shorter or longer period prescribed in a determination made under this subpart.

notify the Commission of—

give the Commission a copy of the variation or the agreement as varied.

the cancellation; and

the reasons for the cancellation (to the extent that the regulated grocery retailer knows the reasons).

within 1 month after the agreement is varied or cancelled (as the case may be); or

within a shorter or longer period prescribed in a determination made under this subpart.

is in writing; and

is expressed in plain language in a clear, concise, and intelligible manner.

each wholesale agreement specifies a method or methods (a pricing or charging method) by which the prices of groceries, or charges for ancillary services (if any), supplied under the agreement are to be calculated; and

the prices of groceries, and the charges for ancillary services, supplied under the wholesale agreement are calculated using a pricing or charging method.

in a manner that is beneficial to the wholesale customer; or

in accordance with a determination issued under this subpart; or

in a manner that is not to the detriment of the wholesale customer and has the wholesale customer’s agreement.

within 3 months after this section comes into force if it is a regulated grocery retailer on the day on which this section comes into force; or

within 6 months after it becomes a regulated grocery retailer under section 22(e) after this section comes into force (otherwise than as a result of an Order in Council being made under section 23); or

within the period specified in an Order in Council made under section 23 in any other case.

must ensure that its wholesale agreements do not unduly hinder or obstruct a wholesale customer from developing or maintaining its own trading relationship with any supplier; and

must not engage in any conduct that has the purpose, effect, or likely effect of unduly hindering or obstructing—

must not engage in any conduct that has the purpose, effect, or likely effect of—

has the meaning set out in section 21(1); but

does not include a member of the same group as A (unless a determination made under this subpart provides otherwise).

in connection with either or both of the following:

that meets the requirements specified in a determination made under this subpart (if any).

when, where, and how the duty must be complied with:

what information or other evidence or documents must be provided in connection with the duty:

requirements with which information, evidence, or documents that are provided in connection with the duty must comply:

matters for the purposes of section 33(2A):

how a regulated grocery retailer may vary a pricing or charging method specified in a wholesale agreement (see section 38):

for the purposes of section 40 or 40A, the circumstances in which a member of the same group as a regulated grocery retailer must be treated as being a wholesale customer:

requirements for the purposes of section 40A(2)(b):

modifications for the purposes of clause 2 of Schedule 1.

doing so is necessary or desirable in order to promote the purpose of this Part; and

the extent of the exemption is not broader than is reasonably necessary to address the matters that gave rise to the exemption.

publish a draft determination; and

publish a statement of its reasons for proposing to make a determination; and

consult persons, or representatives of the persons, that the Commission considers will be substantially affected by the determination.

the nature of the amendment is technical and non-controversial; or

the amendment is necessary or desirable to ensure that the determination is consistent with any other determination made under this Part; or

it is necessary or desirable in the public interest that the amendment be made urgently.

the Commission must publish a statement of its reasons for acting under that paragraph; and

the amendment must be treated as revoked 9 months after it comes into force, unless it is earlier revoked (but this paragraph does not prevent the Commission from making the amendment again).

must carry out an inquiry if required to do so by the Minister; and

may carry out an inquiry on its own initiative (whether when preparing a report under section 168 or at any other time).

be in writing; and

specify the date by which the Commission must give a report under section 53 to the Minister.

whether the wholesale supply of groceries and any ancillary services should be subject to additional regulation and, if so, what additional regulation should apply:

if additional regulation already applies, whether the additional regulation should be amended, revoked, or replaced and, if so, how the additional regulation should be amended, revoked, or replaced:

whether any other regulation or action may be necessary or desirable to promote the purpose of this Act.

the Commission may make a determination under subpart 4 (wholesale frameworks and wholesale code) regardless of whether an inquiry has been held; and

see sections 78(2) and 79, which clarify that the Minister may make a recommendation under subpart 5 in relation to non-discriminatory terms or specified access terms regulation regardless of whether the Commission has recommended that an Order in Council be made.

whether any of the tests in section 58(1) or 77(1) are satisfied (or are still satisfied); and

if the test or tests are satisfied (or are still satisfied), whether the wholesale supply of groceries and any ancillary services should be subject to (or should continue to be subject to) additional regulation; and

if so, what additional regulation should apply (or continue to apply), including—

if requested by the Minister, whether the test in section 107B(1)(a) is satisfied.

