David Cunliffe Media Statement
Member of Parliament for Titirangi

5 October 2001

Commerce Bill Reported Back Early

“I am delighted that the Commerce Committee is reporting back ahead of schedule today on the Commerce (Clearance Validation) Amendment Bill”, David Cunliffe MP for Titirangi said today.

“The Bill is the Government’s response to the Court of Appeal ruling on the ‘Foodstuffs v Progressive’ case, which created uncertainty for ten other Commerce Commission merger clearances considered under the old Commerce Act”, he said.

“The Select Committee heard excellent legal arguments from some of New Zealand’s top constitutional law experts”.

“There was very strong support by the business community for the Bill. The key issue was whether an exemption should be created to preserve the integrity of the Court of Appeal decision in the ‘Foodstuffs v Progressive’ case”, he said.

“Government members were, on balance, convinced that such an exemption would best support constitutional principles and would maximise certainty to the business community”, David Cunliffe said.

“Existing clearances would be validated, while the outcome of a specific judicial decision would be upheld”, he said.

“Progressive would be free to pursue its case by the normal appellate processes”, Mr Cunliffe said.

“As the committee was tied on the Bill, I expect the Minister will bring forward a Supplementary Order Paper on the House floor containing the amendment to exempt the ‘Foodstuffs v Progressive’ decision”, David Cunliffe said.

A copy of the select committee’s report can be obtained from Marie Alexander, Clerk of the Commerce Committee Tel: 04 471 9999 or viewed on www.clerk.parliament.govt.nz/publications.

ENDS

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