Pursuant to Part 4 of the Commerce Act 1986 ("Act"), the Commerce Commission ("Commission") gives the following notice.
N o t i c e
1. Title-This notice is the Commerce Act (Summary of Specified Airport Services Input Methodologies Determination) Notice 2011.
2. Specified airport services input methodologies determination
2.1 On 22 December 2010, the Commission made the Commerce Act (Specified Airport Services Input Methodologies) Determination 2010 ("Determination").
2.2 The Determination sets out the input methodologies that apply to the supply of specified airport services, as that term is defined in section 56A of the Act ("Specified Airport Services") for the purpose of information disclosure regulation, as required by Part 4 of the Act.
2.3 In accordance with section 52W(2) of the Act, this notice is published as a brief description of the nature of each input methodology and the goods or services to which it applies. It includes the reasons for determining the methodologies and how the methodologies are publicly available.
3. Nature of the input methodologies and the goods or services to which they apply
The following input methodologies apply to Specified Airport Services:
(a) Cost of capital (an approach to calculating a weighted average cost of capital by applying a specified methodology that includes certain fixed parameters); and
(b) asset valuation (an approach to calculating the value of the initial regulatory asset base and how this is rolled forward over time, including rules regarding depreciation and revaluation of assets); and
(c) cost allocation (an accounting-based approach to allocating costs that are "not directly attributable" between each of the three regulated activities, and between the regulated and unregulated activities (in aggregate)); and
(d) treatment of taxation (a tax payable approach to calculating a tax allowance for regulatory purposes).
4. Reasons for determining the input methodologies
4.1 The Commission was required to determine input methodologies that apply to Specified Airport Services by no later than
31 December 2010 (pursuant to an extension granted by the Minister of Commerce under section 52U(2) of the Act).
4.2 The Commission has undertaken a process of extensive consultation with interested parties, including by holding workshops and a conference, and has obtained sufficient information to make its input methodologies determination.
4.3 Having considered all submissions received from interested parties within set time frames throughout the consultation process, the Commission has determined the input methodologies on the basis that they meet the purpose of input methodologies as set out in section 52R of the Act and meet the purpose of Part 4, as set out in section 52A of the Act, and that no materially better alternative has been proposed during the consultation process.
4.4 More comprehensive detail of the background and analysis to support these reasons for determining the input methodologies is set out in the Input Methodologies (Airport Services) Reasons Paper, 22 December 2010 ("Reasons Paper").
5. How the Determination is publicly available
Copies of the Determination and the Reasons Paper are available for inspection free of charge at the Commission (during ordinary office hours), on the Commission’s website at www.comcom.govt.nz, or for purchase at a reasonable price at the Commission, 44 The Terrace, Wellington.
Dated at Wellington this 20th day of January 2011.
The Commerce Amendment Act 2008 introduced changes to the Commerce Act 1986 ("Act"), including a requirement
for the Commerce Commission ("Commission") to determine up-front input methodologies that apply to regulated services, to the extent applicable to the type of regulation under consideration.
The purpose of input methodologies is to promote certainty for suppliers and consumers in relation to the rules, requirements, and processes applying to the regulation, or proposed regulation, of goods or services under Part 4 of the Act.
The purpose of Part 4, as set out in section 52A of the Act, is to promote the long-term benefit of consumers in markets where there is little or no competition and little or no likelihood of a substantial increase in competition, by promoting outcomes that are consistent with outcomes produced in competitive markets such that suppliers of regulated goods or services:
(a) have incentives to innovate and invest, including in replacement, upgraded, and new assets; and
(b) have incentives to improve efficiency and provide services at a quality that reflects consumer demands; and
(c) share with consumers the benefits of efficiency gains in the supply of the regulated goods or services, including through lower prices; and
(d) are limited in their ability to extract excessive profits.
In accordance with section 56C of the Act, suppliers of specified airport services are subject only to information disclosure regulation and hence, under section 53F of the Act, they are not required to apply the cost of capital input methodology that is referred to in this notice. The Commission may, however, use that input methodology to monitor and analyse information and suppliers may be required to disclose information about the methodologies for evaluating or determining the cost of capital that they do in fact use.