In this Part, unless the context otherwise requires,—

(1) The Ministry of Energy is hereby abolished.

(2), (3) Amendment(s) incorporated in the Act(s).

(4) This section shall come into force on a date to be appointed for the commencement thereof by the Governor-General by Order in Council.

Unless in any case the context otherwise requires, and subject to the provisions of this Act, in any enactment or in any regulations or in any instrument or document,—

• (a) every reference to the Minister of Energy shall be read as a reference to the responsible Minister of the Crown:

• (b) every reference to the Secretary of Energy shall be read as a reference to the chief executive of the responsible department of State:

• (c) every reference to the Ministry of Energy shall be read as a reference to the responsible department of State.

The enactments specified in Schedule 1 are hereby amended in the manner indicated in that schedule.

The enactments specified in Schedule 2 are hereby repealed.

(1) The regulations specified in Schedule 3 are hereby amended in the manner indicated in that schedule.

(2) The amendment by this section of the regulations specified in Schedule 3 shall be without prejudice to any power of amending or revoking those regulations.

(3) The Governor-General may from time to time, by Order in Council, consequentially revoke Schedule 3 or any part of that schedule.

The orders specified in Schedule 4 are hereby revoked.

Every delegation under section 9 or section 10 of the Ministry of Energy Act 1977 that was in force immediately before the commencement of this section shall continue to have effect according to its tenor as if it had been made on that commencement under section 28 or section 41 of the State Sector Act 1988.

Where, before the commencement of section 3, the Ministry of Energy or any officer of the Ministry of Energy in relation to the conduct of the affairs of that Ministry, has—

• (a) become a party to any proceedings whatever; or

• (b) initiated any action under the authority of any statutory provision formerly administered by the Minister of Energy,—

such action or proceedings may be continued, completed, and enforced by or against the responsible Minister.

Any consent, licence, permit, approval, or remission, given or granted by the Minister of Energy or the Secretary of Energy and in force immediately before the commencement of this section shall, unless its terms or the context otherwise requires, continue in force until amended, transferred, modified, or revoked by the responsible Minister or the chief executive of the responsible department of State.

(1) Levies recovered under this Part, except levies recovered under section 24, must be applied only for the purposes of meeting the reasonable costs and expenses of—

• (a) the inspection, monitoring, and related services to which they relate and matters incidental to those services, being—

  • (i) services carried out by the Ministry under any Act or related arbitration services; or

  • (ii) services carried out by the Department of Building and Housing under any Act or related arbitration services; or

  • (iii) services carried out by the Department of Labour under any Act or related arbitration services; and

• (b) the dissemination of information concerning safety in relation to the industries to which the levies relate by the Ministry or by the Department of Labour; and

• (c) the dissemination by the Ministry of information to assist consumers to choose, and alternate, between competing electricity retailers (as defined in section 2(1) of the Electricity Act 1992) or gas retailers (as defined in section 2(1) of the Gas Act 1992); and

• (d) the recovery of those levies.

(2) Levies recovered under section 24 must be applied only for the purposes of meeting the reasonable costs and expenses of—

• (a) the inspection, monitoring, and related services to which they relate and matters incidental to those services, being services carried out by the Ministry under any Act or related arbitration services; and

• (b) the dissemination of information concerning safety in relation to the industries to which the levies relate by the Ministry; and

• (c) the recovery of those levies.

(1) In this section, unless the context otherwise requires, expressions defined in the Electricity Act 1992 shall have the meanings so defined.

(2) Not later than 30 days after the last days of March, June, September, and December in each year, every person or body who or which generates electricity for sale (including the Electricity Corporation of New Zealand Limited) shall supply the Secretary with a true and accurate return of all electricity sold from such generation during the immediately preceding period of 3 months ended with the said last days of March, June, September, and December, respectively, together with the levy calculated in accordance with this section:

provided that any person or body who or which has sold from such generation less than 500 megawatt hours of electricity during any such period need not supply a return nor pay any levy.

(3) The levy payable on all such electricity that has been sold during the said periods of 3 months shall be 2 cents for each complete 100 kilowatt hours of such electricity or such lesser amount for each complete 100 kilowatt hours as may be prescribed.

