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December 2005

Telecommunications Act: Commerce Commission releases draft TSO cost calculation

23 December 2005

The Commerce Commission has released its draft determination on the calculation of Telecom New Zealand Limited's net cost of complying with its telecommunication service obligations (TSO) for the period 1 July 2003 to 30 June 2004 (the end of Telecom's financial year). The Commission has calculated the cost for that period to be $41.2 million.

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Commission asks Interislander to stop fuel surcharge

23 December 2005

The Commerce Commission has asked the Interislander ferry service to stop advertising its fares with a separate three dollar per person "fuel surcharge", saying the company should be incorporating the cost of fuel into its overall prices.

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Fonterra's transport charge not reasonable: Commission

23 December 2005

The Commerce Commission has published its final determination in a dispute over transport costs paid by the Waharoa-based Open Country Cheese Company Limited when it purchases raw milk from Fonterra.

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Commerce Commission delivers for consumers

23 December 2005

2005 has been a busy year for the Commerce Commission, with some great results for New Zealand consumers.

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Draft report recommends regulation of mobile termination

22 December 2005

The Commerce Commission has released its draft report to the Minister of Communications recommending that termination of fixed line voice calls on a cellular telephone network - known as 'mobile termination' - be regulated.

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Intention to declare control of Transpower's transmission services

22 December 2005

The Commerce Commission today published its intention to declare control of the electricity transmission services supplied by Transpower New Zealand Limited, the owner and operator of the national grid.

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Commission declines application from Energy Market Services for clearance

21 December 2005

The Commerce Commission has declined to grant clearance for Energy Market Services Limited (EMS) to acquire all of the shares of The Marketplace Company (M-co).

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TelstraClear will have bitstream access: Commission

20 December 2005

The Commerce Commission has released a final determination under the Telecommunications Act providing TelstraClear with regulated access to a wholesale bitstream service supplied by Telecom.

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Decision on resale of Telecom broadband services for business

12 December 2005

The Commerce Commission has released its final determination under the Telecommunication Act on resale by TelstraClear Limited of several Telecom broadband retail services for business.

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Wellington Pathology and Valley Diagnostics apply to the Commission for clearance

9 December 2005

The Commerce Commission has received an application from Wellington Pathology Limited and Valley Diagnostic Laboratories Limited seeking clearance for a proposed merger of Wellington Pathology and Valley Diagnostic's diagnostic laboratory services businesses in the Hutt Valley and Capital & Coast District Health Board (DHB) districts.

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November 2005

Sky applies for clearance to acquire Prime Television

30 November 2005

The Commerce Commission has received an application from Sky Network Television Limited seeking clearance to acquire the television broadcasting business of Prime Television New Zealand Limited (Prime).

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Gallagher cleared to acquire the business assets of Greyson Gates

30 November 2005

The Commerce Commission has cleared Gallagher Group Limited to acquire all of the business assets of Greyson Gates Limited.

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Reckitt Benckiser cleared to acquire Boots Healthcare International

30 November 2005

The Commerce Commission has cleared Reckitt Benckiser plc to acquire the shares, manufacturing assets and intellectual property of Boots Healthcare International (BHI).

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Fonterra applies for clearance to acquire the shares in Kapiti Fine Foods and United Milk

29 November 2005

The Commerce Commission has received an application from Fonterra Co-operative Group Limited seeking clearance to acquire the shares in Kapiti Fine Foods Limited and United Milk Limited from Foodstuffs (Wellington) Co-operative Society Limited.

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TradeMe warned over unsafe cots

28 November 2005

TradeMe and five of its customers have been warned by the Commerce Commission about offering unsafe cots for sale over the internet-based trading site.

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Court dismisses Unison's challenge to electricity thresholds

28 November 2005

The High Court has dismissed challenges by Unison Networks Limited to the Commerce Commission's thresholds for large electricity lines businesses.

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GE Finance applies for clearance to acquire the business and assets of Pacific Retail's Finance Group

28 November 2005

The Commerce Commission has received an application from GE Finance and Insurance Limited seeking clearance to acquire Pacific Retail's Finance Group, made up of the business and assets of Pacific Retail Services Limited; Pacific Retail Finance Limited; Montreal Financial Services Limited; and 100% of the shares of Simply Insurance New Zealand Limited.

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Telecom withdraws radio spectrum application

25 November 2005

Telecom New Zealand Limited has withdrawn its s66 clearance application to acquire the radio spectrum management rights, known as MED radio frequency auction No 5 lot 01 WLL 06, from Counties Power Limited.

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Transpower price rises must be justified: Commerce Commission

25 November 2005

Yesterday Transpower, the electricity transmission company which runs the national grid, announced its intention to increase transmission charges by 19 percent from June 2006, and follow this with annual increases of up to 13 percent a year for a further four years.

