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Proposed Process for the Review


Cabinet Paper: Review of Parts 4 and 5 of the Commerce Act 1986

Hon Lianne Dalziel, Minister of Commerce; Hon David Parker, Minister of Energy
[ Last Updated 13 September 2006 ]


Within this section …

35. The Review will require a whole-of-government process led by the Ministry of Economic Development, in consultation with the Treasury, the Commerce Commission, the Department of Prime Minister and Cabinet, the Ministry of Consumer Affairs, the Ministry of Justice, and others as appropriate.

36. The Review will also require input from industry, Commerce Act practitioners, and other interested parties. To garner this input, the Ministry proposes to run an "advisory group" process, whereby identified stakeholders are consulted on the potential issues and solutions. This will assist the Ministry in drafting the respective discussion documents.

37. Officials propose that full public consultation will then be undertaken through the release of two separate discussion documents canvassing the issues and options to proceed, with a formal submission process.

Timetable

Process Review of Regulatory Control Provisions Review of Authorisation and Clearance Provisions
Preparation of discussion document Approx 4 months Approx 2 months
MED to draft discussion document for public release in consultation with:
  • departments including the Commerce Commission, Ministry of Consumer Affairs, Treasury, Department of Prime Minister of Cabinet, Ministry of Justice, and other departments as required; and
  • targeted stakeholders through an "advisory group" process
 Mid September 2006 - January 2007 January 2007 - March 2007
Cabinet approval to release discussion document Approx 1 month Approx 1 month
Seek Cabinet approval for the full public release of the discussion document. End of January 2007 End of March 2007
Consultation on discussion document 3 months 3 months
Discussion document posted on Ministry of Economic Development website for 3 month public consultation period. Release announced by the Minister of Commerce. February 2007 - May 2007 April 2007 - July 2007
Policy recommendations Approx 4 months Approx 2 months
  • Submissions considered;
  • Policy recommendations decided in consultation with departments and stakeholders as required;
  • Policy recommendations provided to the Minister of Commerce, and Minister of Energy as appropriate.
May 2007 - August 2007 July 2007 - August 2007
Proposals for Cabinet Approval September 2007 September 2007

38. Officials propose that the Review be separated into separate work-streams and set on different timeframes, as per the above timetable. This approach is desirable because:

  1. Reviewing Part 4A will involve the examination of complex technical issues, and will require significant resources;
  2. It allows officials to focus more time and resource on the regulatory control provisions, for which there is more impetus for change;
  3. It will minimise the burden on those stakeholders who want to comment on both discussion documents; and
  4. It will minimise the burden on the members of the advisory groups, especially where there is overlapping membership.

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