Gordon Campbell | Parliament TV | Parliament Today | News Video | Crime | Employers | Housing | Immigration | Legal | Local Govt. | Maori | Welfare | Unions | Youth | Search

 

Unison Networks Ltd v Commerce Commission

Supreme Court of New Zealand

10 September 2007

Unison Networks Ltd v Commerce Commission SC 12/2007 [2007] NZSC 74

PRESS SUMMARY

This summary is provided to assist in the understanding of the Court’s judgment. It does not comprise part of the reasons for that judgment. The full judgment with reasons is the only authoritative document. The full text of the judgment and reasons can be found at www.courtsofnz.govt.nz.

  • Supreme Court judgement
  • The Supreme Court has dismissed an appeal by Unison Networks Ltd which challenged the validity of decisions taken by the Commerce Commission in 2003 and 2004 as regulator of electricity lines businesses.

    Legislation passed in 2001 required the Commerce Commission to put in place a regime for regulation of the 29 regional electricity lines businesses in New Zealand which operate as regional monopolies. The regulatory scheme provides a targeted regime for the imposition of price control on those businesses which the Commission decides require control.

    The scheme provides for the Commission to set “thresholds” as part of a process for identifying any such businesses. If a lines business, in the course of its trading, breaches any threshold, the Commission must inquire into and decide whether price control should be imposed on it.

    The Commission’s initial price threshold set in 2003 required that lines businesses make no increases in their price levels for a period of 20 months.

    Its second price threshold allowed price movements within a stipulated price path. Unison challenged the lawfulness of both thresholds in judicial review proceedings.

    The Court of Appeal decided that the first threshold was unlawful. That part of the decision was challenged by the Commission and has been overruled by the Supreme Court. The Supreme Court upheld the Court of Appeal’s decision that the second threshold was lawful. The overall effect of these findings is that Unison’s appeal was dismissed. Unison has been ordered to pay $25,000 costs to the Commerce Commission.

    ENDS


    © Scoop Media

     
     
     
    Parliament Headlines | Politics Headlines | Regional Headlines

    Crowdsale And Crowdfunding Campaign: Help Create The Future Of Independent News

    Two weeks to go! The Scoop 3.0 plan aims to create NZ’s first community-owned, distributed news and media intelligence ecosystem in 2019. We believe this ScoopPro media monetisation approach can be scaled and spread globally to support local and independent news efforts in regional New Zealand and around the world.

    Scoop is an ecosystem, it would not exist without those who contribute to it, read it and rely on it for professional media purposes. Generous past support from this ecosystem has enabled us to come this far in developing our business model. Support our PledgeMe Campaign>>

     

    14/11: Two Years’ Progress Since The Kaikoura Earthquake

    Mayor John Leggett said it was a day for reflection, but also a time to recognise the work by many people to support progress towards recovery made across Marlborough since November 2016. More>>

    ALSO:

    Pike River: Mine Drift Re-Entry Plan To Proceed

    “I’ve decided the Te Kāhui Whakamana Rua Tekau Mā Iwa - Pike River Recovery Agency, recommended course of action to enter the drift, using the existing access tunnel, is by far the safest option,” said Andrew Little. More>>

    ALSO:

    Appointments: New High Commissioner To Australia Announced

    “Dame Annette King needs no introduction given her long running career as a parliamentarian where she has previously held a number senior Cabinet portfolios, including Justice, Police and Health. She also was Parliament’s longest serving female MP with 30 years’ service,” said Mr Peters. More>>

    ALSO:

    Two Years Since Kaikoura: Silvia Cartwright To Lead Inquiry Into EQC

    “The inquiry will be the first of its kind under the Public Inquiries Act 2013 and will have all the powers of a Royal Commission, be independent of Government and make its report directly to the Governor-General. More>>

    ALSO:

    Gordon Campbell: On The Royal Commission Into Child Abuse

    Obviously, it is good news that the coalition government has broadened the scope of its Royal Commission into the abuse of children, beyond its previous focus on children in state care. More>>

    ALSO:

    Cases Delayed: Court Staff Refuse To Handle Sentencing Papers

    Dozens of court cases have reportedly been delayed, as court staff escalate industrial action at two Auckland courts by enforcing a ban on handling sentencing papers. More>>

    ALSO:

    Education: Primary Teachers Rolling Strikes

    RNZ Report: More than 100,000 primary school students in Auckland will be home from school today as teachers and principals walk off the job for the second time this year. It's the start of a week of rolling one-day strikes around the country, after the collapse of contract negotiations last Thursday. More>>

    ALSO:

    "Process Was Sound": Inquiry Into Haumaha Appointment Released

    The Inquiry’s purpose was to examine, identify, and report on the adequacy of the process that led to the appointment. It found the process was sound and no available relevant information was omitted. More>>

    ALSO:

     
     
     
     
     

    LATEST HEADLINES

    • PARLIAMENT
    • POLITICS
    • REGIONAL
     
     

    InfoPages News Channels