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Commission settles with TelstraClear on unauthorised switching

24 November 2005

TelstraClear has agreed to change its approach to telemarketing and audit its compliance with the Fair Trading Act after a Commerce Commission investigation found that it had switched customers to the TelstraClear network without their consent. The practice is known as "unauthorised switching."

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Essilor cleared to acquire two optical processing laboratories

24 November 2005

The Commerce Commission has cleared Essilor New Zealand Ltd to acquire up to 100% of shares in Optical Laboratories NZ Ltd and all shares in Prolab (Wellington) Ltd.

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Air New Zealand adverts misleading: Court

24 November 2005

Air New Zealand has been found guilty of breaching the Fair Trading Act by misleading customers about the real price of its airfares.

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Commerce Commission considers Fonterra not in breach in including capital profits

22 November 2005

The Commerce Commission has reached a preliminary view that Fonterra has not breached the Dairy Industry Restructuring (Raw Milk) Regulations 2001 by including capital profits in retention when calculating the wholesale milk price.

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Phone card adverts must show true costs of calls: Commission

21 November 2005

The Commerce Commission has reached a settlement with two Australian-based providers of prepaid calling cards, Cardcall Pty Ltd and Global Card Services Pty Ltd, after an investigation found that hidden costs and conditions meant customers were charged more for calls than they expected.

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Process for dealing with Vodafone's commercial offer in mobile termination reconsideration

17 November 2005

Vodafone has provided to the Commission key terms of its offer to reduce mobile termination rates as an alternative to regulation.

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Telecommunications Act: Commission decides to investigate extension of regulated services

16 November 2005

The Commerce Commission has today released its decision to investigate whether to extend the period of regulation of the thirteen telecommunications services originally incorporated within the Telecommunications Act. The Commission has decided that there are reasonable grounds to investigate ten of the thirteen services, including the interconnection, retail resale, national roaming and number portability services, and co-location on cellular mobile transmission sites. Once the investigations are complete, the Commission will recommend to the Minister of Communications whether or not to extend the period of regulation for up to a further two years.

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Commerce Commission to hold conference on intention to declare control of Unison

15 November 2005

The Commerce Commission will hold a conference to hear submissions on its intention to declare control over the electricity distribution services supplied by Unison Networks Limited.

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NZRU applies to Commission for authorisation

10 November 2005

The New Zealand Rugby Football Union Incorporated (NZRU) has applied to the Commerce Commission for authorisation to enter into a contract to which sections 27, 29 or 30 of the Commerce Act might apply. The relevant contract is the Collective Employment Agreement between the NZRU and Rugby Players Collective Incorporated, which was entered into on 1 November 2005.

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Celluslim pill promoters to pay $256,000 in fines and refunds

9 November 2005

Misleading representations about "Celluslim", a purported weight loss and cellulite reduction product, have landed Dennis O'Neill and Martini Limited with $61,000 of fines and costs and a $195,000 refund bill.

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Fonterra cleared to acquire the branded butter and spreads business of NZDF

9 November 2005

The Commerce Commission has cleared Fonterra Co-operative Group Limited to acquire from New Zealand Dairy Foods Limited (Rank Group) the 'Anchor', 'Fernleaf' and 'Country Soft' brands and associated business.

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Telecommunications Act: Broadband Monitoring

9 November 2005

The Commerce Commission has completed the fifth quarter of its monitoring of uptake of residential broadband services provided or supported by Telecom New Zealand Limited.

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Lack of labelling lands trader with conviction

7 November 2005

A clothing importer and retailer received a $15,000 fine on Friday for contravening the consumer standards for country of origin, fibre content and care instruction labelling.

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Telecom broadband target clear

4 November 2005

Telecom has been clearly informed that the target of 250,000 residential broadband connections monitored by the Commission require that more than a third of those connections will be resold Jetstream products or wholesaled bitstream services, says Telecommunications Commissioner Douglas Webb.

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Commission provides update on TSO draft determination

2 November 2005

The Commerce Commission has provided a brief update to industry on its progress towards releasing a draft determination on the telecommunications service obligations (TSO) instrument for the 2003/2004 and 2004/2005 years. The Commission has also sought comment on a range of questions related to the TSO for the 2003/2004, 2004/2005 and 2005/2006 years.

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Fake Manuka Honey trader's second prosecution

2 November 2005

A trader has been convicted for a second time for falsely labelling honey as UMF or Active Manuka honey.

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Reckitt Benckiser applies for clearance to acquire Boots Healthcare International

2 November 2005

The Commerce Commission has received an application from Reckitt Benckiser plc seeking clearance to acquire the shares, manufacturing assets and intellectual property of Boots Healthcare International.

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Gallagher applies for clearance to acquire the business assets of Greyson Gates

2 November 2005

The Commerce Commission has received an application from Gallagher Group Limited, seeking clearance to acquire all of the business assets of Greyson Gates Limited.

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October 2005

Eyes surgeons to pay $85,000 for breaching Commerce Act

28 October 2005

Four Palmerston North eye surgeons have admitted breaching the Commerce Act by fixing the prices to be paid for eye services, and have been ordered by the High Court in Wellington to pay a total of $85,000 in fines and costs.