how a type or types of additional regulation should apply (or continue to apply):

whether any other regulation or action may be necessary or desirable to promote the purpose of this Act (see section 51(2)).

assess the benefits of applying (or continuing) different types of additional regulation; and

consider what would be the most cost-effective type or types of additional regulation in the circumstances.

the purpose of the inquiry is limited to considering that matter; and

subsections (1)(a) to (c) and (3) and section 51(1)(b) and (c) do not apply.

records its findings from the inquiry; and

sets out whether the Commission intends to impose, amend, revoke, or replace—

sets out any recommendation to the Minister in relation to an Order in Council under subpart 5.; and

sets out any recommendation to the Minister in relation to regulations under subpart 7A.

changes to legislation or other instruments:

changes to the policies or practices of central or local government:

changes to the amount or type of information made available by a person in relation to the grocery industry:

a person researching or monitoring a specified matter:

persons within the grocery industry changing their behaviour.

publish a draft report; and

allow a reasonable time for comments on the draft.

give the final report on the inquiry to the Minister as soon as practicable after completing it (whether as a separate report or as part of its annual report under section 168); and

at least 10 working days later, publish the final report.

must have regard to any recommendation made to the Minister in the final report; and

may do 1 or more of the following:

publish a response to the report that sets out the Government’s intentions in relation to the report (including the Minister’s intentions under section 55(1)(b)); and

present the response to the House of Representatives.

requires 1 or more regulated grocery retailers to establish, implement, and maintain, in the manner set out in the determination, a framework for the wholesale supply of groceries and any ancillary services (a wholesale framework):

sets out a grocery wholesale industry participation code (the wholesale code):

provides that a wholesale framework is not required to include a matter under section 64(1)(a) or (b):

provides for matters under section 64(3):

provides, for the purposes of section 47, that a duty under subpart 2 does not apply to a specified person or class of persons:

provides for when a regulated grocery retailer is allowed to act under section 110 and any terms and conditions for acting under that section (for example, a condition requiring a regulated grocery retailer to resume supply after a specified period, after the wholesale customer complies with specified requirements, or in other specified circumstances):

prescribes modifications or other matters for the purposes of clause 1 of Schedule 1.

all regulated grocery retailers, a particular regulated grocery retailer, or a class of regulated grocery retailers:

all wholesale customers, a particular wholesale customer, or a class of wholesale customers.

the Commission may make the determination only if the Commission (in addition to being satisfied of the matters in section 58(1)) is satisfied that the duty is no longer necessary or desirable in order to promote the purpose of this Part (after taking into account any additional regulation that has been imposed):

the duty may be disapplied subject to the terms and conditions that the Commission thinks fit (if any).

that doing so is necessary or desirable in order to promote the purpose of this Part; and

that—

a regulated grocery retailer has failed to do either or both of the following within 3 months after subpart 2 comes into force:

a regulated grocery retailer has failed to comply with section 39(1) (putting in place systems and processes for the wholesale supply of groceries) within 6 months after subpart 2 comes into force:

on the first anniversary of subpart 2 coming into force, a regulated grocery retailer (A) has not entered into or arrived at any wholesale agreements at all, in circumstances where—

on the first anniversary of subpart 2 coming into force,—

A has taken all reasonable steps to enter into or arrive at 1 or more wholesale agreements that materially contribute towards achieving the purpose of this Part; but

A has failed to do so—

A; or

A and some or all other regulated grocery retailers (regardless of whether the other regulated grocery retailers have failed to comply with any obligations under subpart 2).

publish a draft determination; and

publish a statement of its reasons for proposing to make a determination; and

consult persons, or representatives of the persons, that the Commission considers will be substantially affected by a determination.

the nature of the amendment is technical and non-controversial; or

the amendment is necessary or desirable to ensure that the determination is consistent with any other determination made under this Part; or

it is necessary or desirable in the public interest that the amendment be made urgently.

the Commission must publish a statement of its reasons for acting under that paragraph; and

the amendment must be treated as revoked 9 months after it comes into force, unless it is earlier revoked (but this paragraph does not prevent the Commission from making the amendment again).

prepare a draft wholesale framework; and

consult the following on the draft wholesale framework:

provide a final wholesale framework to the Commission; and

ensure that the final wholesale framework complies with section 64.

