New Zealand Legislation: Acts

3 Interpretation

• (1) In Parts 1 to 5, unless the context otherwise requires,—

  Agency

  [Repealed]

  Agency: this definition was repealed, as from 8 August 2001, by section 3(1) Electricity Industry Reform Amendment Act 2001 (2001 No 42).

  Agreement includes a deed, a contract, an agreement, an arrangement, and an understanding, whether oral or written, express or implied, and whether or not enforceable at law

  arm’s-length rules means the objective and rules set out in Schedule 1

  Assets includes property of any kind, whether tangible or intangible, and includes rights, interests, and claims of every kind however they arise

  Associate has the same meaning as in section 12

  Business means any undertaking that is carried on whether for gain or reward or not

  Business A and business B have the same meanings as in section 6

  Commission means the Commerce Commission established by section 8 of the Commerce Act 1986

  Commission: this definition was amended, as from 25 January 2005, by section 200 Crown Entities Act 2004 (2004 No 115) by inserting the words “section 8 of” after the words “established by”.

  connected customer, in respect of a person, means a consumer (within the meaning of section 2(1) of the Electricity Act 1992) to whom that person sells electricity, if—

  • (a) the electricity is conveyed to that consumer on a line in which the person is involved; and

  • (b) the consumer and the line are within the same local network area

  connected customers selling cap means the rule in section 17C

  connected electricity business has the same meaning as in section 17D

  connected generation, in respect of a person, means generation in which the person is involved that is connected to a line in which the person is involved, if the generation and the line are within the same local network area

  connected generation cap means the rule in section 17A

  Control right has the same meaning as in section 9

  Court means the High Court; and includes a Judge of that Court

  Director, in relation to a body corporate, means a person occupying the position of director of the body corporate by whatever name called

  Disregarded involvement means a business or involvement or interest to which section 19 applies

  electricity business means a business that does any of the things referred to in section 7(1)(a) to (c)

  Electricity trust, in relation to an electricity business, means a trust that is constituted for purposes which include owning or controlling, directly or indirectly, all or part of an electricity company that carries on that business

  Equity return right has the same meaning as in section 10

  Exceeds the overlap threshold, for the purposes of section 20, means person A exceeds the overlap threshold in respect of person B if—

  • (a) More than 20% of the persons having non-specific interests in person A are likely to be the same persons as have interests in person B; or

  • (b) The class or classes of persons having non-specific interests in person A are substantially included in a class or classes of persons having interests in person B; or

  • (c) More than 20% of the persons likely to derive an appreciable benefit from non-specific interests in person A are likely to be the same persons as those that are likely to derive an appreciable benefit from equity return rights in person B; or

  • (d) More than 20% of the benefits distributed or distributable as a result of non-specific interests in person A are likely to benefit substantially the same class of persons as are likely to derive an appreciable benefit from equity return rights in person B; or

  • (e) Person A has a type of overlap specified from time to time in regulations made under section 87 and, for this purpose, paragraphs (a) to (d) of this definition do not limit the generality of that regulation-making power;—

  and overlap threshold being exceeded has a corresponding meaning

  Expectancy means, in relation to a business or any other person,—

  • (a) An expectancy or a contingent or unvested right to equity returns of the business or person; or

  • (b) A right to equity returns of the business or person which does not confer on the holder a certain or defined share of the equity returns available to all or to any class of persons having equity return rights in the business or person:

  financial year means a period of 12 months ending on 31 March

  Interest, in relation to an electricity business, means a direct or indirect control right or equity return right in, or a material influence over, the business

  Involved has the same meaning as in section 7

  line means works that are used or intended to be used for the conveyance of electricity, and includes a wire or cable

  local network means the lines, and associated equipment, owned or operated by an electricity distributor (within the meaning of section 2(1) of the Electricity Act 1992) in a contiguous geographic area or areas but does not include the national grid, and local network area has a corresponding meaning

  manager, in relation to a person,—

  • (a) means a person who, whether alone or jointly with any other person, manages, or directs or supervises the management of, the whole or a substantial part of the business and affairs of the person; and

  • (b) includes, for the avoidance of doubt,—

    • (i) in relation to a trust, a trustee:

    • (ii) in relation to a local authority, a member; but

  • (c) does not include,—

    • (i) in relation to a body corporate, a director of that body corporate:

    • (ii) in relation to an electricity business in which a local authority or any other person has an interest, a member of that local authority or manager of that person only as a result of having that position

  Material influence has the same meaning as in section 11

  maximum demand means, in relation to lines, the single highest half-hourly input (in kilowatts), during a particular financial year, to the lines, after allowing for diversity of the demand at each point of input

  maximum demand: this definition was inserted, as from 20 May 2003, by section 4(2) Electricity Industry Reform Amendment Act 2004 (2004 No 81).

