New Zealand Legislation: Acts

43L Consultation before making recommendation for gas governance regulations

• (1) Before making a recommendation for any gas governance regulations, the recommending body must—

  • (a) undertake an assessment under section 43N; and

  • (b) consult with persons that the recommending body thinks are representative of the interests of persons likely to be substantially affected by the proposed regulations; and

  • (c) give those persons the opportunity to make submissions; and

  • (d) consider those submissions.

  (2) However, subsection (1) does not apply to the Minister if the Minister’s recommendation—

  • (a) implements the effect of a recommendation of the industry body or the Commission; and

  • (b) does not differ from that recommendation in any material way (for example, other than in matters of drafting style or minor detail).

  (3) Before making a recommendation concerning regulations under section 43G(2)(a) to (h) or section 43H, the Minister must consult with the Minister of Consumer Affairs.

  (4) This section is subject to section 43P in the case of urgent regulations.

  (5) A regulation that is found by a court to be invalid solely because of a contravention of this section may not be declared to be invalid with effect earlier than 6 months after the date of the declaration.

  Section 43L: inserted, on 18 October 2004, by section 5 of the Gas Amendment Act 2004 (2004 No 83).