(4) All electricity measurements made for the purpose of supplying a return and calculating the levy payable under this section shall be made in such manner and by the use of such methods as may be approved by the Secretary.

(1) In this section, unless the context otherwise requires, expressions defined in the Gas Act 1992 shall have the meanings so defined.

(2) Nothing in this section shall apply to gas sold for use as a feedstock or for the generation of electricity or to liquefied petroleum gas.

(3) Not later than 30 days after the last days of March, June, September, and December in each year—

• (a) every person or body who or which sells piped gas to a gas retailer (whether or not that gas retailer is also a gas wholesaler); and

• (b) every gas retailer who sells piped gas which is not subject to a levy pursuant to paragraph (a)—

shall supply the Secretary with true and accurate returns of the energy content of all such gas that has been so sold during the immediately preceding period of 3 months ended with the said last days of March, June, September, and December, respectively, together with the levy calculated in accordance with this section.

(4) Notwithstanding anything in subsection (3), any person or body who or which has sold, during any period referred to in that subsection in respect of which a levy would, apart from this subsection, be payable under this section by that person or body, less than 10 000 gigajoules of gas need not supply a return, nor pay any levy, in respect of that period.

(5) The levy payable on all piped gas that has been so sold during the said periods of 3 months shall be 2 cents for each complete gigajoule or such lesser amount for each complete gigajoule as may be prescribed.

(6) All gas measurements made for the purpose of supplying a return and calculating the levy payable under this section shall be made by the use of methods approved by the Secretary.

(1) A levy of 0.045 cents, or such lesser amount as may be prescribed, is payable for each complete litre of petroleum or engine fuel that is,—

• (a) if no Order in Council is in force under paragraph (b), specified in the Excise and Excise-equivalent Duties Table (as defined in section 76A of the Customs and Excise Act 1996) as a type of—

  • (i) motor spirit; or

  • (ii) diesel; or

  • (iii) biodiesel; or

  • (iv) ethyl alcohol specified under the heading Fuels in Part A or B of the Excise and Excise-equivalent Duties Table (as so defined); or

• (b) specified in the Excise and Excise-equivalent Duties Table (as so defined) and prescribed by an Order in Council made on the recommendation of the Minister.

(2) The levy must be paid to the New Zealand Customs Service—

• (a) by the person who would be liable to pay excise duty or excise-equivalent duty under the Customs and Excise Act 1996 if any were payable; and

• (b) when any excise duty or excise-equivalent duty would be paid if any were payable.

(3) The New Zealand Customs Service must collect the levy on behalf of the Secretary and must pay the amount collected to the Secretary.

(4) In respect of the levy,—

• (a) sections 14, 26, and 29 to 34 apply:

• (b) sections 27 and 28 do not apply.

(1) On the application of any person who has paid or is liable to pay any levy under this Part, the Secretary may grant a rebate in respect of the whole or any part of the levy to which the application relates.

(2) Before deciding to grant or not to grant a rebate under this section, the Secretary shall have regard to—

• (a) section 14; and

• (b) the number of inspections of the operation concerned that were carried out during the period in respect of which the levy was paid or is payable.

Every levy payable under any of the provisions of sections 22, 23, and 24 shall be due and payable on the date specified in that behalf in the section under which the levy is payable.

If any levy is not paid on or before the date on which it is payable, the person liable to pay it shall pay to the Secretary an additional amount equal to 10% of the unpaid amount.

All money payable to the Secretary under this Part shall be deemed to be payable to the Crown, and may be recovered from the person liable to pay it as a debt due to the Crown.

All money received by the Secretary under this Part shall be paid into the Departmental Bank Account of the responsible department of State.

(1) For the purpose of obtaining any information that may be required by the Secretary for the purposes of this Part, any person specifically or generally authorised in writing in that behalf by the Secretary may, from time to time—

• (a) subject to subsection (3), at any reasonable time enter any land, building, or place, other than a dwellinghouse:

• (b) inspect and examine any property and any books, accounts, vouchers, records, or documents:

• (c) require any person to produce any books, accounts, vouchers, records, or documents in that person's possession or under that person's control, and allow copies of or extracts from any such books, accounts, vouchers, records, or documents to be made or taken:

• (d) require any person to furnish any information or particulars that may be required by the Secretary.

