New Zealand Legislation: Acts

13 Certain businesses and involvements to be disregarded

• (1) Section 19(1) is amended by inserting the following paragraphs after paragraph (ga):

  • “(gb) that person is involved in the generation of reserve energy that is in accordance with the terms and conditions for that reserve energy set by the Commission, as those terms are defined in the Electricity Act 1992; or

  • “(gc) that person is involved in the generation of electricity that is solely for the person’s own consumption or for the consumption of that person’s associates; or

  • “(gd) that person is involved in the generation of electricity that does not have a total annual nominal capacity greater than 5 GWh per annum (determined according to nameplate or nameplates); or

  • “(ge) that person is involved in selling no more than 5 GWh of electricity to connected customers within a local network area, in total, in a financial year; or”.

  (2) Section 19 is amended by inserting the following subsection after subsection (1):

  • “(1A) For the purposes of this Act, no account is to be taken of a person’s involvement in a line that—

    • “(a) is not connected, directly or indirectly, to the national grid:

    • “(b) conveys electricity only from a generator to the national grid or from the national grid to a generator:

    • “(c) conveys less than 5 GWh per annum:

    • “(d) conveys electricity solely for the consumption of a person who is involved in the line or for the consumption of its associates:

    • “(e) conveys electricity (other than via the national grid) only from a generator to a local network or from a local network to a generator:

    • “(f) conveys electricity mostly in competition with another line or lines operated by another electricity business that is not an associate of a person who is involved in the first line, provided that the competition is actual competition and not potential competition.”