set out how it will make decisions about pricing, range, quantity, frequency, and terms and conditions in connection with the wholesale supply of groceries and any ancillary services, including specifying the basis for all costs that it will use to arrive at wholesale prices for groceries and charges for ancillary services (if any); and

specify all inputs, assumptions, and processes in connection with those decisions; and

comply with all requirements set out in a direction under section 66; and

comply with all other requirements set out in the determination under section 57(1)(a).

a determination under section 43A exempts A, or a class of persons that includes A, from compliance with the duty; or

a determination under section 57(1)(d) provides that the duty does not apply to A or a class of persons that includes A.

it is satisfied that it is necessary or desirable to do so in order to promote the purpose of this Part or to achieve closer alignment of the wholesale framework with the principle set out in section 19; and

it has consulted the regulated grocery retailer.

complete a first review of each wholesale framework within 3 years after the framework comes into effect; and

give the Minister a report on that review as soon as practicable after completing it.

must review a wholesale framework and give the Minister a report on that review at any subsequent time required by the Minister; and

may review a wholesale framework and give the Minister a report on that review at any other time.

assess the operation and effectiveness of the wholesale framework; and

assess whether a determination or direction under this subpart should be made or amended, revoked, or replaced.

may give the Minister a report under this section as a separate report or as part of its annual report under section 168; and

at least 10 working days later, must publish the report.

regulate or prohibit any conduct in connection with—

specify any requirements about the content or form of a wholesale agreement, including—

regulate or prohibit any conduct in connection with supplying groceries or any ancillary services under a wholesale agreement:

regulate or prohibit any conduct in connection with—

specify in relation to a supply agreement what terms or conditions must be included, what terms or conditions must not be included, and what terms or conditions may only be included if certain requirements are met:

impose any other duty on a regulated grocery retailer or supplier to ensure that they act in a manner that is consistent with—

regulate, deal with, or otherwise relate to any of the matters referred to in sections 29 to 40A:

impose any other duty on a regulated grocery retailer or wholesale customer to ensure that they act in a manner that is consistent with the principle set out in section 19.

it is satisfied that the provisions are necessary or desirable to promote the principle set out in section 20(1)(aa) (wholesale customers having reasonable access to certain discounts, payments, or rebates); or

it is satisfied that—

complete a first review of the wholesale code within 3 years after the code comes into force; and

give the Minister a report on that review as soon as practicable after completing it.

must review the wholesale code and give the Minister a report on that review at any subsequent time required by the Minister; and

may review the wholesale code and give the Minister a report on that review at any other time.

assess the operation and effectiveness of the wholesale code; and

assess whether the wholesale code should be amended, revoked, or replaced.

may give the Minister a report under this section as a separate report or as part of its annual report under section 168; and

at least 10 working days later, must publish the report.

requires 1 or more regulated grocery retailers to supply groceries, or specified classes of groceries, on non-discriminatory terms in accordance with a determination made under section 84:

requires 1 or more regulated grocery retailers to supply groceries, or specified classes of groceries, in accordance with specified access terms regulation (as specified in a determination made under section 90):

imposes requirements to facilitate the operation of any requirements under paragraph (a) or (b), including any accounting, financial reporting, and operational separation requirements:

prescribes modifications or other matters for the purposes of clause 1 of Schedule 1.

making the order is necessary or desirable in order to promote the purpose of this Part; and

the wholesale offerings of groceries provided by 1 or more regulated grocery retailers (in relation to any 1 or more of price, range, quantity, frequency, or any terms or conditions) are not consistent with wholesale offerings provided in a competitive wholesale market.

the Commission has carried out an inquiry under subpart 3 (including giving a final report under section 53); and

the Minister has had regard to the recommendations made to the Minister in the final report (as required by section 55(1)(a)); and

in a case where the Minister makes a request under section 79(1A), the Minister has received the Commission’s advice following the request.

the nature of the amendment is technical and non-controversial; or

it is necessary or desirable in the public interest that the amendment be made urgently.

the Minister must publish a statement of the Minister’s reasons for acting under that paragraph; and

the amendment must be treated as revoked 9 months after it comes into force, unless it is earlier revoked (but this paragraph does not prevent an Order in Council from making the amendment again).