(2) Every such written authorisation shall contain—

• (a) a reference to this section; and

• (b) the full name of the authorised person; and

• (c) a statement of the powers conferred on the authorised person by subsection (1).

(3) Every person exercising any power of entry under subsection (1) shall be in possession of the appropriate written authorisation, and evidence of identity, and shall produce them to the occupier of the land, building, or place—

• (a) if practicable, on first entering the land, building, or place; and

• (b) whenever subsequently reasonably required to do so by the occupier.

(4) Every person shall have the same privileges in relation to—

• (a) the production to any authorised person of any books, accounts, vouchers, records, or documents; and

• (b) the furnishing to any authorised person of any information or particulars; and

• (c) the answering of questions put by any authorised person—

under this section as witnesses have in courts of law.

(1) Every person commits an offence who,—

• (a) in any information or particulars supplied under section 31,—

  • (i) makes a material statement knowing that it is incorrect; or

  • (ii) knowingly makes any material omission; or

• (b) resists, obstructs, deceives, or attempts to deceive any person who is exercising or attempting to exercise any power or function under section 31; or

• (c) refuses or fails without reasonable excuse to comply with any requirement made under paragraph (c) or (d) of section 31(1).

(2) Any offence against this section committed by any employee or agent in the course of employment or agency shall be deemed to have been also committed by the employee's or agent's employer or principal if it is proved that the act or omission constituting the offence occurred with the employer's or principal's authority, permission, or consent.

(1) Without limiting the general power to make regulations conferred by section 35 but subject to subsection (2) of this section, regulations may be made under that section prescribing amounts or rates of levies, or formulas for calculating levies, lower than the amounts or rates set out in this Part.

(2) No such lower amount or rate, or formula, shall be prescribed unless the Minister has consulted those persons or organisations considered by the Minister to represent the persons affected by the levy concerned.

It is hereby declared that the levies payable under this Part are exclusive of goods and services tax under the Goods and Services Tax Act 1985.

(1) The Governor-General may from time to time, by Order in Council, make regulations for all or any of the following purposes:

• (a) requiring specified classes of users or intending users of energy or of sources of energy to supply to the Secretary prescribed information as to—

  • (i) the kinds, forms, and sources of energy used or to be used by them; and

  • (ii) the purposes for which they are so used or to be used; and

  • (iii) the means by which they are so used or to be used; and

  • (iv) changes or proposed changes in the kinds, forms, or sources of energy so used or to be used, or in the quantities so used or to be used:

• (b) prescribing standards or specifications for equipment used in the dispensing of engine fuel or refined petroleum products to consumers:

• (c) prescribing standards or specifications (including environmental or sustainability standards or specifications) to which engine fuel or refined petroleum products of the class or classes specified in the regulations must conform when supplied in New Zealand:

• (d) requiring persons who sell engine fuel or refined petroleum products to consumers to display or provide information about the price, quality, sustainability, suitability, quantity, or nature of a class or classes of refined petroleum products or engine fuel:

• (da) requiring persons who sell engine fuel to consumers not to promote or advertise that the engine fuel contains biofuel if the engine fuel comprises, by volume, a certain percentage of biofuel that is not more than 1%:

• (e) prescribing standards or specifications for fuel tank inlets on motor vehicles:

• (ea) providing for accreditation, certification, and verification for the purposes of regulations made under this Act:

• (eb) [Repealed]

• (ec) [Repealed]

• (ed) [Repealed]

• (ee) [Repealed]

• (ef) [Repealed]

• (eg) prescribing the records that are required to be kept under section 35B and the length of time they must be kept:

• (eh) prescribing the form of search warrants issued under section 37A:

• (f) prescribing offences in respect of the contravention of or non-compliance with any regulations made under this section, and the amounts of the fines that may be imposed in respect of any such offences, which fines shall be an amount not exceeding $10,000:

• (g) providing for such other matters as are contemplated by or necessary for giving full effect to this Act and for its due administration.

(1A) [Repealed]

(2) The following may be incorporated by reference into a regulation made under subsection (1):

• (a) standards, procedures, or test methods of international organisations:

• (b) any other written material or document that, in the opinion of the Minister, is too large or impractical to be printed as part of the regulation.

