Electricity Industry Reform Act (Fees) Regulations 1998

  • revoked
  • Electricity Industry Reform Act (Fees) Regulations 1998: revoked, on 1 November 2010, by section 166 of the Electricity Industry Act 2010 (2010 No 116).

Reprint
as at 1 November 2010

Crest

Electricity Industry Reform Act (Fees) Regulations 1998

(SR 1998/276)

Michael Hardie Boys, Governor-General

Order in Council

At Wellington this 21st day of September 1998

Present:
The Right Hon Jenny Shipley presiding in Council

  • Electricity Industry Reform Act (Fees) Regulations 1998: revoked, on 1 November 2010, by section 166 of the Electricity Industry Act 2010 (2010 No 116).


Note

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

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

These regulations are administered by the Ministry of Economic Development.


Pursuant to section 87(2) of the Electricity Industry Reform Act 1998, His Excellency the Governor-General, acting by and with the advice and consent of the Executive Council, makes the following regulations.

Regulations

1 Title and commencement
  • (1) These regulations may be cited as the Electricity Industry Reform Act (Fees) Regulations 1998.

    (2) These regulations come into force on 22 September 1998.

1A Fee prescribed for applications under section 17C of Act
  • A fee of $11,250 is payable to the Commerce Commission by any applicant for a determination under section 17C of the Electricity Industry Reform Act 1998.

    Regulation 1A: inserted, on 30 October 2008, by regulation 4 of the Electricity Industry Reform Act (Fees) Amendment Regulations 2008 (SR 2008/354).

2 Fee prescribed for exemption applications
  • A fee of $11,250 is payable to the Commerce Commission by any applicant for an exemption under section 81(1) of the Electricity Industry Reform Act 1998.

3 Refunds
  • The Commerce Commission must make a refund to an applicant who has paid a fee under these regulations if the actual cost of processing the application and refund is materially less than the fee paid.

    Regulation 3: substituted, on 30 October 2008, by regulation 5 of the Electricity Industry Reform Act (Fees) Amendment Regulations 2008 (SR 2008/354).

4 Schedule of costs
  • (1) The Commerce Commission must prepare, as soon as is reasonably practicable, a schedule that—

    • (a) identifies, in respect of the processing of applications generally, the stages of the work involved and, if practicable, the likely apportionment of costs between those stages:

    • (b) identifies, in respect of the processing of any particular application, a method of calculation to determine the actual cost of processing the application and refund:

    • (c) indicates how refunds will be paid in the event that the actual cost of processing is materially less than the fee paid under these regulations.

    (2) The method of calculation in subclause (1)(b) may be any method of calculation that will enable an amount to be arrived at (including an hourly rate) or any other means that fixes or will fix a cost for the work involved in processing an application and refund.

    (3) A copy of the schedule must be—

    • (a) available for public inspection free of charge during normal office hours at the offices of the Commission; and

    • (b) sent by the Commission to any person who requests it.

    (4) The Commission may amend the schedule from time to time.

    Regulation 4(1): substituted, on 30 October 2008, by regulation 6 of the Electricity Industry Reform Act (Fees) Amendment Regulations 2008 (SR 2008/354).

5 Goods and services tax
  • The fees prescribed by these regulations are inclusive of goods and services tax.

    Regulation 5: amended, on 30 October 2008, by regulation 7 of the Electricity Industry Reform Act (Fees) Amendment Regulations 2008 (SR 2008/354).

Marie Shroff,
Clerk of the Executive Council.


Issued under the authority of the Acts and Regulations Publication Act 1989.

Date of notification in Gazette: 22 September 1998.


Contents

  • 1General

  • 2Status of reprints

  • 3How reprints are prepared

  • 4Changes made under section 17C of the Acts and Regulations Publication Act 1989

  • 5List of amendments incorporated in this reprint (most recent first)


Notes
1 General
  • This is a reprint of the Electricity Industry Reform Act (Fees) Regulations 1998. The reprint incorporates all the amendments to the regulations as at 1 November 2010, as specified in the list of amendments at the end of these notes.

    Relevant provisions of any amending enactments that contain transitional, savings, or application provisions that cannot be compiled in the reprint are also included, after the principal enactment, in chronological order. For more information, see http://www.pco.parliament.govt.nz/reprints/ .

2 Status of reprints
  • Under section 16D of the Acts and Regulations Publication Act 1989, reprints are presumed to correctly state, as at the date of the reprint, the law enacted by the principal enactment and by the amendments to that enactment. This presumption applies even though editorial changes authorised by section 17C of the Acts and Regulations Publication Act 1989 have been made in the reprint.

    This presumption may be rebutted by producing the official volumes of statutes or statutory regulations in which the principal enactment and its amendments are contained.

3 How reprints are prepared
  • A number of editorial conventions are followed in the preparation of reprints. For example, the enacting words are not included in Acts, and provisions that are repealed or revoked are omitted. For a detailed list of the editorial conventions, see http://www.pco.parliament.govt.nz/editorial-conventions/ or Part 8 of the Tables of New Zealand Acts and Ordinances and Statutory Regulations and Deemed Regulations in Force.

4 Changes made under section 17C of the Acts and Regulations Publication Act 1989
  • Section 17C of the Acts and Regulations Publication Act 1989 authorises the making of editorial changes in a reprint as set out in sections 17D and 17E of that Act so that, to the extent permitted, the format and style of the reprinted enactment is consistent with current legislative drafting practice. Changes that would alter the effect of the legislation are not permitted.

    A new format of legislation was introduced on 1 January 2000. Changes to legislative drafting style have also been made since 1997, and are ongoing. To the extent permitted by section 17C of the Acts and Regulations Publication Act 1989, all legislation reprinted after 1 January 2000 is in the new format for legislation and reflects current drafting practice at the time of the reprint.

    In outline, the editorial changes made in reprints under the authority of section 17C of the Acts and Regulations Publication Act 1989 are set out below, and they have been applied, where relevant, in the preparation of this reprint:

    • omission of unnecessary referential words (such as of this section and of this Act)

    • typeface and type size (Times Roman, generally in 11.5 point)

    • layout of provisions, including:

      • indentation

      • position of section headings (eg, the number and heading now appear above the section)

    • format of definitions (eg, the defined term now appears in bold type, without quotation marks)

    • format of dates (eg, a date formerly expressed as the 1st day of January 1999 is now expressed as 1 January 1999)

    • position of the date of assent (it now appears on the front page of each Act)

    • punctuation (eg, colons are not used after definitions)

    • Parts numbered with roman numerals are replaced with arabic numerals, and all cross-references are changed accordingly

    • case and appearance of letters and words, including:

      • format of headings (eg, headings where each word formerly appeared with an initial capital letter followed by small capital letters are amended so that the heading appears in bold, with only the first word (and any proper nouns) appearing with an initial capital letter)

      • small capital letters in section and subsection references are now capital letters

    • schedules are renumbered (eg, Schedule 1 replaces First Schedule), and all cross-references are changed accordingly

    • running heads (the information that appears at the top of each page)

    • format of two-column schedules of consequential amendments, and schedules of repeals (eg, they are rearranged into alphabetical order, rather than chronological).

5 List of amendments incorporated in this reprint (most recent first)