Supplementary estimates of appropriations

Vote Commerce - Supplementary Estimates 2011/12

Formats and related files

MINISTER(S) RESPONSIBLE FOR APPROPRIATIONS: Minister of Commerce (M13)

ADMINISTERING DEPARTMENT: Ministry of Economic Development

MINISTER RESPONSIBLE FOR MINISTRY OF ECONOMIC DEVELOPMENT: Minister for Economic Development

Details of Appropriations#

Details of Annual and Permanent Appropriations

Details of Annual and Permanent Appropriations - Commerce
  2011/12
Titles and Scopes of Appropriations by Appropriation Type Estimates
Budget
$000
Supplementary
Estimates
Budget
$000
Total
Budget
$000

Departmental Output Expenses

     

Administration of Insolvencies (M13)

The administration of bankruptcies and liquidations under the Insolvency Act 2006 and the Companies Act 1993 and the management of proceeds of crime orders under the Proceeds of Crime Act 1991.
13,450 300 13,750

Administration of Part II Tariff Concessions (M13)

Assessing applications by importers to be exempted from import duties under the tariff concessions policy.
352 - 352

Policy Advice and Investigative Services - Regulatory Environment MCOA (M13)

11,540 674 12,214
Administration of Trade Remedies
This appropriation is limited to investigative services including ministerial servicing to establish whether New Zealand industries require remedies to prevent injury caused by dumped or subsidised imports or sudden import surges.
1,100 - 1,100
Policy and Purchase Advice - Business Law and Competition Policy
This appropriation is limited to policy advice and ministerial servicing in relation to international negotiating expertise on the financial sector legal frameworks; competition law policy and corporate governance policy; intellectual property rights; standards and conformance issues and technical barriers to trade; trade remedies, tariffs, rules of origin, and other border issues; quality of regulatory policy, including the regulatory impact analysis regime; and monitoring of Crown entities and statutory boards.
10,440 674 11,114

Registration and Granting of Intellectual Property Rights (M13)

Administering legislation providing for the protection of intellectual property rights by the granting of patents and plant variety rights, the registration of trademarks and designs.
14,900 (140) 14,760

Registration and Provision of Statutory Information (M13)

Registering and provision of documents and information services in respect of all corporate entities, securities over insurance and superannuation schemes and securities over personal property (excluding land).
23,621 - 23,621

Total Departmental Output Expenses

63,863 834 64,697

Non-Departmental Output Expenses

     

Accounting and Assurance Standards Setting (M13)

This appropriation is limited to the funding of financial reporting and auditing and assurance standards setting for the purposes of promoting the quality of financial reporting.
4,410 - 4,410

Administration of the Takeovers Code (M13)

The performance of statutory functions by the Takeovers Panel as specified in the Takeovers Act 1993.
1,494 - 1,494

Enforcement of Dairy Sector Regulation (M13)

Commerce Commission funding for dispute resolution relating to and enforcement of the Dairy Industry Restructuring Act 2001 and related regulations.
905 (700) 205

Enforcement of Dairy Sector Regulation and Auditing of Milk Price Setting (M13)

This appropriation is limited to funding for reviewing Fonterra's milk price setting arrangements, and dispute resolution relating to and enforcement of the Dairy Industry Restructuring Act 2011 and related regulations.
- 700 700

Enforcement of General Market Regulation (M13)

This appropriation is limited to the promotion of fair trading, competitive markets and sound regulatory outcomes from the administration, enforcement, and adjudication of activities in accordance with the Commerce Act, Fair Trading Act, Credit Contracts and Consumer Finance Act and Telecommunications Act.
16,435 1,638 18,073

Indemnity payments from the Corporations (Investigations and Management) Act 1989 PLA (M13)

This appropriation is limited to payments made under Section 63 of the Corporations (Investigation and Management) Act 1989.
- 105 105

Input Methodologies (M13)

This appropriation is limited to the development, implementation, monitoring and administration of input methodologies relating to regulated businesses as prescribed under Part 4 of the Commerce Act 1986.
355 255 610

