New Zealand Legislation: Regulations
Regulations are laws made under Acts
Reprint as at 1 November 2010
(SR 2003/374)
Dame Sian Elias, Administrator of the Government
At Wellington this 15th day of December 2003
Present:
Her Excellency the Administrator of the Government in Council
Electricity Governance Regulations 2003: revoked, on 1 November 2010, by section 166 of the Electricity Industry Act 2010 (2010 No 116).
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 subpart 2 of Part 14 of the Electricity Act 1992, Her Excellency the Administrator of the Government, acting on the advice and with the consent of the Executive Council and on the recommendation of the Minister of Energy, makes the following regulations.
6 Relationship between remedies under these regulations or rules and other remedies [Revoked]
Part 1
Participation in electricity industry
Subpart 1—Register of participants
Participants must supply registration information
7 Obligation to supply registration information
8 When registration information must be supplied
9 Commission must keep register of participants
10 Commission must publicise information about new participants
14 Effect of ceasing to be participant
Subpart 2—Availability of rulebook information
Power to request rulebook information
15 Requests for rulebook information
Information held by Commission
16 Information held by Commission
Information held by other participants
17 Information not held by Commission
18 Commission must contact participant believed to hold requested information
19 Participant must consider request
20 Rulebook information should be made available to all participants unless good reason
23 Participants must not enter contracts that prejudice supply of rulebook information
24 Decision about supplying information
25 Process if participant agrees to supply information
27 Documents may include deletions
28 Process if participant refuses to supply information
30 Appointment of service providers
31 Functions, rights, powers, and obligations of service providers
32 Term of appointment of service provider
33 Terms of service provider agreements
34 Publication of service provider agreements
35 Commission may be service provider
Force majeure provisions relating to service providers
37 Meaning of force majeure event
38 Relief of obligation because of force majeure
40 Commission may contract elsewhere during force majeure event
41 Commission may terminate service provider agreements
43 Performance standards to be agreed
Accountability of service providers via self-review
44 Self-review must be carried out by service providers
45 Service providers must report to Commission
Review of service providers by Commission
46 Review of service providers other than system operator
48 Additional matters to be taken into account in system operator review
49 Commission must publicise system operator reports
50 Separation of Transpower roles
Rules concerning service provider software
51 Software specifications for service providers
52 Service provider must arrange audit of software
53 Requirements for using software
Part 2A
Force majeure provisions relating to ancillary service agents
53A Meaning of force majeure event in regulations 53A to 53C
53B Relief of obligation because of force majeure
Part 3
Regime for dealing with undesirable trading situations
54 Occurrence of undesirable trading situation
55 Meaning of undesirable trading situation
56 Actions Commission may take to correct undesirable trading situation
57 Offence not to comply with Commission direction under regulation 56(2)
58 Commission must consult with system operator
59 Commission must consult with participants
60 Commission must attempt to correct and restore normal operation as soon as possible
Part 4
Complaints about, and reporting of, breaches of regulations and rules
Participants must investigate complaints made to them
61 Participants must investigate complaints made to them
Mandatory reporting to Commission of breaches of regulations and rules
62 Participant must notify breach of regulations and rules by other participants
63 Participants must report quality and security breaches
64 Offence not to notify quality and security breach
Voluntary reporting to Commission of breaches of regulations or rules
65 Voluntary reporting of breaches of rules or regulations
Preliminary provisions applying when breach is reported
66 Commission must keep information confidential
67 Power to dismiss notification of alleged breach
69 Commission must appoint investigator
70 Commission's power to appoint investigator
71 Investigator may appoint other persons to give advice
72 Commission must avoid conflicts
73 Investigator must keep information confidential
Notification that allegations are being investigated
74 Investigator must notify participant allegedly in breach
75 Investigation must be publicised and affected parties may join as parties to investigation
76 Participant alleged to be in breach must respond to allegations
77 If participant alleged to be in breach does not respond to allegations
Investigation of alleged breaches
78 Investigator must investigate
79 Party must co-operate with investigations [Revoked]
80 Privileges protected [Revoked]
81 Limits on investigation powers [Revoked]
Procedures if alleged breach resolved by settlement
82 Informal resolution process
83 Settlements must be written, etc
84 Commission decides whether to approve settlements
85 Settlements must be publicised
86 Commission decides whether complaint is laid
87 Further complaints about same matter
Procedures if alleged breach not resolved by settlement
88 Investigator's report to Commission
89 Right to copy of investigation material
90 Commission must decide whether formal complaint to be laid
91 Commission must publicise decisions
92 Complainant may lay formal complaint
93 Process if Commission decides that formal complaint should be laid
94 Process if complainant decides that formal complaint should be laid
95 Process for Rulings Panel to deal with complaint
Part 5
Proceedings of Rulings Panel
96 Rulings Panel may regulate own procedures
97 Rulings Panel must conduct hearings
98 Pre-hearing statements and materials
99 Private hearings may be opposed
100 Urgent hearings [Revoked]
101 Evidence not otherwise admissible
102 Rights of participants who are subject of Rulings Panel hearing
