The Commission has both an enforcement and adjudication role under Subpart 5 of Part 2 of the Dairy Industry Restructuring Act 2001 (DIR Act).
The purpose Subpart 5 of Part 2 is to promote the efficient operation of dairy markets in New Zealand.The DIR Act provides for the regulatory and structural reform of the dairy industry by authorising:
- the amalgamation of New Zealand’s two largest dairy co-operatives – New Zealand Co-operative Dairy Company Limited and Kiwi Co-operative Dairies Limited – into Fonterra Co-operative Group Limited; and
- the resulting ownership by Fonterra of all the shares in the New Zealand Dairy Board.
In relation to the dairy industry, the Commission:
- provides determinations on disputes with Fonterra about the application of Subpart 5 of Part 2 of the DIR Act, or any regulations made under section 115 of the DIR Act; and
- undertakes investigations in relation to Subpart 5 of Part 2 of the DIR Act.
In addition, the dairy industry is subject to the provisions of the Commerce Act and the Fair Trading Act.