Licensing and Supervision of Market Participants (M13)

This appropriation is limited to the performance of statutory functions relating to regulation of financial market participants, including issuers, market licensees, intermediaries and exchanges, and financial advisers and qualifying financial entities (QFEs).
11,688 - 11,688

Performance of Financial Markets Monitoring Functions (M13)

This appropriation is limited to the performance of statutory functions relating to monitoring of financial and securities markets, including the provision of investor education, the granting of exemptions, and other General Counsel duties.
6,837 - 6,837

Performance of Investigation and Enforcement Functions (M13)

This appropriation is limited to the performance of statutory functions relating to the investigation and enforcement of financial markets and securities markets law.
5,749 - 5,749

Regulation of Airport Services (M13)

This appropriation is limited to the regulation of specified airport services provided by Auckland, Wellington and Christchurch International Airports, under Part 4 of the Commerce Act 1986.
400 - 400

Regulation of Auditors (M13)

This appropriation is limited to the oversight and regulation of professional accounting bodies, auditing firms and auditors for the purpose of promoting audit quality.
400 - 400

Regulation of Electricity Lines Businesses (M13)

This appropriation is limited to the regulation of electricity lines businesses and Transpower under Part 4 of the Commerce Act 1986 and residual administration of the repealed Part 4A of the Commerce Act 1986.
4,167 893 5,060

Regulation of Natural Gas Services (M13)

This appropriation is limited to the regulation of natural gas services under Part 4 of the Commerce Act 1986 and ongoing administration of the Part 5 control regime over the gas pipeline services of Powerco and Vector.
1,300 1,600 2,900

Retirement Commissioner (M13)

This appropriation is limited to services from the Retirement Commissioner to develop and promote methods of improving the effectiveness of retirement income policies, through the publishing of information and the delivery of a comprehensive public financial education programme.
5,782 - 5,782

Total Non-Departmental Output Expenses

59,922 4,491 64,413

Non-Departmental Other Expenses

     

Commerce Commission Litigation Fund (M13)

This appropriation is limited to meeting the direct cost of major litigation activity undertaken by the Commerce Commission arising from its general market or sector specific enforcement activities outside the normal routine or scope of its general litigation activity.
8,000 (1,047) 6,953

Contributions to International Organisations (M13)

Annual fee for New Zealand's membership of the International Copyright and Patent Union; International Patent Documentation Centre; International Standards Association; International Union for the Protection of New Plant Varieties; and a share of New Zealand's annual subscription and obligations arising from the Basel Convention.
485 - 485

Financial Markets Authority Litigation Fund (M13)

This appropriation is limited to meeting the cost of major litigation activity arising from the enforcement of financial markets and securities markets law.
2,500 - 2,500

Takeovers Panel Litigation Fund (M13)

This appropriation is limited to meeting the cost of major litigation activity undertaken by the Takeovers Panel arising from it carrying out functions under the Takeovers Act 1993 and the Takeovers Code.
200 - 200

Total Non-Departmental Other Expenses

11,185 (1,047) 10,138

Non-Departmental Capital Expenditure

     

Investment in the Accounting Standards Review Board/External Reporting Board (M13)

This appropriation is limited to capital requirements to establish the External Reporting Board
460 - 460

Investment in the Financial Markets Authority (M13)

This appropriation is limited to meeting the cost of capital requirements for the regulation of investment and securities markets and the financial industry.
5,000 - 5,000

Statutory Management - Aorangi Securities Limited and Others (M13)

This appropriation is limited to the provision of services by the statutory managers and others within the scope of section 66(1) of the Corporations (Investigation and Management) Act 1989.
1,000 - 1,000

Total Non-Departmental Capital Expenditure

6,460 - 6,460

Total Annual and Permanent Appropriations

141,430 4,278 145,708

Information Supporting the Supplementary Estimates Vote Commerce#

MINISTER(S) RESPONSIBLE FOR APPROPRIATIONS: Minister of Commerce (M13)