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Financial Options warned about buy-backs

27 October 2005

The Commerce Commission has warned Financial Options Group and its director Anton Keane that they may be breaching the Credit Contracts and Consumer Finance Act with house buy-back schemes in Auckland.

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Commission releases Draft Guidelines on Estimating the Cost of Capital

27 October 2005

The Commerce Commission has published Draft Guidelines: The Commerce Commission's Approach to Estimating the Cost of Capital on its website.

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Commission reminds retailers: new means new

20 October 2005

The Commerce Commission is reminding retailers that they can't sell used goods or demonstration models as new.

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Electricity Lines Business Decision Papers released on website

17 October 2005

The Commerce Commission has published a Decision Paper on the Review of the Information Disclosure Regime and a Decision Paper on Valuation of the Regulatory Asset Base on its website.

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Commission targets consumer credit industry

14 October 2005

The Commerce Commission has visited fifty credit providers in Auckland, Wellington and Christchurch and come back with a mixed report card for the credit industry. The visits checked performance against the Credit Contracts and Consumer Finance Act, which came into force on 1 April 2005.

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Fairfax cleared to acquire the Times Media Group

14 October 2005

The Commerce Commission has cleared Fairfax New Zealand Limited to acquire the Times Media Group Limited mastheads the Rodney Times, the Coaster and the Outlook and associated assets.

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Commission to issue second draft determination on Pohokura gas

14 October 2005

The Commerce Commission is to issue a second draft determination in relation to its consideration of whether to revoke or vary the Pohokura gas authorisation.

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Essilor applies for two clearances

12 October 2005

The Commerce Commission has received two applications from Essilor New Zealand Limited. Essilor is seeking clearance to acquire all shares of Prolab (Wellington) Limited, and up to 100% of shares of Optical Laboratories NZ Limited.

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Telecom applies for clearance to acquire radio spectrum management rights

10 October 2005

The Commerce Commission has received an application from Telecom New Zealand Limited (Telecom) to acquire the radio spectrum management rights known as MED radio frequency auction No 5 lot 01 WLL 06, which apply to the range of 3,459MHz to 3,466MHz and 3,559MHz to 3,566MHz, from Counties Power Limited (CPL).

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Bluebird cleared to acquire the savoury snack business of Hansells

6 October 2005

The Commerce Commission has cleared Bluebird Foods Limited to acquire from Hansells (NZ) Limited all the assets and brands used by Hansells in the manufacture and wholesale supply of:

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Thousands to be compensated for Telecom Mobile clock fault

5 October 2005

The Commerce Commission has reached a settlement with Telecom Mobile Limited after a billing fault on the 027 network resulted in thousands of customers being charged peak rates for off-peak calls.

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September 2005

Energy Market Services applies for clearance to acquire The Marketplace Company

30 September 2005

The Commerce Commission has received an application from Energy Market Services Limited (EMS) seeking clearance to acquire all of the shares of The Marketplace Company (M-co).

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Commission declines application by New Zealand Diagnostic Group and Sonic Healthcare (New Zealand)

29 September 2005

The Commerce Commission has declined to grant clearance for the merger of the diagnostic laboratory (pathology) services businesses of New Zealand Diagnostic Group Limited and Sonic Healthcare (New Zealand) Limited or their subsidiaries in six District Health Board districts through the establishment of three joint venture companies. The relevant DHB districts are Hawke's Bay, Canterbury, South Canterbury, the West Coast, Otago and Southland.

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Commission reports to Minister on Telecom's service obligations

16 September 2005

The Commerce Commission is analysing information received from Telecom New Zealand Limited as the Commission carries out its annual assessment of Telecom's performance in complying with the telecommunications service obligations (TSO) instrument.

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Telecommunications Act: Investigation of extension of regulated services

15 September 2005

The Commission has today released its preliminary view on whether to investigate extension of the period of regulation of the thirteen services originally incorporated within the Telecommunications Act and is seeking comment from interested parties.

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Commission declines application by Fletcher Concrete and Infrastructure to acquire Stevensons Building Products

15 September 2005

The Commerce Commission has declined to grant clearance for Fletcher Concrete and Infrastructure Limited to acquire certain business assets that comprise the Stevensons Building Product Division of W Stevenson and Sons Limited.

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Telecommunications Act: Draft determination on the TelstraClear application for resale of Virtual Private Network services

13 September 2005

The Commerce Commission has released its draft determination relating to wholesale access by TelstraClear Limited to five of Telecom New Zealand's business services. In particular, the Commission has determined the price terms, and a number of non-price terms, for the resale of three private data networking services, one business voice messaging service, and one directory service.

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Intention to declare control of Unison Networks published

9 September 2005

The Commerce Commission today published its intention to make a declaration of control in respect of the electricity distribution services supplied by Unison Networks Limited. This follows an inquiry into Unison's electricity distribution services after the company breached regulatory thresholds set under Part 4A of the Commerce Act.