103 Rulings Panel may request further information
104 Rulings Panel may seek advice
105 Participant may make written submissions
Part 6
Decisions of Rulings Panel
Orders that Rulings Panel may make
107 Rulings Panel may make certain orders [Revoked]
108 Offence to breach compliance orders
110 Rulings Panel may not require grid owner to pay civil pecuniary penalty for metering breaches
111 Liability of system operator in relation to security issues
112 Limit of liability of system operator
Liability in respect of metering
113 Limit on liability in relation to metering
114A Limit of liability of Transpower and designated transmission customers
115 Limit of liability of asset owners
Liability of ancillary service agents
115A Limit of liability of ancillary service agents
Liability in respect of final prices
116 Limit on compensation if breach relates to final prices
Liability of reconciliation manager
117 Liability of reconciliation manager
118 Reconciliation manager is liable for financial loss
119 Limit of liability of reconciliation manager
120 No liability in respect of reasonably assessing information
121 Liability of clearing manager
122 Clearing manager is liable for financial loss
123 Limit of liability of clearing manager
124 Clearing manager must maintain fidelity insurance
125 Limit of liability of registry
Liability of market administrator
126 Limit of liability of market administrator
127 Limit of liability of pricing manager
General rules relating to liability limits and insurance
128 Division of limits if more than 1 participant suffers loss
129 Participants must make payments needed to settle division of liability limits
130 Loss caused by wilful breach or fraud
131 Obligation to maintain professional indemnity insurance
132 Civil pecuniary penalties included in liability limits
133 Grace period [Revoked]
135 Decisions must be publicised
136 Participants must comply with orders and directions
137 Sums to be paid by party are debt due
Termination and suspension orders under this Part
138 Powers of termination and suspension
139 Offence not to comply with termination order or suspension order
141 Rulings Panel to make directions or arrangements
142 Offence not to comply with direction or arrangement
143 Trading of electricity can be suspended if generator or purchaser becomes insolvent, etc
144 Suspension does not affect common quality obligations
145 Termination order may follow suspension
146 Form and effect of suspension orders and termination orders
Part 7
Rulings Panel may determine reconciliation disputes and disputes on ancillary service procurement contracts
148 Parties may apply to Rulings Panel to resolve dispute
150 Rulings Panel must notify when dispute resolution will take place
151 Rulings Panel to adopt appropriate procedure
152 Rulings Panel not subject to strict evidentiary requirements
156 Determinations Rulings Panel may make
157 Breaches referred to Commission
Establishment of Rulings Panel
160 Establishment of Rulings Panel
161 Functions of Rulings Panel
Appointment of members of Rulings Panel
162 Membership of Rulings Panel
162A How members are appointed
162B Characteristics of Rulings Panel
162C Restrictions on persons who may be members
Resignation and removal of members
164A Members ceasing to hold office
Chairperson and deputy chairperson of Rulings Panel
165 Chairperson of Rulings Panel
165A Appointment of deputy chairperson
165E Exercise of chairperson’s functions, duties, and powers during vacancy
166 Characteristics of Rulings Panel [Revoked]
167 Members of Rulings Panel must not be interested [Revoked]
Remuneration and expenses of Rulings Panel members
168 Remuneration and expenses of Rulings Panel members
Disclosure of interests of members in matters of Rulings Panel
170 Obligation to disclose interest
170A Method of disclosure of interest
171 Proceedings of Rulings Panel
171B Dates, times, and places of meetings
171C Requirements as to notice of meetings
171D Methods of holding meetings
171G Unanimous written resolutions
172 Rulings Panel may act by divisions
173 Membership, chairperson, meetings, and resolutions of division
175D Presumptions and saving of certain transactions
175E Rulings Panel to be good employer
175G Application of Acts to members and employees
178 Rulings Panel to keep information confidential
179 Rulings Panel may prohibit publication of information
180 Liability of Rulings Panel members
181 Rulings Panel costs and performance objectives
182 Rulings Panel reports quarterly on other matters
183 Rulings Panel reports annually
[Revoked]
184 Appeals on ground of lack of jurisdiction [Revoked]
185 Judicial review not precluded [Revoked]
186 Appeals on question of law in relation to decisions by Board or Rulings Panel [Revoked]
187 Right of appeal against suspension or termination orders [Revoked]
188 Persons entitled to appeal [Revoked]
189 Determination of appeals [Revoked]
190 High Court may refer appeals back for reconsideration [Revoked]
191 Provisions pending determination of appeal [Revoked]
192 High Court may order proceedings to be heard in private [Revoked]
193 Appeal to Court of Appeal in certain cases [Revoked]
Part 10
Exemptions and special provisions
General exemptions from application of rules
194 Commission may exempt participant from application of rules generally
Miscellaneous provisions about exemptions
196 Variation or revocation of exemptions
Subpart 2—Special provisions relating to Comalco agreements
199 Extent of Comalco parties' obligations to comply with rules
Supply of Comalco agreements and publication of summaries
200 Parties must supply Comalco agreements to Commission
201 Commission must publish summary of Comalco agreements
202 Parties must supply copy of variation of Comalco agreement to Commission
203 Commission must publish summary of certain variations of Comalco agreements
204 Summaries not to include certain commercially confidential matters
Obligation to notify acts or omissions
205 Notifications of acts and omissions to Commission
206 Annual wash-up notification
207 Assessment and publication of notification
Appeals in respect of Comalco agreements
208 Full right of appeal against Commission's or Rulings Panel's decisions
209 Relief from costs and charges
Part 11
Transitional provisions
210 Disclosure of MARIA and NZEM information
211 Confidentiality obligations for MARIA and NZEM information