ADMINISTERING DEPARTMENT: Ministry of Economic Development

MINISTER RESPONSIBLE FOR MINISTRY OF ECONOMIC DEVELOPMENT: Minister for Economic Development

Part 1 - Summary of the Vote#

Part 1.3 - Trends in the Vote

Summary of Financial Activity

Summary of Financial Activity - Commerce
  2011/12
    Supplementary Estimates  
  Estimates
$000
Departmental
Transactions
$000
Non-Departmental
Transactions
$000
Total
Transactions
$000
Total
$000

Appropriations

         
Output Expenses 123,785 834 4,491 5,325 129,110
Benefits and Other Unrequited Expenses - N/A - - -
Borrowing Expenses - - - - -
Other Expenses 11,185 - (1,047) (1,047) 10,138
Capital Expenditure 6,460 - - - 6,460
Intelligence and Security Department Expenses and Capital Expenditure - - N/A - -

Total Appropriations

141,430 834 3,444 4,278 145,708

Crown Revenue and Capital Receipts

         
Tax Revenue - N/A - - -
Non-Tax Revenue 22,565 N/A (3,902) (3,902) 18,663
Capital Receipts - N/A 927 927 927

Total Crown Revenue and Capital Receipts

22,565 N/A (2,975) (2,975) 19,590

Part 2 - Details and Expected Performance for Output Expenses#

Part 2.1 - Departmental Output Expenses#

Administration of Insolvencies (M13)

Scope of Appropriation

The administration of bankruptcies and liquidations under the Insolvency Act 2006 and the Companies Act 1993 and the management of proceeds of crime orders under the Proceeds of Crime Act 1991.

Expenses and Revenue

Expenses and Revenue - Administration of Insolvencies (M13) - Commerce
  2011/12
  Estimates
$000
Supplementary
Estimates
$000
Total
$000
Total Appropriation 13,450 300 13,750
Revenue from Crown 11,948 - 11,948
Revenue from Other 2,218 300 2,518

Reasons for Change in Appropriation

This appropriation increased by $300,000 as a result of an adjustment to reflect an increase in additional investigations fee collections.

Policy Advice and Investigative Services - Regulatory Environment MCOA (M13)#

Scope of Appropriation#

Administration of Trade Remedies
This appropriation is limited to investigative services including ministerial servicing to establish whether New Zealand industries require remedies to prevent injury caused by dumped or subsidised imports or sudden import surges.
Policy and Purchase Advice - Business Law and Competition Policy
This appropriation is limited to policy advice and ministerial servicing in relation to international negotiating expertise on the financial sector legal frameworks; competition law policy and corporate governance policy; intellectual property rights; standards and conformance issues and technical barriers to trade; trade remedies, tariffs, rules of origin, and other border issues; quality of regulatory policy, including the regulatory impact analysis regime; and monitoring of Crown entities and statutory boards.

Explanation for Use of Multi-Class Output Expense Appropriation#

Both output classes are directed at the intermediate outcome of NZ's international connections facilitating sustainable economic growth through increased international trade, foreign investment and knowledge transfer.

Expenses and Revenue#

Expenses and Revenue - Policy Advice and Investigative Services Regulatory Environment MCOA (M13) - Commerce
  2011/12
  Estimates
$000
Supplementary
Estimates
$000
Total
$000

Total Appropriation

11,540 674 12,214
Administration of Trade Remedies 1,100 - 1,100
Policy and Purchase Advice - Business Law and Competition Policy 10,440 674 11,114

Revenue from Crown

11,192 674 11,866
Administration of Trade Remedies 1,084 - 1,084
Policy and Purchase Advice - Business Law and Competition Policy 10,108 674 10,782

Revenue from Other

348 - 348
Administration of Trade Remedies 16 - 16
Policy and Purchase Advice - Business Law and Competition Policy 332 - 332

Reasons for Change in Appropriation#

Administration of Trade Remedies

No change for this appropriation.