(3) Any material incorporated in a regulation by reference under subsection (2) is part of the regulation; and, unless otherwise provided in the regulations, every amendment made by the person or organisation originating the material is part of the regulation.

(4) The Secretary must make copies of all material and any amendments incorporated in regulations by reference under subsections (2) and (3) available for inspection, free of charge, at the head office of the Ministry.

(5) Any material incorporated by reference has no effect until it is made available for inspection in accordance with subsection (4).

(1) If the Minister is satisfied that engine fuel does not comply with regulations, the Minister may, by written notice, require the seller or distributor to—

• (a) cease selling the engine fuel or making it available; or

• (b) cease selling the engine fuel for any particular end use or making it available for any particular end use.

(2) A seller or distributor who fails to comply with a Minister’s notice described in subsection (1) commits an offence.

(1) Every person described in subsection (2) must keep or cause to be kept in New Zealand prescribed records for the prescribed length of time not exceeding 7 years.

(2) The persons to whom subsection (1) applies are—

• (a) [Repealed]

• (b) [Repealed]

• (c) [Repealed]

• (d) any persons engaged in the importation, distribution, production, refining, blending, exportation, or selling of petroleum, refined petroleum products, or engine fuel or goods capable of being used to make engine fuel.

(3) A person who fails to keep the records that are required to be kept under subsection (1) commits an offence.

(1) For the purposes of this section,—

(2) In order to conduct a compliance check of a person liable to be checked, any person specifically or generally authorised in writing by the Secretary may, using reasonable force,—

• (a) subject to subsection (4), at any reasonable time enter any land, building, or place other than a dwellinghouse or marae:

• (b) inspect and examine any property and any books, accounts, vouchers, records, or documents (including records or documents held in electronic or other form):

• (c) require any person to produce any books, accounts, vouchers, records, or documents (including records or documents held in electronic or other form) in that person’s possession or under that person’s control, and allow copies of or extracts from those books, accounts, vouchers, records, or documents to be made or taken:

• (d) require any person to supply any information or particulars that may be required by the Secretary:

• (e) take samples of any petroleum, engine fuel, or goods capable of being used to make engine fuel.

(3) The written authorisation must contain—

• (a) a reference to this section; and

• (b) the full name of the authorised person; and

• (c) a statement of the powers conferred on the authorised person by subsection (2).

(4) Every person exercising a power of entry under subsection (2) must be in possession of the written authorisation and evidence of identity, and must produce them to the occupier of the land, building, or place,—

• (a) if practicable, on first entering the land, building, or place; and

• (b) whenever subsequently reasonably required to do so by the occupier.

(5) Every person has the same privileges under this section as witnesses have in court in relation to—

• (a) the production to an authorised person of any books, accounts, vouchers, records, or documents; and

• (b) the supplying to an authorised person of any information or particulars; and

• (c) the answering of questions put by an authorised person.

Every person commits an offence who,—

• (a) in any information or particulars supplied under section 35C,—

  • (i) makes a material statement knowing that it is incorrect; or

  • (ii) knowingly makes any material omission; or

• (b) resists, obstructs, deceives, or attempts to deceive any person who is exercising or attempting to exercise any power or function under section 35C; or

• (c) refuses or fails without reasonable excuse to comply with any requirement made under paragraph (c) or (d) of section 35C(2).

(1) The Minister may, by notice in writing to a person described in subsection (1A), require that person to supply to the Minister, by a date specified in the notice, any information specified in the notice in relation to the following:

• (a) the price, suitability, quantity, or nature of petroleum, refined petroleum products, or engine fuel, or goods capable of being used to make engine fuel either in New Zealand or elsewhere:

• (b) [Repealed]

• (c) the importation, distribution, production, refining, blending, exportation, or selling of petroleum, refined petroleum products, or engine fuel, or goods capable of being used to make engine fuel either in New Zealand or elsewhere:

• (d) [Repealed]

• (e) [Repealed]

• (f) the type, nature, or class of the person’s engine fuel:

• (g) the country of origin of the person’s engine fuel:

• (h) the particular type or source of biomass from which the person’s biofuels were produced:

• (i) the particular process the person’s engine fuels were produced from or refined through:

• (j) the qualities of the person's engine fuel:

• (k) any standards or specifications (including environmental or sustainability standards or specifications) that the person's engine fuel meets:

• (l) the particular end use or type of end use of the person's engine fuel.

