Grocery Industry Competition Bill

1. Do the proposed amendments create, amend, or remove:

(a)   offences or penalties (including infringement offences or penalties and civil pecuniary penalties)?

NO

(b)   the jurisdiction of a court or tribunal (including rights to judicial review or rights of appeal)?

YES

The SOP makes amendments to strengthen, and minimise delays to, the dispute resolution processes set out in the Bill. These are set out in amendments to clauses 148, 157, and new clauses 157A to 157C, 159A, and clause 13(2)(ea) in Schedule 2.

Clause 148 expands who may refer a dispute the dispute resolution scheme (DRS) to include former and actively intending suppliers and wholesale customers.

Clause 157 provides that binding decisions by the DRS continue in force pending an appeal.

Clauses 157A to 157C respectively provide for:

·         the power to refer certain questions of law to the High Court

·         giving privileges and immunities to parties before a DRS as if they were parties before a court

·         giving the DRS the power to receive evidence in any form that assists them to deal with the matter regardless of whether the evidence would be admissible in a court

Clause 13(2)(ea), Schedule 2 provides that the DRS rules provide for as little formation and technicality as is appropriate.

1.1. Was the Ministry of Justice consulted about these provisions?

Yes

MBIE consulted the Ministry of Justice on these provisions.

2. Do the proposed amendments create, amend, or remove any provisions relating to the collection storage, access to, correction of, use or disclosure of personal information?

NO

3. Do the proposed amendments contain any provisions that could result in the compulsory acquisition of private property?

NO

4. Do the proposed amendments create or amend a power to impose a fee, levy or charge in the nature of a tax?

NO

5. Do the proposed amendments affect rights, freedoms, or impose obligations, retrospectively?

NO

6. Do the proposed amendments:

(a)   create or amend a strict or absolute liability offence?

NO

(b)   reverse or modify the usual burden of proof for any offence or civil pecuniary penalty proceeding?

NO

7. Do the proposed amendments create or amend a civil or criminal immunity for any person?

NO

8. Do the proposed amendments create or amend a decision-making power to make a determination about a person’s rights, obligations, or interests protected or recognised by law, and that could have a significant impact on those rights, obligations, or interests?

NO

9. Do the proposed amendments create or amend a power to make delegated legislation that could amend an Act, define the meaning of a term in an Act, or grant an exemption from an Act or delegated legislation?

YES

Clauses 12-12B amend the Commerce Commission’s power to create a grocery supply code by determination, including the processes that must be followed (clause 12A) and certain amendments to which the process requirements do not apply (clause 12B).

Clauses 12 and 12C provide the Commerce Commission with a power to disapply the grocery supply code in specified cases. The purpose of this is to provide flexibility for the Commission in future, including the Code’s application to large suppliers.

10. Do the proposed amendments create or amend any other powers to make delegated legislation?

YES

Clause 4, Schedule 1 provides that the first grocery supply code will be made by Order in Council. This allows the Government to set the first grocery supply code, but leave the Commerce Commission to amend and create future grocery supply codes as necessary.

11. Do the proposed amendments contain any provisions (other than those noted above) that are unusual or call for special comment?

NO