Policy and Purchase Advice - Business Law and Competition Policy

This appropriation increased by $674,000 as a result of an expense transfer of $500,000 from 2010/11 to reflect the delays in the Securities Law Review work, and a transfer of $333,000 from Vote Foreign Affairs and Trade to assist with overseas travel costs relating to the WTO and FTA/CEP negotiations. These increases were partially offset by a decrease of $159,000 reflecting the Ozone Policy responsibilities being transferred to the Ministry for the Environment.

Registration and Granting of Intellectual Property Rights (M13)#

Scope of Appropriation#

Administering legislation providing for the protection of intellectual property rights by the granting of patents and plant variety rights, the registration of trademarks and designs.

Expenses and Revenue#

Expenses and Revenue - Registration and Granting of Intellectual Property Rights (M13) - Commerce
  2011/12
  Estimates
$000
Supplementary
Estimates
$000
Total
$000
Total Appropriation 14,900 (140) 14,760
Revenue from Crown 85 - 85
Revenue from Other 16,320 (140) 16,180

Reasons for Change in Appropriation#

This appropriation decreased by $140,000 as a result of a $400,000 expense transfer to 2012/13 reflecting a further delay in the preparatory work planned for the implementation of the Patent Bill. This is partially offset by an expense transfer from 2010/11 of $260,000 as a result of delays in the Trademark Bill and Patent Bill.

Part 2.2 - Non-Departmental Output Expenses#

Enforcement of Dairy Sector Regulation (M13)#

Scope of Appropriation

Commerce Commission funding for dispute resolution relating to and enforcement of the Dairy Industry Restructuring Act 2001 and related regulations.

Expenses

Expenses - Enforcement of Dairy Sector Regulation (M13) - Commerce
  2011/12
  Estimates
$000
Supplementary
Estimates
$000
Total
$000
Total Appropriation 905 (700) 205

Reasons for Change in Appropriation

This appropriation decreased by $700,000 which is a result of a transfer to assist with the establishment of the Non-Departmental Ouptut Expense: Enforcement of Dairy Sector Regulation and Auditing of Milk Price Setting appropriation.

Enforcement of Dairy Sector Regulation and Auditing of Milk Price Setting (M13)#

Scope of Appropriation#

This appropriation is limited to funding for reviewing Fonterra's milk price setting arrangements, and dispute resolution relating to and enforcement of the Dairy Industry Restructuring Act 2011 and related regulations.

Expenses#

Expenses - Enforcement of Dairy Sector Regulation and Auditing of Milk Price Setting (M13) - Commerce
  2011/12
  Estimates
$000
Supplementary
Estimates
$000
Total
$000
Total Appropriation - 700 700

Reasons for Change in Appropriation#

This appropriation was established during 2011/12 to reflect the "Dairy Regulatory Framework - Fonterra's Milk Price, Capital Restructure and Share Valuation" paper. Funding of $700,000 was transferred from the "Enforcement of Dairy Sector Regulation" appropriation.

Enforcement of General Market Regulation (M13)#

Scope of Appropriation#

This appropriation is limited to the promotion of fair trading, competitive markets and sound regulatory outcomes from the administration, enforcement, and adjudication of activities in accordance with the Commerce Act, Fair Trading Act, Credit Contracts and Consumer Finance Act and Telecommunications Act.

Expenses#

Expenses - Enforcement of General Market Regulation (M13) - Commerce
  2011/12
  Estimates
$000
Supplementary
Estimates
$000
Total
$000
Total Appropriation 16,435 1,638 18,073

Reasons for Change in Appropriation#

This appropriation increased by $1.638 million to reflect a Cabinet decision relating to the "Commerce Commission Litigation Fund - Report Back" paper.

Indemnity payments from the Corporations (Investigations and Management) Act 1989 PLA (M13)#

Scope of Appropriation#

This appropriation is limited to payments made under Section 63 of the Corporations (Investigation and Management) Act 1989.