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Commission Seeks Submissions on the Application of Unison Networks Limited

8 September 2005

The Commerce Commission seeks submissions on the application of Unison Networks Limited for exemption from certain provisions of the Electricity Industry Reform Act 1998. A copy of the application can be found under Public Registers on the Commission's website.

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Commission Seeks Submissions on the Application of Eastland Networks Limited

8 September 2005

The Commerce Commission seeks submissions on the application of Eastland Networks Limited for exemption from certain provisions of the Electricity Industry Reform Act 1998. A copy of the application can be found under Public Registers on the Commission's website.

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Fairfax applies for clearance to acquire the publishing business of Times Media

8 September 2005

The Commerce Commission has received an application from Fairfax New Zealand Limited (Fairfax), seeking clearance to acquire Times Media Group Limited (Times Media) mastheads the Rodney Times, the Coaster and the Outlook, and associated assets, including the stationery shop owned and operated by Times Media.

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First car dealer prosecuted for lack of information cards

5 September 2005

Failing to display Supplier Information Notices on used vehicles cost Ladies Mile Cars Limited and its Director Mr Sam Alsabiry $3,140 following a hearing in the Auckland District Court.

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Bluebird applies for clearance to acquire the salty snack businesses of Hansells

2 September 2005

The Commerce Commission has received an application from Bluebird Foods Limited seeking clearance to acquire from Hansells (NZ) Limited all the assets and brands used by Hansells in the manufacture and wholesale supply of:

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Fonterra applies for clearance to acquire the branded butter and spreads business of NZDF

2 September 2005

The Commerce Commission has received an application from Fonterra Co-operative Group Limited seeking clearance to acquire the New Zealand Dairy Foods Limited (Rank Group Limited) "Anchor", "Fernleaf" and "Country Soft" branded butter and spreads business and its unbranded butter and spreads business.

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August 2005

Telephone number portability assured

31 August 2005

Telephone users switching companies will be able to keep the same phone number under a determination released today by the Commerce Commission.

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Pyne Gould Guinness and Wrightson cleared to merge

31 August 2005

The Commerce Commission has cleared the application of Wrightson Limited (Wrightson) and Pyne Gould Guinness (PGG) to merge.

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CanWest RadioWorks cleared to acquire radio FM spectrum licences

31 August 2005

The Commerce Commission has cleared CanWest RadioWorks Limited (RadioWorks) to acquire six new radio FM spectrum licences allocated by the Ministry of Economic Development.

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Hot Water Bottle Safety Warning

29 August 2005

The Commerce Commission is warning people about hot water bottles which breach an unsafe goods notice and may not be safe to use.

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Todd Petroleum Mining Company and Todd Taranaki apply for restrictive trade practice authorisation

29 August 2005

Todd Petroleum Mining Company Limited and Todd Taranaki Limited have applied to the Commerce Commission for authorisation to enter into a contract to which sections 27, 28 or 29 of the Commerce Act might apply. The relevant contract is the Maui Pipeline Operating Code.

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Telecom Mobile seriously misled customers, significant refunds likely

25 August 2005

The Court of Appeal has found that Telecom Mobile "seriously misled customers" in door-to-door and telemarketing campaigns, by failing to tell them about their rights under the Door to Door Sales Act.

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Unison Networks appeal dismissed: Commission can proceed to decide on intention to declare control

24 August 2005

The Court of Appeal today dismissed an appeal by Unison Networks Limited that sought to prevent the Commerce Commission deciding whether to publish an intention to declare control of the company's electricity lines activities.

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Control of Powerco and Vector gas pipeline services: Commission issues Provisional Authorisation

24 August 2005

The Commission has today issued a Provisional Authorisation to implement control over the gas pipeline services of Powerco and Vector from 25 August 2005.

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Open Country Cheese Dairy Draft Determination: agenda released and extra day added to conference

10 August 2005

The Commerce Commission has extended a conference to hear submissions on its Draft Determination relating to Open Country Cheese Company Limited's dispute with Fonterra Co-operative Group Limited.

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CanWest RadioWorks applies for clearance to acquire radio FM spectrum licences

8 August 2005

The Commerce Commission has received an application from CanWest RadioWorks Limited seeking clearance to acquire new radio FM spectrum licences allocated by the Ministry of Economic Development.

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Telecommunications Act: Broadband monitoring

8 August 2005

The Commerce Commission has completed the fourth quarter of its monitoring of uptake of residential broadband services provided or supported by Telecom New Zealand Limited.

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Companies not a place to hide from the law

8 August 2005

Business people should remember that individuals as well as companies can be convicted under the Fair Trading Act, the Commission's Director of Fair Trading Deborah Battell said today.

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Application for injunction by Unison dismissed

2 August 2005

An application by Unison Networks Limited for an injunction to stop the Commerce Commission proceeding to publish an intention to declare control of the company was dismissed in the Wellington High Court on Friday 29th July.

