Electricity Act 1992

Electricity Amendment Act 2001

Public Act2001 No 40
Date of assent7 August 2001
Commencementsee section 2
1 Title
2 Commencement

  • Except as provided in section 3, this Act comes into force on the day after the date on which it receives the Royal assent.

10 Rights of entry in respect of existing works

  • (1) Amendment(s) incorporated in the Act(s).

    (2) The amendment made by subsection (1) does not have the effect of making an activity a permitted use under a district plan or regional plan under the Resource Management Act 1991 if it would not have been a permitted use if subsection (1) had not been enacted.

13 New headings and sections 158A to 158F inserted

  • (1) Amendment(s) incorporated in the Act(s).

    (2) Sections 158C to 158E (as inserted by subsection (1)) apply to a community trust or customer trust for a financial year that begins no sooner than 6 months after the commencement of this section, and for subsequent financial years.

14 Repeal and saving of information disclosure provisions

  • (1) Amendment(s) incorporated in the Act(s).

    (2) The Electricity (Information Disclosure) Regulations 1999 continue in force until they are revoked, despite the repeal of section 170.

    (3) Sections 171, 171A, and 172 continue in force for the purpose of the continuation of the Electricity (Information Disclosure) Regulations 1999 under subsection (2).

19 Transitional provision for Transpower's pricing methodology on and after 26 July 2001

  • (1) Any person who has assets that are directly connected to the national grid must pay for grid connection services provided on and after 26 July 2001 the amount that is charged by Transpower in accordance with the transitional pricing methodology.

    (2) The transitional pricing methodology is the pricing methodology contained in Pricing for Grid Connection Services from 1 April 2001, as published by Transpower in December 2000, without being affected by any year-specific data that is, or may later be, appended to that methodology.

    (3) The amount payable under subsection (1)—

    • (a) is recoverable in any court of competent jurisdiction as a debt due to Transpower; and

    • (b) may be challenged in any proceedings to recover the debt on the ground that Transpower has incorrectly applied the methodology in a manner that is adverse to the payer, but the methodology itself may not be challenged.

    (4) This section applies—

    • (a) except to the extent that it would limit or override any new or existing agreement that is binding on Transpower and the other person; and

    • (b) until the end of the transitional period.

    (5) The transitional period ends on the close of 6 April 2004.

    (6) [Repealed]

    Section 19(5): substituted, on 26 January 2004, by section 30 of the Electricity Amendment Act 2004 (2004 No 80).

    Section 19(6): repealed, on 26 January 2004, by section 30 of the Electricity Amendment Act 2004 (2004 No 80).

20 Savings provision for Transpower's pricing methodology before 26 July 2001

  • (1) No person who owns assets that are directly connected to the national grid may, on or after 26 July 2001,—

    • (a) recover in court any amount paid for grid connection services provided by Transpower before 26 July 2001; or

    • (b) make any set-off, counterclaim, or deduction in respect of all or any part of such an amount, against or from any amount that is owing to Transpower under section 19 or otherwise.

    (2) Transpower may not, on or after 26 July 2001, recover in court any amount—

    • (a) that has been charged in respect of grid connection services provided by Transpower before 26 July 2001; and

    • (b) that is the subject of a genuine dispute relating to the transitional pricing methodology (or a previous pricing methodology relating to grid connection services), which dispute has been notified in writing to Transpower before 26 July 2001.

    (3) Subsection (1) applies despite the fact that a person may have paid the amount to Transpower on a without prejudice basis.

21 Validations of actions by persons without electricity operator status

  • (1) Actions taken by persons in the following circumstances are as lawful as if the persons who carried out the actions were electricity operators under section 4 of the principal Act at the time when the actions were carried out:

    • (a) actions carried out, at any time during the period commencing on 1 April 1993 and ending with the date of commencement of the Electricity Operators Order 1995, by persons named in that order; and

    • (b) actions carried out, at any time during the period commencing on 23 June 1998 and ending with 28 December 2000, by the companies currently known as United Networks Limited, VECTOR Limited, Orion New Zealand Limited, and Eastland Network Limited.

    (2) Subsection (1) applies only to the extent that the actions were carried out in a way that is consistent with being an electricity operator.