Expenses#

Expenses - Indemnity payments from the Corporations (Investigations and Management) Act 1989 PLA (M13) - Commerce
  2011/12
  Estimates
$000
Supplementary
Estimates
$000
Total
$000
Total Appropriation - 105 105

This appropriation was established during the 2011/12 financial year to reflect payments made under "Section 63 of the Corporations (Investigation and Management) Act 1989".

Input Methodologies (M13)#

Scope of Appropriation#

This appropriation is limited to the development, implementation, monitoring and administration of input methodologies relating to regulated businesses as prescribed under Part 4 of the Commerce Act 1986.

Expenses#

Expenses - Input Methodologies (M13) - Commerce
  2011/12
  Estimates
$000
Supplementary
Estimates
$000
Total
$000
Total Appropriation 355 255 610

Reasons for Change in Appropriation#

This appropriation increased by $255,000 to reflect an expense transfer from 2010/11 to 2011/12 as a result of delays in the implementation of the "Development of a Capital Expenditure Input Methodology" programme for Transpower, under Part 4 of the Commerce Act 1986.

Regulation of Electricity Lines Businesses (M13)#

Scope of Appropriation#

This appropriation is limited to the regulation of electricity lines businesses and Transpower under Part 4 of the Commerce Act 1986 and residual administration of the repealed Part 4A of the Commerce Act 1986.

Expenses#

Expenses - Regulation of Electricity Lines Businesses (M13) - Commerce
  2011/12
  Estimates
$000
Supplementary
Estimates
$000
Total
$000
Total Appropriation 4,167 893 5,060

Reasons for Change in Appropriation#

This appropriation increased by $893,000 million as a result of the following:

  • $1.865 million expense transfer from 2010/11 to reflect the delay in the approval of Transpower's grid upgrade plans and regulation of electricity lines businesses process, and
  • $428,000 as a result of a Cabinet decision relating to the "Commerce Commission - Funding of Regulatory Control Functions" paper.

These increases were partially offset by the following decreases;

  • $1 million expense transfer to 2012/13 to reflect the delay in the "Electricity Transmission" project, and
  • $400,000 expense transfer to 2012/13 to reflect the delay in the "Starting Pricing Adjustments" project.

Regulation of Natural Gas Services (M13)#

Scope of Appropriation#

This appropriation is limited to the regulation of natural gas services under Part 4 of the Commerce Act 1986 and ongoing administration of the Part 5 control regime over the gas pipeline services of Powerco and Vector.

Expenses#

Expenses - Regulation of Natural Gas Services (M13) - Commerce
  2011/12
  Estimates
$000
Supplementary
Estimates
$000
Total
$000
Total Appropriation 1,300 1,600 2,900

Reasons for Change in Appropriation#

This appropriation increased by $1.600 million as a result of the following:

  • $1.289 million as a result of a Cabinet decision relating to the "Commerce Commission - Funding of Regulatory Control Functions" paper, and
  • $811,000 transfer from 2010/11 to reflect the delay in the approval of Transpower's grid upgrade plans and regulation of electricity lines businesses process.

These increases were partially offset by a $500,000 expense transfer to 2012/13 to reflect the delay in the "Starting Pricing Adjustments" project.

Part 5 - Details and Expected Results for Other Expenses#

Part 5.2 - Non-Departmental Other Expenses#

Commerce Commission Litigation Fund (M13)

Scope of Appropriation

This appropriation is limited to meeting the direct cost of major litigation activity undertaken by the Commerce Commission arising from its general market or sector specific enforcement activities outside the normal routine or scope of its general litigation activity.

Expenses

Expenses - Commerce Commission Litigation Fund (M13) - Commerce
  2011/12
  Estimates
$000
Supplementary
Estimates
$000
Total
$000
Total Appropriation 8,000 (1,047) 6,953

Reasons for Change in Appropriation

This appropriation decreased by $1.047 million as a result of a $2.790 million expense transfer to 2012/13 to reflect the delay in major external litigation cases. This decrease was partially offset by an increase of $1.743 million to reflect a Cabinet decision relating to the "Commerce Commission Litigation Fund - Report Back" paper.