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Commission receives application for EIR Act exemption from Unison Networks Limited

2 August 2005

The Commerce Commission has received an application from Unison Networks Limited, seeking exemption from section 17 of the Electricity Industry Reform Act 1998 in relation to its involvement in a proposed wind farm.

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July 2005

Commission to administer control of gas pipeline services

27 July 2005

Energy Minister Trevor Mallard has accepted the Commerce Commission's recommendation that gas pipeline services provided by Powerco and Vector be controlled, under Part 5 of the Commerce Act.

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Telecom met residential dial up obligations

26 July 2005

Telecommunications Commissioner Douglas Webb has today advised the Minister of Communications that Telecom has met all the service quality measures in the 2003 / 2004 year.

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Living Water quackery results in $136,000 payout

26 July 2005

Ecoworld NZ Ltd have been fined $60,000 in the Hamilton District Court today for misleading people about the benefits of a water "treatment" system that did nothing to change the water it treated.

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Fortune Brands cleared to acquire certain Allied Domecq brands from Pernod Ricard

13 July 2005

The Commission has cleared Fortune Brands, Inc. to acquire certain Allied Domecq plc brands and assets from Pernod Ricard S.A.. This acquisition is conditional on Pernod Ricard acquiring Allied Domecq.

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Pernod Ricard cleared to acquire Allied Domecq

13 July 2005

The Commerce Commission has cleared Pernod Ricard S.A. to acquire the entire share capital of Allied Domecq plc. The clearance is subject to the divestment of the Lindauer, Aquila, Italiano, Chardon and Chasseur brands currently owned by Allied.

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Pyne Gould Guinness applies for clearance to merge with Wrightson

6 July 2005

The Commerce Commission has received a joint application from Pyne Gould Guinness Limited (PGG) and Wrightson Limited seeking clearance to merge their entire businesses.

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Commission receives application for EIR Act exemption from Eastland Infrastructure Limited

6 July 2005

The Commerce Commission has received an application from Eastland Infrastructure Limited, on behalf of Eastland Network Limited, seeking exemption from sections 5 and 25 of the Electricity Industry Reform Act 1998 (the Act) to operate it's wind farm located at Mokairau, north-east of Gisborne.

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June 2005

Home Shop fined $12,000 for fake brand clothing

30 June 2005

Home Shop Ltd, which sells clothing and linen door-to-door from trucks, has been convicted and fined $12,000 for selling counterfeit clothing to an Auckland student.

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Commerce Commission to hold conference on Open Country Cheese Dairy Draft Determination

28 June 2005

The Commerce Commission today confirmed that it will hold a conference to hear submissions on the Commission's draft determination relating to Open Country Cheese Company Limited's dispute with Fonterra Co-operative Group Limited.

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Telecommunications Commissioner - 'Telecom attitude change would benefit consumers and Telecom.'

27 June 2005

Telecommunications Commissioner Douglas Webb says that both Telecom and consumers stand to gain if Telecom is prepared to take the initiative and develop a comprehensive and fair relationship covering access to its fixed network by other operators.

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Fletcher applies for clearance to acquire Stevenson's Building Products

24 June 2005

The Commerce Commission has received an application from Fletcher Concrete and Infrastructure Limited seeking clearance to acquire the assets of W Stevenson & Sons Limited building products division.

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New Zealand Diagnostic Group and Sonic Healthcare apply to the Commission for clearance

21 June 2005

The relevant DHB districts are Hawke's Bay, Canterbury, South Canterbury, West Coast, Otago and Southland.

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Commission receives separate clearance applications from Pernod Ricard and Fortune Brands

15 June 2005

The Commerce Commission has received an application from Pernod Ricard S.A. (Pernod) seeking clearance to acquire the entire share capital of Allied Domecq plc (Allied).

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Telecommunications Act: Commission recommends regulation of mobile termination

9 June 2005

The Commerce Commission has recommended to the Minister of Communications that the termination of fixed line voice calls on a cellular telephone network should be regulated. However, the Commission has specifically excluded from its recommendation voice calls using third generation (3G) mobile technology.

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Koppers Arch and GM fined for Commerce Act breaches

3 June 2005

Koppers Arch Wood Protection and its General Manager Roy Parish were today convicted and fined $25,000 and $8,000 respectively in the Manukau District Court for breaches of the Commerce Act 1986.

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Rent-to-buy schemes - Commission urges independent legal advice

2 June 2005

The Commerce Commission is urging people thinking of buying a house under a rent-to-buy contract to make sure they're getting the protections the new Credit Contracts and Consumer Finance (CCCF) Act provides for them. The Commission urges purchasers to ensure they receive independent advice about such an important transaction.

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Harvey Norman fined for misleading customers

2 June 2005

National retailer Harvey Norman was fined $16,000 in the Manukau District Court yesterday for making misleading representations to consumers that resulted in customers paying higher instalments than they expected.

