There may be occasions where a supplier assesses that it is not able to reasonably comply with part of the information disclosure requirements, and it is able to disclose alternative information that continue to allow the purpose of information disclosure regulation to be met. In these circumstances, a supplier may apply to us for an exemption from the information disclosure requirement.

The Commission does not generally offer advice on whether a supplier should apply for an exemption; suppliers should make this decision themselves.


How to apply

An application for an exemption should be submitted in writing to us at regulation.branch@comcom.govt.nz.

The request should include sufficient information to enable the Commission to make a decision, including:

  • the information disclosure requirements from which an exemption is sought
  • the reasons why the supplier considers that it cannot reasonably comply with the information disclosure requirements
  • the period for which an exemption is sought
  • an assessment of the impact of the proposed non-compliance on consumers and other parties potentially affected by the exempted disclosure
  • the supplier’s view on how the purpose of information disclosure will continue to be able to be met, despite the granting of the exemption.

The time it takes to process an exemption request depends on the nature and complexity of the application and relevant circumstances, the sufficiency of the supporting information provided by the supplier, and the resources available within the Commission when you apply. Suppliers should allow us sufficient time to process the application. As a general guide, it is suggested that suppliers apply at least 2 months in advance of the relevant disclosure due date.


Consideration of exemption applications

Exemptions are granted prospectively on a case by case basis; approval of an exemption in the past does not necessarily create a precedent for future approvals. Submission of an application does not guarantee it will be approved and suppliers should have time to make alternative arrangements if the exemption request is denied.

In our assessment of an exemption application, the matters we have regard to include:

  • the reasons why a supplier considers that it is unable to reasonably comply with the information disclosure requirements
  • any alternative disclosures proposed by the supplier
  • the extent to which the purpose of information disclosure regulation would still be met if the exemption were granted (including if any alternative disclosures are required or other conditions imposed).

Exemptions granted by the Commission

Exemptions granted to specified airport services under the Airports Services Information Disclosure Determination 2010 are available below. We generally do not publish declined exemption requests.