  Member includes a shareholder of a body corporate, a beneficiary of a trust, and a partner in a partnership

  Minister means the Minister of the Crown who, under the authority of any warrant or with the authority of the Prime Minister, is for the time being responsible for the administration of this Act.

  Minister: this definition was inserted, as from 25 January 2005, by section 200 Crown Entities Act 2004 (2004 No 115).

  nameplate means the full-load continuous rating of a generator under specific conditions as designated by its manufacturer and measured in megawatts in accordance with International Electrotechnical Commission Standard 60034-1 or any successor to that standard or any recognised equivalent standard

  National grid means the assets used or owned by Transpower New Zealand Limited or any subsidiary of, or successor to, that company; and includes any replacement assets for those assets

  Non-specific interests means expectancies, or other interests that are not transferable or able to be surrendered, or not transferable or able to be surrendered without constraints of a kind likely to result: in the consideration for such a transfer or surrender being substantially less than the value of the interest if it were freely transferable

  Operating does not include the provision only of maintenance and related services

  ownership separation rules means the rules in sections 17 to 17C and section 20 (non-specific interests rule)

  Person includes the trustees of a trust acting in that capacity

  qualifying generation has the same meaning as in section 17C(2)

  renewable energy source means solar, wind, hydro, geothermal, biomass, tidal, wave, ocean current sources, or any other energy source that occurs naturally and the use of which will not permanently deplete New Zealand’s energy sources of that kind, because those sources are generally expected to be replenished by natural processes within 50 years or less of being used

  Rights means all rights, powers, privileges, and immunities, whether actual, contingent, or prospective

  sell means any arrangement under which electricity is bought and sold, except financial hedge contracts, and sell electricity has a corresponding meaning

  Subsidiary has the same meaning as in sections 5 and 6 of the Companies Act 1993

  (2) Where a section has a statement of purpose, the statement is an indication of the matters that may be considered in ascertaining the meaning of the section, but does not limit the section or any other section.

  (3) In relation to sections 17 and 19,—

  • (a) limitations, exclusions, or exemptions under those sections may be applied cumulatively; and

  • (b) references to an activity being carried out only or solely for a particular purpose or in a particular way, or to a person having an involvement or interest only or solely for a particular reason, must not be read as excluding reliance on any other limitation, exclusion, or exemption in any of those sections.

  Section 3(1) arm’s-length rules: inserted, on 14 October 2008, by section 5(3) of the Electricity Industry Reform Amendment Act 2008 (2008 No 71).

  Section 3(1) arms length rules: repealed, on 14 October 2008, by section 5(3) of the Electricity Industry Reform Amendment Act 2008 (2008 No 71).

  Section 3(1) connected customer: inserted, on 14 October 2008, by section 5(2) of the Electricity Industry Reform Amendment Act 2008 (2008 No 71).

  Section 3(1) connected customers selling cap: inserted, on 14 October 2008, by section 5(2) of the Electricity Industry Reform Amendment Act 2008 (2008 No 71).

  Section 3(1) connected electricity business: inserted, on 14 October 2008, by section 5(2) of the Electricity Industry Reform Amendment Act 2008 (2008 No 71).

  Section 3(1) connected generation: inserted, on 14 October 2008, by section 5(2) of the Electricity Industry Reform Amendment Act 2008 (2008 No 71).

  Section 3(1) connected generation cap: inserted, on 14 October 2008, by section 5(2) of the Electricity Industry Reform Amendment Act 2008 (2008 No 71).

  Section 3(1) core assets: repealed, on 14 October 2008, by section 5(1) of the Electricity Industry Reform Amendment Act 2008 (2008 No 71).

