Imposition of Control

52 When control may be imposed Goods or services may be controlled if -

    (a) the goods or services are, or will be, supplied or acquired in a market in which competition is limited or is likely to be lessened; and

    (b) it is necessary or desirable for those goods or services to be controlled either -

        (i) in the interests of persons acquiring the goods or services (whether directly or indirectly), if the goods or services are acquired from a person who faces limited or lessened competition for the supply of those goods or services; or

        (ii) in the interests of suppliers, if the goods or services are supplied to a person who faces limited or lessened competition for the acquisition of those goods or services.

53 How control can be imposed

    (1) Goods or services are controlled if an Order in Council declares that they are controlled.

    (2) The Governor-General may make an order on the recommendation of the Minister.

    (3) The Minister must not make a recommendation unless the Minister is satisfied that the goods or services may be controlled under section 52.

    (4) The Minister may make a recommendation on his or her own initiative or following a report from the Commission.

54 Minister may seek advice from Commission as to Thresholds for imposing controls

    (1) The Minister may require the Commission to advise him or her on the thresholds that would assist him or her in assessing whether goods or services should be controlled under section 52.

    (2) Thresholds can be expressed in quantitative or qualitative terms.

    (3) If the Minister requires advice on thresholds under this section, -

        (a) the requirement must be in writing; and

        (b) the requirement must specify the date by which the Commission must provide the advice; and

        (c) the Commission must advise accordingly.

    (4) The Minister must publish the Commission's advice in a manner that he or she considers appropriate.

55 Effect of control being imposed

    (1) No person may supply any controlled goods or services unless -

        (a) an authorisation under section 70 or section 71, or an undertaking under section 72, has come into effect in respect of those goods or services; and

        (b) the goods or services are supplied in compliance with the authorisation or undertaking.

    (2) A provision of a contract or a covenant that contravenes subsection (1) is not enforceable.

Miscellaneous provisions

56 Reports from Commission to Minister about controls

    (1) The Commission may report to the Minister on whether or not an Order in Council under section 53 should be made, amended, or revoked.

    (2) The Commission may have regard, in considering a report, to all matters it considers necessary or desirable.

    (3) The Commission may report at any time on its own initiative or following a request from the Minister.

    (4) If the Minister requests a report, -

        (a) the request must be in writing; and
        (b) the request must specify the date by which the Commission must report; and
        (c) the Commission must report accordingly.

    (5) The Minister must publish the Commission's report in a manner that he or she considers appropriate.

    (6) Section 70E applies when the Commission is making a report As if the goods or services subject to the report were controlled Goods or services, and with any other necessary modifications.

57 Commission process

    (1) Before giving any advice to the Minister on thresholds under section 54 or making any report under section 56, the Commission must -

        (a) publish its intention to do so and invite interested persons to give their views on the matter; and

        (b) give a reasonable opportunity to interested persons to give those views; and

        (c) have regard to those views.

    (2) The notice of intention must -

        (a) be published in the Gazette and in any other manner (if any) that the Commission considers appropriate; and

        (b) specify the matter to which the advice or report will relate; and

        (c) invite interested persons to give their views on that matter to the Commission, and specify the time and manner within which they may do so.

57A Technical provisions relating to declaration of control

    (1) An Order in Council made under section 53 may identify the goods or services to which it relates -

        (a) by a description of the goods or services; or

        (b) by a description of the kind or class to which the goods or services belong.

    (2) The order may apply to goods or, with all necessary modifications, to services -

        (a) supplied in or for delivery within specified regions, areas, or localities in New Zealand:

        (b) supplied in different quantities, qualities, grades, or classes:

        (c) supplied by or to or for the use of different persons or classes of persons.

    (3) This section applies so that any part or element of goods or services can be dealt with separately.

    (4) The order must specify the date on which it expires.

    (5) If an order is made in the interests of suppliers, references in this Act to 'supply' and 'supplier' are to be read with any necessary modifications as if they related to the acquisition, or person acquiring, the controlled goods or services.

    (6) The order is a regulation within the meaning of the Regulations (Disallowance) Act 1989.

57B Records to be kept for control purposes

    (1) Every supplier of controlled goods or services must retain the accounts and costing records in relation to the controlled goods or services that the Commission may from time to time specify, either in relation to suppliers of those goods or services generally, or in relation to a particular supplier of the goods or services.

    (2) The supplier must retain those accounts and records for a period of 7 years from the date on which the goods or services to which they relate cease to be controlled goods or services.

57C Other Acts relating to price control not affected

    Nothing in this Part and Part V limits or affects the exercise by any person of any power to authorise the prices for, or impose controls on, goods or services under any other Act.