an Order in Council made under this subpart; and

a determination made under subpart 6.

the grounds set out in a determination for the purposes of this section apply; and

the supplier opts out in the manner specified in the determination.

the operational separation of a regulated grocery retailer (A), including any of the following:

A supplying groceries, or specified classes of groceries, to 1 or more wholesale customers on terms and conditions that are transparent and equivalent to terms and conditions on which A supplies itself or associated persons or other wholesale customers, except to the extent that a particular difference in treatment is objectively justifiable and does not lessen, and is unlikely to lessen, competition in any grocery market:

A’s systems, procedures, and processes in connection with 1 or more of the following:

any other duties on A or 1 or more wholesale customers to facilitate or support the operation of any matters under paragraphs (a) to (c) (for example, duties relating to minimum standards of demand forecasting, the duration of purchases, and minimum orders):

matters for the purposes of section 82, including—

when a regulated grocery retailer is allowed to act under section 110 and any terms and conditions for acting under that section (for example, a condition requiring a regulated grocery retailer to resume supply after a specified period, after the wholesale customer complies with specified requirements, or in other specified circumstances).

publish a draft determination; and

publish a statement of its reasons for proposing to make a determination; and

consult persons, or representatives of the persons, that the Commission considers will be substantially affected by the determination.

the nature of the amendment is technical and non-controversial; or

the amendment is necessary or desirable to ensure that the determination is consistent with any other determination made under this Part; or

it is necessary or desirable in the public interest that the amendment be made urgently.

the Commission must publish a statement of its reasons for acting under that paragraph; and

the amendment must be treated as revoked 9 months after it comes into force, unless it is earlier revoked (but this paragraph does not prevent the Commission from making the amendment again).

an employee is transferred within a regulated grocery retailer (A) to a new business unit on the implementation of a requirement for operational separation under a determination made under this subpart; and

the determination applies this section to the employee (whether by reference to a class of employees or otherwise).

implementing the operational separation does not affect any employment agreement between A and an employee of A; and

the employee of A continues to be an employee of A and, for the purposes of every Act or other law, award, determination, and agreement relating to the employment of the employee,—

the terms and conditions of the employment of the employee with A are (until varied) identical to the terms and conditions of their employment before the operational separation is implemented; and

the employee is not entitled to receive any payment or other benefit by reason only of A implementing the operational separation.

complete a first review of a determination under section 84 within 3 years after the determination comes into force; and

give the Minister a report on that review as soon as practicable after completing it.

must review a determination under section 84 and give the Minister a report on that review at any subsequent time required by the Minister; and

may review that determination and give the Minister a report on that review at any other time.

assess the operation and effectiveness of the determination; and

assess whether the determination should be amended, revoked, or replaced.

may give the Minister a report under this section as a separate report or as part of its annual report under section 168; and

at least 10 working days later, must publish the report.

specify sufficient terms and conditions to ensure that—

identify the wholesale customers or classes of wholesale customers that are eligible to make a request to a regulated grocery retailer for the wholesale supply of groceries under the determination; and

state the time frames within which a regulated grocery retailer must make available the wholesale supply of groceries under the determination; and

specify the duration of the determination, which must be not more than 7 years (but see subsection (3)).

by name:

by description:

by specifying eligibility criteria:

any other way the Commission thinks fit.

1 or more of the following with respect to supplying groceries or ancillary services:

the quality standards that a regulated grocery retailer must meet (for example, delivery time frames and out-of-stock frequency):

terms and conditions relating to access to wholesale supply of groceries and any ancillary services from a regulated grocery retailer (for example, terms or conditions relating to payment, credit, minimum purchase amounts or quantities, and demand forecasting):

a regulated grocery retailer’s systems, procedures, and processes in connection with 1 or more of the following:

any other duties on 1 or more regulated grocery retailers or wholesale customers to facilitate or support the operation of the determination:

any other duties on 1 or more regulated grocery retailers or wholesale customers to ensure that they act in a manner that is consistent with the principle set out in section 19:

matters for the purposes of section 82, including—

when a regulated grocery retailer is allowed to act under section 110 and any terms and conditions for acting under that section (for example, a condition requiring a regulated grocery retailer to resume supply after a specified period, after the wholesale customer complies with specified requirements, or in other specified circumstances).