(1A) The Minister may, by notice in writing to a person described in subsection (1B), require that person to publish (in any particular form and manner), by a date specified in the notice, any information that may be required to be supplied to the Minister in relation to subsection (1)(f) to (l).

(1B) The persons who may be the recipients of a notice under subsection (1) or (1A) are—

• (a) [Repealed]

• (b) [Repealed]

• (c) [Repealed]

• (d) any persons engaged in the importation, distribution, production, refining, blending, exportation, or selling of petroleum, refined petroleum products, or engine fuel or goods capable of being used to make engine fuel.

(2) All information and all particulars required by a notice under subsection (1) or (1A) shall be furnished in such form and manner as the Minister may require and, if the Minister so requires, shall be certified by the person supplying the same as being correct to the best of that person's knowledge and belief.

(1) Every person commits an offence against this Act who, without sufficient reason (the proof whereof shall be on that person),—

• (a) fails to furnish, within the time specified in a notice given to that person under section 36(1) or (1A), the information or particulars required by that notice; or

• (b) furnishes, in response to a notice given to that person under section 36(1) or (1A), any information or particulars that to that person's knowledge is false or misleading in any material particular; or

• (c) refuses or fails to furnish any information or particulars in the form and manner in which it is required by a notice under section 36(1) or (1A).

(2) Every person who commits an offence against subsection (1), section 32, section 35A, or section 35D is liable on summary conviction,—

• (a) in the case of a person other than a body corporate, to a fine not exceeding $20,000:

• (b) in the case of a body corporate, to a fine not exceeding $200,000.

(1) Any High Court Judge, District Court Judge, Community Magistrate, Justice of the Peace, or Registrar of a District Court may issue a search warrant for any land, building, or place if satisfied, on application in writing made on oath, that there are reasonable grounds for believing that there is at that land, building, or place any thing that is evidence of 1 or more of the following:

• (a) the commission of an offence under this Act by any person.

• (b) [Repealed]

(2) The Judge, Community Magistrate, Justice, or Registrar may impose any reasonable conditions on the exercise of the warrant that he or she thinks fit.

(3) The Judge may authorise the search warrant to be executed on more than 1 occasion if he or she is satisfied that this is required for the purposes for which the warrant is being issued.

(1) A warrant authorises the person named in it—

• (a) to enter and search the land, building, or place specified in the warrant on 1 occasion within 14 days of the warrant’s date of issue (or more than 1 occasion if authorised under section 37A(3)) at a time that is reasonable in the circumstances:

• (b) to request any person to assist in the execution of the warrant:

• (c) to use any force for gaining entry and for breaking open any article or thing that is reasonable in the circumstances:

• (d) to search for and seize any thing that the warrant authorises the person who is executing the warrant to search for and seize:

• (e) if necessary, to take copies of documents or extracts from documents that the warrant authorises the person who is executing the warrant to copy:

• (f) if necessary, to require a person to reproduce, or assist any person executing the warrant to reproduce in usable form, information recorded or stored in a document.

(2) The powers in subsection (1) to enter and search the land, building, or place must not be exercised by a Ministry employee unless, when exercising the power, that employee is accompanied by a constable.

(3) The person executing the search warrant may also seize any thing that he or she, or any person assisting him or her, finds in the course of executing the warrant, if the person executing the warrant has reasonable grounds to believe that a search warrant could be obtained to search for that thing.

(4) A person assisting the person executing the warrant also has the powers referred to in subsection (1)(c) to (f) while in the company and under the direction of the person executing the warrant.

(5) The warrant must be executed in accordance with any conditions specified under section 37A(2).

A search warrant must—

• (a) be in the prescribed form; and

• (b) be directed to—

  • (i) a constable by name; or

  • (ii) any constable; or

  • (iii) any Ministry employee authorised by the Secretary; and

• (c) contain all of the following particulars:

  • (i) the land, building, or place that may be searched in accordance with the warrant; and

  • (ii) the offence in respect of which the warrant is issued; and

  • (iii) the provision of this Act authorising the issue of the warrant; and

  • (iv) a description of things that are authorised to be searched for and seized; and

  • (v) the period during which the warrant may be executed, or, if the warrant may be executed on more than 1 occasion, the number of times or the period of time over which the warrant may be executed; and

  • (vi) any conditions specified under section 37A(2).

