New Zealand Co-operative Dairy Co Ltd v Commerce Commission - [1992] 1 NZLR 601

Commercial law — Commerce Act — Merger proposal of co-operative dairy companies — Whether proposal would result in a party acquiring "a dominant position in the market" - Whether merger proposal would result in a party "strengthening a dominant position in the market" - Meaning and scope of a "market" - Meaning of a "dominant position" - Commerce Act 1986, ss 3(8) and 66(7) - Milk Act 1988, ss 9, 10, 13 and 17-20.

Evidence — Admissibility — Ministerial statement of Government policy issued pursuant to statutory authority — Commerce Commission and Court required to "have regard to" ministerial statement — Meaning of "have regard to" - Weight to be given to ministerial statement — Commerce Act 1986, s 26.

Administrative law — Tribunals and boards — Application to Commerce Commission for approval of merger — Requirements of fairness or natural justice — Correctness of Commerce Commission to circulate draft determination inviting responses followed by conference of interested parties — Requirement to seek response from those who might be affected by particular ideas of commission — Observations as to scope of such requirement — Observations as to circumstances in which ideas of new material should be referred back to parties.