New Zealand Acts

COMMERCE ACT 1986 - SECT 91

91 Appeals in relation to determinations by Commission

1 There is a right of appeal to the High Court under this subsection against any determination of the Commission under this Act, other than the following:

a) a determination, or any part of a determination, made under section 52P (a
"section 52P determination" ) that sets out—

i) how information disclosure regulation or negotiate/arbitrate regulation applies to regulated suppliers; or

ii) the default price-quality path that applies to regulated suppliers:

b) an input methodology determination (as defined in section 52Z , and for which a separate appeal right is given under that section).

1A An appeal against a section 52P determination may not include an appeal against all or part of an input methodology, whether on a point of law or any other ground.

1B There is a right of appeal to the High Court on a question of law against any determination of the Commission under this Act (including a determination referred to in subsection (1)).

2 Every such appeal shall be made by giving notice of appeal within 20 working days after the date of the determination appealed against or within such further time as the court may allow.

Note: 1975 No 113 s 42

History: Section 91(1): substituted, on 14 October 2008, by section 17 of the Commerce Amendment Act 2008 (2008 No 70).   Section 91(1A): inserted, on 14 October 2008, by section 17 of the Commerce Amendment Act 2008 (2008 No 70).     Section 91(1B): inserted, on 14 October 2008, by section 17 of the Commerce Amendment Act 2008 (2008 No 70).