Section 5: Next steps
This section indicates the likely next steps for MBIE in seeking a dispute resolution scheme.
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5.1 Minister will decide application for approval
On completion of the evaluation process, MBIE will make a recommendation to the Minister of Commerce and Consumer Affairs as to who we consider is best placed to provide an approved scheme. The applicant that scores the highest in this RFA process will likely be selected as the applicant who MBIE will recommend to the Minister as being the preferred provider.
Under clauses 4 and 6(1) of Schedule 2 of the Act, the Minister must decide an application by approving it or by rejecting it. The Minister will consult with the Commerce Commission and need to be satisfied that the persons, or the representatives of the persons, that the Minister considers will be substantially affected by the scheme will be consulted before the scheme rules are issued (see clause 5(b) and 6(2)(b)) – see section 5.2 below.
5.2 Applicants will be advised of outcome
Applicants will be advised of the outcome as soon as practically possible after the Minister’s decision.
It is expected this will be in late September 2023.
5.3 Consultation on proposed draft rules required
After an approved scheme has been selected, MBIE will initiate consultation on that scheme’s proposed draft rules. This consultation will include the persons, or the representatives of the persons, that the Minister considers will be substantially affected by the scheme.
After MBIE’s consultation, the Minister of Commerce and Consumer Affairs will, in accordance with clauses 9, 6(1) and 6(2)(b), approve the scheme rules.