Review of anti-competitive land agreements: discussion document

Seeking information on whether and how land agreements can impact competition, and options for change

This is the web version of the Review of anti-competitive land agreements discussion document.

Download the PDF version:

Review of anti-competitive land agreements [PDF, 2.3 MB]

In this section

Introduction to this consultation

We have seen that land agreements, such as land covenants, have been used in ways that have the potential to lessen competition in the retail fuel, groceries and residential building supplies sectors. We are now trying to understand whether similar issues exist elsewhere in the economy, and, if so, the materiality and breadth of any impacts. To do this, we are seeking your views.

Ministerial foreword

Ministerial foreword from Hon Dr Duncan Webb, Minister of Commerce and Consumer Affairs

Executive summary

The Commerce Commission has recommended an economy-wide review into the use of land agreements to assess whether a wider, multi-sector solution is needed to address their impacts on competition.

Chapter 1: What is competition and how can land agreements lessen this?

Covenants and other land agreements may limit competition.

Chapter 2: What purposes do land agreements serve and are there alternatives?

Businesses use land agreements for a multitude of reasons – many unrelated to competition.

Chapter 3: How are land agreements made, and what rules are there around competition?

Land use and development is governed by a system of laws and rules

Chapter 4: How well is the current system working?

We are seeking views on how well existing tools work to protect competition

Chapter 5: Are there changes we can make to improve the current system?

We are looking into options to better protect competition.