NZ Engine

Source: Radio New Zealand

A number of concerns have been raised about proposed changes to the Commerce Act which could disadvantage consumers, deter investors and increase the cost of doing business.

Law firm Chapman Tripp said some of the changes to the Commerce (Promoting Competition and Other Matters) Amendment Bill were positive, but others were problematic.

“Setting aside the several changes that we think have the potential to be really positive, for the ones we have concerns about, there are probably two categories,” Chapman Tripp competition and antitrust partner Lucy Cooper said.

“One is that they will add unnecessary uncertainty, time and cost to the Commerce Commission processes.

“And the other one … is the Commerce Commission will get a lot more discretion or power without solid process protections, or the ability to really scrutinise its work.

“I don’t intend that to be a criticism of the current commission at all. It’s more that in general, as you know, proper process is absolutely critical to making sure we can see that the service we are getting from the Commerce Commission is robust and fair.”

Mergers and acquisitions

She said a specific concern dealt with the commission’s ability to retroactively take action against a series of acquisitions that would, in hindsight, be found to have a cumulative effect of lessening competition.

“The focus should remain on the lawfulness of the marginal transaction, rather than allowing the commission to retrospectively impugn earlier transactions that would otherwise be lawful if considered in isolation.

“Allowing the commission to treat a sequence of separate transactions as a single transaction and find them all unlawful on the basis of their combined effect could also undermine investor confidence.”

Cooper said the commission had an existing power to block a transaction, when it had potential to put a company or organisation in the position of becoming a dominant player in a particular market.

“The commission already enforces against serial acquisitions, as demonstrated by successful action against Wilson Parking in local parking markets. We see no evidence that the commission is unable to intervene in serial acquisitions.”

Predatory pricing

Another proposed change would automatically see any below-cost pricing, that lasted for a period beyond three months, in a year, as predatory pricing.

“This is a change to the current position,” it said.

“The current regulation kicked in when a dominant player offered low prices as a means to price rivals out of the market or to deter a new entry.

“We consider that this test should remain.”

The proposed change could also act as a deterrent to pro-competitive low pricing and disadvantage consumers.

“We urge a rethink.”

The closing date for submissions on the bill is Wednesday 4 February.

– Published by EveningReport.nz and AsiaPacificReport.nz, see: MIL OSI in partnership with Radio New Zealand

Source: Radio New Zealand

KiwiSaver members are withdrawing from their funds in record numbers, but one financial services complaints resolution service is warning that some people don’t realise how difficult it can be.

RNZ reported last week that more than 10,000 more withdrawals were made from KiwiSaver for hardship reasons last year than in 2024.

Inland Revenue data shows there were 58,460 withdrawals for hardship reasons in 2025, 10,000 more than were made for a first home.

In total, $514.8 million was withdrawn from KiwiSaver because of hardship, and $2.1 billion for a first home.

Financial Services Complaints Ltd, an ombudsman service for financial services, said it dealt with a 41 percent increase in disputes in the first half of its reporting year.

Ombudsman Susan Taylor said KiwiSaver withdrawal rejections were the biggest contributing factor.

People were seeking help with their bills but unaware of how hard it could be to meet the hardship requirements of the KiwiSaver Act.

“People often don’t realise how strict the KiwiSaver rules are, leading to complaints about declined applications,” Taylor said. “We see people with ideas about using their KiwiSaver for longer-term financial relief.”

In one recent case, she said a woman wanted to withdraw KiwiSaver funds to buy a tiny home, rather than renting, but was only able to secure a smaller, short-term financial solution.

“We understand this is frustrating when you need financial security, but KiwiSaver savings are meant for your retirement,” she said. “You can’t access your funds before retirement, except for a few limited exceptions, and this is reflected in the act, rules and industry guidance.”

People who want to get their KiwiSaver savings out due to hardship reasons usually need to be in a situation where they cannot meet minimum living expenses, cannot pay the mortgage on their home, need to modify their home to meet special health needs or need to pay for medical treatment.

The decision about the withdrawal is made by the scheme’s supervisor.

Earlier, a woman who contacted RNZ said any suggestion accessing funds was easy was false.

“The process is invasive and onerous. You cannot apply, until you are effectively destitute – less than $3000 cash to your name.

“You must open your entire life to scrutiny, including providing the financial details of a partner. There is no guarantee that the hardship withdrawal will be approved, so as you watch your savings dry up, your stress levels ramp up, your mental health suffers and dark thoughts often crowd your mind.”

Taylor said the increase in complaints more generally reflected the wider economic challenges New Zealanders faced.

“We expect high dispute levels to persist as long as economic conditions remain difficult for many”. The rise also signals consumers’ growing awareness of dispute resolution services and their willingness to challenge financial providers and demand accountability.”

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– Published by EveningReport.nz and AsiaPacificReport.nz, see: MIL OSI in partnership with Radio New Zealand

Source: Radio New Zealand

A wet spring season filling hydro storage lakes looks set to deliver bumper half-year earnings to the country’s big four generator-retailers.

A preview by investment firm Forsyth Barr suggests the four major companies – Contact, Genesis, Meridian and Mercury – will make combined operating earnings, before hedging and one-off costs, of $1.86 billion for the six months ended December.

That compares with a combined $1.28b in the same period in 2024 when the sector was struck by dry hydro conditions, a lack of gas and the need to rely on coal, sending wholesale prices surging.

Genesis has benefited from a marked reduction in burning coal and gas for generation, Contact from taking over Manawa Energy, Mercury from the full hydro lakes, and Meridian simply from not having a repeat of its dismal 2024 half-year.

“The key takeout is that the sector performs best financially when hydro generation is abundant,” Forsyth Barr said.

But no relief for consumers

Forsyth Barr director Andrew Harvey‑Green said lower wholesale electricity prices would not mean lower household power bills.

“North of 95 percent of all energy bought across residential as well as commercial customers is purchased at a fixed price, so what happens in the wholesale market in the short-term has no impact on those prices,” he said.

“It’s the same reason why, when prices were incredibly high in winter 2024, you didn’t see big profit increases for these companies.”

He said abundant hydro and renewable generation this year meant gentailers would not need to rely on high‑cost thermal generation, reducing wholesale costs – but not consumer prices.

Profit upgrades possible, dividends less so

While first‑half operating earnings were forecast to rise by an average of 45 percent, Forsyth Barr expected dividends to increase by only about 4.5 percent.

It noted that long‑dated wholesale electricity prices remain high at $159/MWh, still well above the cost of building new wind and solar generation – a clear signal from the market that more capacity was needed.

All four gentailers had major investment commitments under way or planned, and Harvey‑Green said most of the extra earnings would be earmarked for building new generation, rather than boosting shareholder returns.

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– Published by EveningReport.nz and AsiaPacificReport.nz, see: MIL OSI in partnership with Radio New Zealand