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May 2005

Potentially unsafe cigarette lighters may be on sale

27 May 2005

The Commerce Commission is warning the public and retailers that unsafe novelty cigarette lighters may be on sale to the public.

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Commission warns GP's about price fixing

18 May 2005

The Commerce Commission has issued warnings to individual GPs who met last year and collectively decided to set a maximum fee level for a specific group of patients. The GPs were proposing then to join the Dunedin Primary Health Organisation (PHO).

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Commission requests voluntary recall of 'retro'-style bicycles

18 May 2005

The Commerce Commission is writing to bicycle importers and distributors nationwide requesting a voluntary recall of potentially unsafe 'retro'-style bicycles.

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Slingshot admits misleading consumers with advertising campaign

17 May 2005

Internet service provider Slingshot has accepted, in a settlement with the Commerce Commission, that its most recent television advertising campaign was liable to mislead consumers.

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PPCS cleared to acquire Venison Rotorua Limited

16 May 2005

The Commerce Commission has cleared PPCS Limited (PPCS) to acquire a 19.9% shareholding of Killin Limited and a 60.2% shareholding of New Zealand Deer Farms Limited in Venison Rotorua Limited (VRL).

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Commission issues warning on new chain letter

16 May 2005

"Bin it" is the strong advice from the Commerce Commission on a new chain letter promising enormous riches for practically no outlay.

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Telecommunications Act: Commission releases draft determination on number portability functions and standards

12 May 2005

The Commission today released a draft determination setting out the functions and standards of the system for local and cellular telephone number portability. This decision complements an earlier draft determination on the allocation of the costs of number portability implementation.

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Provet cleared to acquire National Veterinary Supplies

6 May 2005

The Commerce Commission has cleared Provet NZ Pty Limited (Provet) to acquire the business and assets of National Veterinary Supplies Limited (NVS).

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Telecommunications Act: Broadband monitoring

6 May 2005

The Commerce Commission has completed the third quarter of its monitoring of uptake of residential broadband services provided or supported by Telecom New Zealand Limited.

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Commission warns funeral directors against price fixing

4 May 2005

The Commerce Commission has issued separate warnings to six Manawatu-based funeral directors. The funeral directors submitted a joint tender to the police for a contract to transfer deceased persons that put them at risk of breaching the price fixing provisions of the Commerce Act.

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Empower fined $30,000 : businesses reminded that they are responsible for the actions of contracted agents

4 May 2005

Empower Ltd, a wholly owned subsidiary of Contact Energy Ltd, has been fined $30,000 after pleading guilty to breaching the Fair Trading Act in relation to misleading potential customers about Empower's prices and the need for services, and false or misleading representation that customers had agreed to acquire electricity from Empower. In the Auckland District Court, Judge O'Donovan fined Empower $6,000 and $130 court costs on each of the five charges.

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April 2005

Commerce Commission to charge Carter Holt Harvey for alleged breaches of the Fair Trading Act

29 April 2005

The Commerce Commission will file criminal proceedings against Carter Holt Harvey and six current and/or former managers following an investigation under the Fair Trading Act.

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Commerce Commission considers Fonterra's transport charges are not reasonable

29 April 2005

The Commerce Commission has reached a preliminary view that the amount that Fonterra Co-operative Group Limited (Fonterra) has been charging Open Country Cheese Company Limited (Open Country) for the transport of raw milk is not reasonable. Fonterra has used a charge based on its national average transport cost.

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PPCS Limited applies for clearance to acquire Venison Rotorua Limited

27 April 2005

The Commerce Commission has received an application from PPCS Limited (PPCS) to acquire the remainder of the shares in Venison Rotorua Limited (VRL). Presently, PPCS owns 19.9% of the shares of VRL.

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Commerce Commission initiates legal action against alleged cartel

27 April 2005

The Commerce Commission has filed civil proceedings in the Auckland High Court against four New Zealand companies and seven executives for alleged cartel behaviour in the timber preservatives industry.

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Electricity Lines Businesses: Commission recommends best practice for asset management plans & consumer engagement

22 April 2005

The Commerce Commission today released a report that presents best practice recommendations for the preparation of asset management plans by electricity distribution businesses, and reviews the 2004 plans prepared by those businesses. In addition, the report recommends best practice ways for those businesses to engage with electricity consumers concerning the trade-offs between distribution prices and service quality, as well as reviewing current practices.

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Telecommunications Act: Draft determination on bitstream

21 April 2005

The Commission today released its draft determination on an application by TelstraClear for regulated access to Telecom's bitstream service. Bitstream allows other telecommunications providers, including ISPs, to deliver broadband services to New Zealand consumers using Telecom's asymmetric digital subscriber line (ADSL) network infrastructure.

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Consumers should notice improved labels on winter duvets

18 April 2005

Consumers thinking about buying a new duvet this winter should be able to rely on clearer and more accurate labelling as they make their choice, says Commerce Commission Director of Fair Trading Deborah Battell.

