Coat of Arms of New Zealand

Gas Amendment Act 2012

Public Act2012 No 103
Date of assent11 December 2012
Commencementsee section 2

The Parliament of New Zealand enacts as follows:

1 Title
  • This Act is the Gas Amendment Act 2012.

2 Commencement
  • This Act comes into force on the day after the date on which it receives the Royal assent.

3 Principal Act amended
4 Interpretation
  • (1) Paragraph (a) of the definition of distribution system in section 2(1) is amended by omitting under the control of a gas distributor and.

    (2) Section 2(1) is amended by repealing the definition of gas distributor and substituting the following definition:

    gas distributor means any person who supplies line function services to any gas retailer or other person by means of a distribution system and includes a gas distributor who is also a gas retailer providing line function services to itself.

    (3) Section 2(1) is amended by inserting the following definition in its appropriate alphabetical order:

    gas producer means a person who supplies gas that is transmitted through gas transmission or distribution pipelines.

5 Interpretation
  • Section 43D is amended by repealing the definition of gas producer.

6 Compliance with rules and binding settlements
  • Section 43EB is amended by adding the following subsection:

    • (5) A reference in this section to a member includes a reference to a person who was a member of the dispute resolution scheme at the relevant time but is no longer a member at the time of the application or order.

7 Offence to fail to comply with District Court order
  • Section 43EC(1) is amended by inserting or former member after member in each place where it appears.

8 Gas governance regulations for wholesale market, processing facilities, transmission, and distribution of gas
9 Other gas governance regulations
10 Heading above section 43ZQ amended
  • The heading above section 43ZQ is amended by omitting strategic plan and substituting statement of intent.

11 Industry body strategic plan
  • (1) The heading to section 43ZQ is amended by omitting strategic plan and substituting statement of intent.

    (2) Section 43ZQ is amended by omitting strategic plan in each place where it appears and substituting in each case statement of intent.

    (3) Section 43ZQ(2), (3), and (4) are amended by omitting The plan and substituting in each case The statement of intent.

12 Extra information required in strategic plan for first financial year
  • (1) The heading to section 43ZR is amended by omitting strategic plan and substituting statement of intent.

    (2) Section 43ZR is amended by omitting strategic plan and substituting statement of intent.

13 New section 43ZS substituted
  • Section 43ZS is repealed and the following section substituted:

    43ZS Application and term of statement of intent
    • An industry body statement of intent is in force—

      • (a) from the later of—

        • (i) the date on which the final statement of intent is provided to the Minister; or

        • (ii) the first day of the period to which the statement of intent states that it relates; and

      • (b) until a new statement of intent is in force in relation to the industry body (despite the end of any financial year to which the statement of intent relates); and

      • (c) with any amendments that are made as described in section 43ZU.

14 Process for providing strategic plan to Minister
  • (1) The heading to section 43ZT is amended by omitting strategic plan and substituting statement of intent.

    (2) Section 43ZT is amended by omitting strategic plan in each place where it appears and substituting in each case statement of intent.

15 Amendments by industry body
  • Section 43ZU(1), (2), and (4) are amended by omitting strategic plan in each place where it appears and substituting in each case statement of intent.

16 Strategic plan must be publicised
  • (1) The heading to section 43ZV is amended by omitting Strategic plan and substituting Statement of intent.

    (2) Section 43ZV is amended by omitting strategic plan in each place where it appears and substituting in each case statement of intent.

17 Annual report
  • Section 43ZW(1)(a) is amended by omitting strategic plan and substituting statement of intent.

18 Minister must accept recommendations if certain conditions met
  • Section 43ZZD(2)(a) is amended by omitting strategic plan and substituting statement of intent.

19 Levy regulations that may be made
  • Section 43ZZE is amended by inserting the following subsection after subsection (4):

    • (4A) The levy regulations may—

      • (a) require the keeping and supply to the industry body of such information as may be necessary for the purpose of establishing the correct amount of the levy payable; and

      • (b) prescribe the period for which such information must be kept; and

      • (c) prescribe the form and manner in which any of that information is to be supplied to the industry body; and

      • (d) require information supplied to the industry body to be certified, in the prescribed form and manner, by persons belonging to any specified class of persons.

20 Authorisations for purposes of Commerce Act 1986

Legislative history

5 December 2012Divided from Statutes Amendment Bill (No 3) (Bill 349–2) by committee of the whole House, third reading
11 December 2012Royal assent

This Act is administered by the Ministry of Business, Innovation, and Employment.