5 Interpretation

In this Act, unless the context otherwise requires,—

ancillary service agent means a person who, pursuant to an agreement with the system operator, provides frequency keeping, instantaneous reserve, voltage support, over frequency reserve, black start, or any other ancillary service specified in the Code, and as defined in the Code

approved test house means a meter testing and calibration facility that has been approved in accordance with the procedures in the Code

Authority, or Electricity Authority, means the Electricity Authority established by section 12

breach has the meaning given in section 6

Code, or Electricity Industry Participation Code, means the Code administered by the Authority, as brought into force under section 36 and amended from time to time under section 38, 40, or 43

clearing manager means the person appointed by the Authority to act as the clearing manager under the Code

community trust, in relation to a distributor or a retailer, means a trust in respect of which—

(a)

at least 90% of the income beneficiaries comprise persons who are a class or classes identified by reference to their domicile or location or operation within the geographic area or areas of operation of the distributor or retailer; and

(b)

at least 90% of its income distributions are paid to those beneficiaries or for purposes related to that geographic area or areas

consumer means any person who is supplied, or applies to be supplied, with electricity other than for resupply

customer co-operative, in relation to a distributor or a retailer, means a co-operative company (as defined in section 2(1) of the Co-operative Companies Act 1996) that has the characteristics described in the definition of customer trust in this section, applied as if references to trusts were to co-operatives, references to income beneficiaries were to shareholders, and all other necessary modifications were made

customer trust, in relation to a distributor or a retailer, means a trust in respect of which—

(a)

at least 90% of the income beneficiaries comprise persons who are a class or classes identified by reference to any of—

(i)

the person’s connection to the lines of the distributor:

(ii)

the person’s liability for payment for supply of electricity from the retailer that retails to customers that are connected to the distributor’s network:

(iii)

the person’s receipt of electricity from the retailer that retails to customers that are connected to the distributor’s network:

(iv)

the person’s liability for payment for the connection to the lines of the distributor:

(v)

the person’s liability for payment for line services supplied by the distributor; and

(b)

at least 90% of its income distributions are paid to those beneficiaries

distribution means the conveyance of electricity on lines other than lines that are part of the national grid

distributor means a business engaged in distribution

domestic consumer means a person who purchases or uses electricity in respect of domestic premises

domestic premises means premises that are used or intended for occupation by a person principally as a place of residence; but does not include premises that constitute any part of premises described in section 5(c) to (k) of the Residential Tenancies Act 1986 (which refers to places such as jails, hospitals, hostels, hotels, and other places providing temporary accommodation)

generation means the generation of electricity that is fed into the national grid or a network

generator means a business engaged in generation

industry participant, or participant, means a person, or a person belonging to a class of persons, identified in section 7 as being a participant in the electricity industry

industry service provider means a person who—

(a)

provides a service or performs a role in the electricity industry that is recognised in the Code, including the people listed in section 7(2); but

(b)

is not any of the industry participants identified in section 7(1)(a) to (h)

line function services has the meaning given in section 2(1) of the Electricity Act 1992

lines means works used or intended to be used to convey electricity

load aggregator means a person who contracts with 1 or more consumers so that the person is able to deal with the electricity otherwise required by those consumers in any way, including putting in place agreements under which those consumers voluntarily change their consumption level, so that the person is able to offer the combined increase or reduction in the interruptable load of all those consumers as collective demand, either in the wholesale electricity market or under any other bilateral agreement or contract

market operation service provider means the system operator and any person appointed by the Authority under the Code to perform any of the following market operation service provider roles:

(a)

the registry manager:

(b)

the reconciliation manager:

(c)

the pricing manager:

(d)

the clearing manager:

(e)

the market administrator:

(f)

the wholesale information trading system provider:

(g)

any other role identified in regulations as a market operation service provider role

metering equipment owner and meter owner means a person who owns any or all of the items of metering equipment installed in a metering installation

metering equipment provider means a person who, in accordance with the Code,—

(a)

assumes responsibility for any metering installation; or

(b)

is appointed to be responsible for any metering installation

Minister, in any provision, means the Minister of the Crown who, under the authority of any warrant or with the authority of the Prime Minister, is responsible for the administration of that provision or the Part containing that provision

Ministry, in any provision, means the department responsible for the administration of that provision or the Part that contains that provision

national grid means the lines and associated equipment used or owned by Transpower to convey electricity

network means a distributor’s lines and associated equipment used for distribution

publicise, in relation to a document or information being publicised by a person, means making the document or information available, free of charge,—

(a)

on the person’s Internet site at all reasonable times (except to the extent that doing so would infringe copyright in the material or be inconsistent with any enactment or rule of law); and

(b)

in any other manner that the person may decide

publicly available, in relation to making a document or information available, means that—

(a)

the document or information is available for inspection, free of charge, on an Internet site that is publicly accessible at all reasonable times (except to the extent that doing so would infringe copyright in the material or be inconsistent with any enactment or rule of law); and

(b)

a copy of the document or information is available for inspection at all reasonable times, free of charge, at the head office of the person required to make it publicly available or, if the person is a Minister, at the head office of the relevant Ministry; and

(c)

copies of the document may be purchased by any person at a reasonable price

purchaser means an industry participant who buys electricity from the clearing manager; and includes any other participant that has assumed that person’s rights and obligations in relation to the purchaser

regulations means regulations made under this Act

retailer means a business engaged in retailing

retailing means the sale of electricity to a consumer other than for the purpose of resale

Rulings Panel means the Rulings Panel continued by section 23

system operator means the person who ensures the real-time co-ordination of the electricity system, and is the person referred to in section 8

trader in electricity means a person who trades in electricity or electricity derivatives, and includes—

(a)

a person who buys or sells contracts under which the payment obligations may change according to the changes in the price at which electricity is bought or sold in any market in New Zealand; and

(b)

any related clearing house or exchange

transmission means the conveyance of electricity through the national grid

Transpower means Transpower New Zealand Limited or any subsidiary of, or successor to, that company

works

(a)

means any fittings (as defined in section 2(1) of the Electricity Act 1992) that are used, designed, or intended for use in or in connection with the generation, conversion, transformation, or conveyance of electricity; but

(b)

does not include any part of an electrical installation (as defined in section 2(1) of the Electricity Act 1992).