include incentives for a particular regulated grocery retailer to maintain or improve its quality of wholesale supply of groceries or any ancillary services:

include any matter contained in a specified access terms proposal:

prescribe modifications or other matters for the purposes of clause 1 of Schedule 1.

the nature of the amendment is technical and non-controversial; or

the amendment is necessary or desirable to ensure that the determination is consistent with any other determination made under this Part; or

it is necessary or desirable in the public interest that the amendment be made urgently.

the Commission must publish a statement of its reasons for acting under that paragraph; and

the amendment must be treated as revoked 9 months after it comes into force, unless it is earlier revoked (but this paragraph does not prevent the Commission from making the amendment again).

give written notice to 1 or more regulated grocery retailers requiring them to submit to the Commission, by the date specified in the notice, a specified access terms proposal that complies with section 96; and

publish the notice.

specify sufficient terms and conditions that cover the matters set out in section 91; and

provide an explanation of, and reasons for, those terms and conditions; and

be consistent with the principle set out in section 19; and

comply with any additional requirements that the Commission has specified under section 95.

fails to comply with this section; or

is submitted late.

publish the specified access terms proposal; and

consult on the specified access terms proposal with the persons, or representatives of the persons, that the Commission considers will be substantially affected by the determination.

give written notice to 1 or more other regulated grocery retailers under section 95:

act under section 97 in relation to any other specified access terms proposal submitted by any regulated grocery retailer:

publish and consult on a draft determination under section 99 even though it has not received a compliant specified access terms proposal from A.

publish a draft determination; and

publish a statement of its reasons for proposing to make a determination; and

consult the persons, or representatives of the persons, that the Commission considers will be substantially affected by the determination.

complete a first review of a determination under section 90 within 3 years after the determination comes into force; and

give the Minister a report on that review as soon as practicable after completing it.

must review a determination under section 90 and give the Minister a report on that review at any subsequent time required by the Minister; and

may review that determination and give the Minister a report on that review at any other time.

assess the operation and effectiveness of the determination; and

assess whether the determination should be amended, revoked, or replaced.

may give the Minister a report under this section as a separate report or as part of its annual report under section 168; and

at least 10 working days later, must publish the report.

any amount payable by a wholesale customer to a regulated grocery retailer (A) under the determination is recoverable by A in any court of competent jurisdiction as a debt due to A; and

see sections 110 and 111 for other matters relating to a contravention of a determination.

the Commission may make the determination only if the Commission is satisfied that the duty is no longer necessary or desirable in order to promote the purpose of this Part (after taking into account any additional regulation that has been imposed):

the duty may be disapplied subject to the terms and conditions that the Commission thinks fit.

monitor the level of retail grocery market concentration; and

promptly notify the Minister if the retail grocery market concentration is at or below the threshold prescribed under section 103 for 2 consecutive years; and

after it notifies the Minister under paragraph (b), start to carry out a review.

the operation and effectiveness of this Part:

whether any amendments to this Part are necessary or desirable to promote the purpose of this Act:

the operation and effectiveness of any additional regulation:

whether additional regulation is necessary or desirable or whether it is necessary or desirable to amend or revoke any additional regulation.

describe the state of competition that exists in the New Zealand grocery industry, including retail and wholesale parts; and

set out the Commission’s views on the matters set out in section 104(2).

may give the Minister a report under this section as a separate report or as part of its annual report under section 168; and

at least 10 working days later, must publish the report.

issue a response to the report that sets out the Government’s intentions in relation to this Part; and

present the response to the House of Representatives.

providing for any provision or provisions of subpart 2 to not not to apply in relation to 1 or more regulated grocery retailers and 1 or more categories of groceries:

provide providing for terms and conditions of a disapplication under paragraph (a).

the Minister is satisfied that making the regulations is necessary or desirable in order to promote the purpose of this Act; and

the Commission has carried out an inquiry under subpart 3 (including giving a final report under section 53); and

the Commission has recommended that the regulations be made in that final report.

carries out an inquiry under subpart 3:

develops any other determination under this Part:

prepares a report under section 168.

the wholesale customer has seriously or persistently contravened requirements imposed on it under the determination; and

either—

A’s contravention was caused by a wholesale customer contravening 1 or more requirements imposed under a determination made under subpart 4 or 6; and

A took all reasonable steps to comply with section 65, 71, or 81.