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Red Bus applies for clearance to acquire Leopard

18 April 2005

The Commerce Commission has received an application from Red Bus Limited to acquire part of the business of Leopard Coachlines Limited, being the business of operating scheduled urban bus routes under contract to the Canterbury Regional Council (Environment Canterbury).

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New Zealand victims of SkyBiz scam still able to claim redress

14 April 2005

New Zealand victims of an internet pyramid scam, SkyBiz.com, may still qualify to share in a US$20 million court-ordered redress fund with the original date for claims of 31 July 2004 being extended indefinitely for the foreseeable future.

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Telecommunications Act: Commission releases draft determination on interconnection pricing review

13 April 2005

The Commerce Commission today issued its draft determination on applications by TelstraClear Limited and Telecom New Zealand Limited for a review of the interconnection price set under the Telecommunications Act 2001.

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Commission receives application for EIR Act exemption from Centro Properties Group

12 April 2005

The Commerce Commission has received an application from Centro NZ Shopping Centre Fund Limited and related entities (the Centro Group) for an exemption under the Electricity Industry Reform Act 1998 in relation to ownership separation provisions.

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Telecommunications Act: Commission releases principles paper on discounts for resale of Telecom's services

12 April 2005

The Commerce Commission today released its paper on the principles to be applied in setting the final discount for resale of Telecom New Zealand Limited's retail services under the Telecommunications Act 2001. The Commission is reviewing the discount it set for resale of business and residential services at the request of Telecom and TelstraClear Limited.

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Commission grants EIR Act exemption to Mr Wayne Boyd

6 April 2005

The Commerce Commission has granted an exemption under the Electricity Industry Reform Act 1998 (EIR Act) to the Chairman of the board of Auckland International Airport Limited (AIAL), Mr Wayne Boyd, in respect of his impending appointment to the Meridian Energy (Meridian) board.

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Provet applies for clearance to acquire National Veterinary Supplies

5 April 2005

The Commerce Commission has received an application from Provet NZ Pty Ltd (Provet) to acquire the business and assets of National Veterinarian Supplies Ltd (NVS).

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March 2005

Final reminder to credit industry: 1 April start for new law

31 March 2005

The Commerce Commission is reminding credit providers that they must be up with the play, when new credit law comes into full force tomorrow.

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Rubbish bin recommended for chain letter promising riches

24 March 2005

The Commerce Commission warns the public to ignore and bin a chain letter currently circulating in New Zealand, apparently initiated by Perth-man David Rhodes.

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Electricity Lines Businesses: High Court dismisses claims against threshold decisions and consultation process

24 March 2005

The High Court in Wellington yesterday dismissed claims from four electricity distribution businesses that the Commerce Commission's consultation process for setting the thresholds was flawed and the threshold decisions were unreasonable. The Commission set thresholds as part of the targeted control regime for electricity lines businesses under Part 4A of the Commerce Act.

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James Peters applies for exemption under EIR Act

24 March 2005

The Commerce Commission has received an application from James Peters and the Peters group of companies for an exemption under the Electricity Industry Reform Act 1998 (EIR Act) in relation to the proposed acquisition by one of those companies of part of the block known as the Finance Centre on the corner of Albert Street and Victoria Street, Auckland.

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Telecommunications Act: Commerce Commission sets final TSO cost for the 2002/2003 period

23 March 2005

The Commerce Commission has today announced its calculation of Telecom New Zealand's net cost of complying with its telecommunication service obligations (TSO) for the period from 1 July 2002 to 30 June 2003. The Commission's net cost calculation is $56.78 million.

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Changes to credit legislation signals first for New Zealand

22 March 2005

New Zealand is about to see major changes in how New Zealanders borrow and lend money, with this area of legislation being enforced by a regulatory body for the first time. From April 1, the Credit Contracts and Consumer Finance Act will be in full force.

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Souvenir company and director fined a total of $35,000 for false UMF honey labels

18 March 2005

'Tomorrow Dream Line Limited' and its former director Sang Rae Kim were sentenced and fined $35,000 in the Auckland District Court today for breaching the Fair Trading Act by making false representations about the 'Unique Manuka Factor' (UMF) in honey sold through its Auckland Dream Line Souvenir shops and other tourist outlets and about who was packing the honey product supplied by the company.

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Electricity Lines: Commerce Commission releases key performance information of 29 lines businesses

17 March 2005

The Commerce Commission has today released the data disclosed by the 28 electricity distribution businesses and Transpower in accordance with the Commission's Electricity Information Disclosure Requirements 2004 established under Part 4A of the Commerce Act.

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Wayne Boyd applies for exemption under EIR Act

15 March 2005

The Commerce Commission has received an application from Wayne Boyd for an exemption under the Electricity Industry Reform Act 1998 (EIR Act) in relation to his proposed appointment as a director of Meridian Energy Limited (Meridian).