A person executing a warrant must—

• (a) have the warrant with him or her; and

• (b) produce it on initial entry and, if requested, at any subsequent time; and

• (c) identify himself or herself to the owner or occupier or person in charge of the place if that person is present; and

• (d) produce evidence of his or her identity.

A person who executes a warrant must, when the search is completed, leave in a prominent position at the place searched or give to the owner or occupier, a written notice stating—

• (a) the date and time when the land, building, or place was searched; and

• (b) the name of the person who executed the warrant; and

• (c) for any seized thing, a list in accordance with section 37G.

If it is not practicable to prepare a list under section 37E in relation to seized things after completing the search, or if the owner or occupier of the place being searched consents, the person executing the warrant—

• (a) may, instead of leaving a list, leave a notice stating that things have been seized during the search and that, within 7 days of the search, a list will be delivered, left, or sent stating what things have been seized; and

• (b) must, within 7 days of the search,—

  • (i) deliver a list to the owner or occupier; or

  • (ii) leave a list in a prominent position at the place searched; or

  • (iii) send a list by post to the owner or occupier of the place searched.

A list under section 37E or 37F must state—

• (a) the things that have been seized; and

• (b) the location from where they were seized; and

• (c) the location where they are being held; and

• (d) that the things may be returned in accordance with sections 37J and 37K; and

• (e) the extent to which a person from whom a thing was seized, or the owner of the thing, has a right to have access to any document relating to the application for a search warrant; and

• (f) information about the right to bring a claim that any privileged or confidential information has been seized.

Section 198B of the Summary Proceedings Act 1957 applies with any necessary modifications to warrants issued under section 37A.

The Secretary, or any person authorised by the Secretary for the purpose, may inspect and take copies of any documents or extracts from them obtained under a warrant.

(1) In any proceedings for an offence relating to any thing seized under warrant, a court may order, either at the trial or hearing or on an application, that the thing be delivered to the person appearing to the court to be entitled to it, or that it be otherwise disposed of in any manner that the court thinks fit.

(2) Any constable may, at any time, unless an order has been made under subsection (1), return the thing to the person from whom it was seized, or apply to a Judge for an order for its disposal.

(3) An application under subsection (2) must be made on notice to any person known to have an interest in the thing.

(4) On an application under subsection (2), the Judge may make any order that a court may make under subsection (1).

(5) If proceedings for an offence relating to the thing are not brought within 3 months of seizure, any person claiming to be entitled to the thing may, after the expiry of that period, apply to a Judge for an order that it be delivered to him or her.

(6) On any such application, the Judge may—

• (a) adjourn the application, on any terms that he or she thinks fit, for proceedings to be brought; or

• (b) make any order that a court may make under subsection (1).

(1) If any person is convicted in any proceedings for an offence relating to any thing for which a warrant has been issued, and any order is made under section 37J, the operation of the order is suspended,—

• (a) in any case, until the expiration of the time for the filing of a notice of appeal or an application for leave to appeal; and

• (b) if a notice of appeal is filed within the time so prescribed, until the determination of the appeal; and

• (c) if an application for leave to appeal is filed within the time so prescribed, until the application is determined, and, if leave to appeal is granted, until the determination of the appeal.

(2) If the operation of an order under section 37J is suspended until the determination of the appeal, the court determining the appeal may, by order, cancel or vary the order.

After the commencement of this section, all regulations made under the Ministry of Energy Act 1977 and in force immediately before the commencement of this section, shall have effect as if they had been made under this Act and may be amended or revoked accordingly, and the repeal of the Ministry of Energy Act 1977 shall not affect the validity of those regulations or any amendment to those regulations.

Notwithstanding the repeal of the Ministry of Energy Act 1977 effected by this Act, any levies that are, immediately before the commencement of this section, payable to the Secretary of Energy, shall from the commencement of this section, become payable to the Secretary as if they were payable under this Act.