  Section 3(1) cross-involvement: repealed, on 14 October 2008, by section 5(1) of the Electricity Industry Reform Amendment Act 2008 (2008 No 71).

  Section 3(1) customer co-operative: repealed, on 14 October 2008, by section 5(1) of the Electricity Industry Reform Amendment Act 2008 (2008 No 71).

  Section 3(1) distributed generation: repealed, on 14 October 2008, by section 5(1) of the Electricity Industry Reform Amendment Act 2008 (2008 No 71).

  Section 3(1) electricity business: substituted, on 14 October 2008, by section 5 of the Electricity Industry Reform Amendment Act 2008 (2008 No 71).

  Section 3(1) electricity company: repealed, on 14 October 2008, by section 5(1) of the Electricity Industry Reform Amendment Act 2008 (2008 No 71).

  Section 3(1) electricity lines business: repealed, on 14 October 2008, by section 5(1) of the Electricity Industry Reform Amendment Act 2008 (2008 No 71).

  Section 3(1) electricity supply business: repealed, on 14 October 2008, by section 5(1) of the Electricity Industry Reform Amendment Act 2008 (2008 No 71).

  Section 3(1) exempt person: repealed, on 14 October 2008, by section 5(1) of the Electricity Industry Reform Amendment Act 2008 (2008 No 71).

  Section 3(1) existing cross-involvement: repealed, on 14 October 2008, by section 5(1) of the Electricity Industry Reform Amendment Act 2008 (2008 No 71).

  Section 3(1) existing involvement: repealed, on 14 October 2008, by section 5(1) of the Electricity Industry Reform Amendment Act 2008 (2008 No 71).

  Section 3(1) financial year: inserted, on 14 October 2008, by section 5(2) of the Electricity Industry Reform Amendment Act 2008 (2008 No 71).

  Section 3(1) line: substituted, on 14 October 2008, by section 5 of the Electricity Industry Reform Amendment Act 2008 (2008 No 71).

  Section 3(1) local network: inserted, on 14 October 2008, by section 5(2) of the Electricity Industry Reform Amendment Act 2008 (2008 No 71).

  Section 3(1) manager: substituted, on 14 October 2008, by section 5 of the Electricity Industry Reform Amendment Act 2008 (2008 No 71).

  Section 3(1) mirror co-operative: repealed, on 14 October 2008, by section 5(1) of the Electricity Industry Reform Amendment Act 2008 (2008 No 71).

  Section 3(1) mirror trust: repealed, on 14 October 2008, by section 5(1) of the Electricity Industry Reform Amendment Act 2008 (2008 No 71).

  Section 3(1) nameplate: substituted, on 14 October 2008, by section 5 of the Electricity Industry Reform Amendment Act 2008 (2008 No 71).

  Section 3(1) ownership separation rules: substituted, on 14 October 2008, by section 5 of the Electricity Industry Reform Amendment Act 2008 (2008 No 71).

  Section 3(1) qualifying generation: inserted, on 14 October 2008, by section 5(2) of the Electricity Industry Reform Amendment Act 2008 (2008 No 71).

  Section 3(1) renewable energy source: inserted, on 14 October 2008, by section 5(2) of the Electricity Industry Reform Amendment Act 2008 (2008 No 71).

  Section 3(1) sell: inserted, on 14 October 2008, by section 5(2) of the Electricity Industry Reform Amendment Act 2008 (2008 No 71).

  Section 3(1) settling trust: repealed, on 14 October 2008, by section 5(1) of the Electricity Industry Reform Amendment Act 2008 (2008 No 71).

  Section 3(1) transfer: repealed, on 14 October 2008, by section 5(1) of the Electricity Industry Reform Amendment Act 2008 (2008 No 71).

  Section 3(1) unseparated electricity business: repealed, on 14 October 2008, by section 5(1) of the Electricity Industry Reform Amendment Act 2008 (2008 No 71).

  Subsection 3 was inserted, as from 8 August 2001, by section 3(5) Electricity Industry Reform Amendment Act 2001 (2001 No 42).

  Section 3(3): amended, on 14 October 2008, by section 5(4) of the Electricity Industry Reform Amendment Act 2008 (2008 No 71).