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Electricity Lines Businesses: Information Disclosure and Asset Valuation Choice Conference

15 March 2005

The Commerce Commission will hold a three-day conference starting this week in relation to the review of the information disclosure regime and draft decisions on implementing valuation choice for system fixed assets of electricity lines businesses. The review and draft decisions are part of the Commission's work on the regulation of lines businesses under Part 4A of the Commerce Act.

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February 2005

Tony's Vineyard fined $3,000 for misleading and out of date website representations

24 February 2005

Waitakere based Tony's Vineyard Restaurant has been fined $3,000 plus $260 court costs in the Waitakere District Court after pleading guilty to breaching the Fair Trading Act in relation to website promotion of its menu and prices.

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Telecom convicted for failure to disclose costs associated with telephone information service

23 February 2005

Failing to disclose a 12 cents per minute charge for calls made to an 08322 information line has cost Telecom New Zealand Limited more than $5,500 and a conviction under the Fair Trading Act.

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Commerce Commission's preliminary view is to revoke Pohokura authorisation

23 February 2005

The Commerce Commission's preliminary view is that it should revoke its authorisation of an otherwise anti-competitive arrangement to jointly market and sell gas produced from the Pohokura field in Taranaki.

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Commission declines Gallagher acquisition of Tru-Test

23 February 2005

The Commerce Commission has declined Gallagher Holdings Limited's clearance application to acquire up to 100 percent of the shares of Tru-Test Corporation Limited.

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Telecommunications Act: Mobile Termination conference

22 February 2005

The Commerce Commission will hold a three day conference from tomorrow on its draft determination on mobile termination rates. The Commission found in the draft that a regulated reduction in wholesale mobile termination rates was likely to lead to increased competition in the retail market for tolls and fixed-to-mobile calls.

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Internet Sweep: Spams, Scams and Scams by Spam

21 February 2005

Scams circulated by spam are the focus of a two day Commerce Commission internet sweep commencing today. The sweep contributes to a month-long international crackdown on spam by more than 20 enforcement agencies, organised by the International Consumer Protection and Enforcement Network (ICPEN).

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Southern Cross cleared to acquire Auckland Surgical Centre

17 February 2005

The Commerce Commission has cleared Southern Cross Health Trust or its interconnected body corporate (the Trust) to acquire the assets of Auckland Surgical Centre Limited (ASC).

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Shackel Motor Company acknowledges misleading consumers

16 February 2005

Second hand car dealer K2 Motor Company, trading as Shackel Motor Company, acknowledges it made misleading representations about the price of vehicles offered for sale at its two Wellington car sale yards, and that it made misleading representations about the availability of gifts in print advertising.

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Commerce Commission reminds industry: comply with information powers or face prosecution

16 February 2005

Commerce Commission Chair Paula Rebstock reinforced the Commission's strong stance on compliance with its information requisitioning powers in front of a chief executives forum in Wellington today with the announcement that the Commission is prosecuting a company and an individual for withholding documents requested as part of a Commission investigation.

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Progressive Enterprises Limited admits bicycle labelling breach

9 February 2005

An admission by Progressive Enterprises Limited that it breached the Fair Trading Act by selling partially assembled bicycles without the safety warnings and assembly instructions sends a warning to all retailers, the Commerce Commission Director of Fair Trading Deborah Battell said today.

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Telecommunications Act: Broadband monitoring

4 February 2005

The Commerce Commission has completed its monitoring, for the quarter ending December 31st 2004, of uptake of residential broadband services provided or supported by Telecom New Zealand Limited.

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January 2005

Telecommunications Act - Commission to investigate second local and cellular telephone number portability application

31 January 2005

The Commerce Commission has announced that it will investigate an application into local and cellular telephone number portability following a further application for a determination from three telecommunications carriers under the Telecommunications Act 2001.

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Commission clears Sanford to acquire Simunovich scampi quota

27 January 2005

The Commerce Commission has cleared Sanford Limited to acquire Simunovich Fisheries Limited scampi quota.

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Commission reminds businesses of obligation to clearly disclose holiday surcharge

20 January 2005

The Commerce Commission is reminding businesses that while charging a holiday surcharge is not illegal, failing to inform customers that a surcharge applies is.

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Commission concerned about unsafe baby walkers

12 January 2005

The Commerce Commission is concerned that the safety of babies is being compromised by a sharp increase in the number of baby walkers being sold that do not comply with product safety standard regulations.

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Southern Cross applies for clearance to acquire Auckland Surgical Centre

10 January 2005

The Commerce Commission has received an application from Southern Cross Health Trust or its interconnected body corporate (the Trust) to acquire the assets of Auckland Surgical Centre Limited (ASC).

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Commerce Commission receives second application for number portability determination

5 January 2005

The Commerce Commission has received a joint application from TelstraClear, Telecom and Vodafone seeking a determination for designated multi-network services under the Telecommunications Act 2001 in respect of the local telephone number portability service and the cellular telephone number portability service.

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