Gas Amendment Act 2004

Reprint as at 1 November 2010

Gas Amendment Act 2004

Public Act2004 No 83
Date of assent17 October 2004
Note

Changes authorised by section 17C of the Acts and Regulations Publication Act 1989 have been made in this eprint.

A general outline of these changes is set out in the notes at the end of this eprint, together with other explanatory material about this eprint.

This Act is administered in the Ministry of Commerce.

Contents

1 Title

2 Commencement

Commencement of Energy Commission provisions

3 Process to apply before Energy Commission provisions may be commenced

Amendments to principal Act

4 Title amended

5 New Part 4A inserted

Part 4A
Governance of Gas Industry

Subpart 1—General and regulation-making powers

Preliminary provisions

43A Purpose

43B Outline of Part

43C Outline of regulation-making powers

43D Interpretation

Complaints resolution system

43E Complaints resolution system

Gas industry regulation-making powers

43F Gas governance regulations for wholesale market, processing facilities, transmission, and distribution of gas

43G Other gas governance regulations

43H Low fixed charge tariff option for domestic consumers

Process for making recommendations for gas governance regulations

43I Which gas governance regulations can be made if there is no industry body or Commission

43J Which gas governance regulations can be made if there is industry body but no Commission

43K Which gas governance regulations can be made if there is Commission

43L Consultation before making recommendation for gas governance regulations

43M Other process for making recommendations for gas governance regulations

43N Assessment of proposed gas governance regulations

43O Process after making recommendation for gas governance regulation

43P Urgent regulations

Gas governance rules

43Q Gas governance rules

43R Method of making gas governance rules

Supplementary provisions

43S Supplementary empowering provision for regulations and rules

43T Supplementary empowering provision for regulations

Provisions that apply if gas governance regulations or rules are in force

43U Party must co-operate with investigations

43V Privileges protected

43W Limits on investigation powers

43X Rulings Panel may make certain orders

43Y Restriction of remedies

43Z Limit on tort claims against service providers

Appeals

43ZA Appeals on ground of lack of jurisdiction

43ZB Judicial review not precluded

43ZC Appeals on question of law in relation to decisions by industry body, Commission, or Rulings Panel

43ZD Right of appeal against suspension or termination orders

43ZE Persons entitled to appeal

43ZF Determination of appeals

43ZG High Court may refer appeals back to industry body, Commission, or Rulings Panel for reconsideration

43ZH Provisions pending determination of appeal

43ZI High Court may order proceedings be heard in private

43ZJ Appeal to Court of Appeal in certain cases

Subpart 2—Co-regulation of gas industry

43ZK Purpose of subpart

Approval of industry body

43ZL Approval of industry body

43ZM Revocation of approval of industry body

Objectives of industry body in relation to recommendations for gas governance regulations

43ZN Objectives of industry body in recommending regulations for wholesale market, processing facilities, transmission, and distribution of gas

GPS objectives and outcomes

43ZO Setting of GPS objectives and outcomes

43ZP What Minister can do with industry body recommendations about wholesale market, processing facilities, transmission, and distribution of gas

Industry body strategic plan

43ZQ Industry body strategic plan

43ZR Extra information required in strategic plan for first financial year

43ZS Application and term of strategic plan

43ZT Process for providing strategic plan to Minister

43ZU Amendments by industry body

43ZV Strategic plan must be publicised

Industry body annual report

43ZW Annual report

43ZX Disclosure of payments in respect of industry body board members and employees

43ZY Annual report must be presented to House of Representatives

Miscellaneous provisions

43ZZ Publication of industry body documents

43ZZA Auditors

Levy to fund industry body

43ZZB Industry body recommendation for levy regulations

43ZZC Costs that may be met from levy

43ZZD Minister must accept recommendations if certain conditions met

43ZZE Levy regulations that may be made

43ZZF Expiry of subpart

Subpart 3—Governance of gas industry by Energy Commission

Preliminary provisions

43ZZG Purpose

Energy Commission

43ZZH Commission to govern gas industry established

43ZZI Continuation of Commission's functions, objectives, etc

43ZZJ Additional principal objective of Energy Commission

43ZZK Additional specific outcomes in relation to gas

43ZZL Additional functions

43ZZM Additional members and their duties

Role of Energy Commission in relation to gas governance regulations and rules

43ZZN Objectives of recommendations

43ZZO Consultation and accountability sections apply

43ZZP Levy of industry participants

43ZZQ Amendments to Ombudsmen Act 1975 and Public Finance Act 1989

Subpart 4—Exemptions from restrictive trade practice provisions of Commerce Act 1986

43ZZR Authorisations for purposes of Commerce Act 1986

Reprint notes

The Parliament of New Zealand enacts as follows: