1 Title

2 Commencement

3 Purpose

4 Interpretation

5 Breaches

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

11 Changes to particulars

12 Publication of register

13 Effect of registration

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

21 Other reasons

22 Transfer of requests

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

26 Charges payable

27 Documents may include deletions

28 Process if participant refuses to supply information

29 Appeal

Part 2
Service providers

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

36 Insurance cover

Force majeure provisions relating to service providers

37 Meaning of force majeure event

38 Relief of obligation because of force majeure

39 Effect of relief

40 Commission may contract elsewhere during force majeure event

41 Commission may terminate service provider agreements

Disclosure to Commission

42 Disclosure to Commission

Performance standards

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

47 Review of 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

53C Effect of relief

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

Interim injunctions

68 Interim injunctions

Provisions relating to appointment, etc, of investigator to investigate 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

Miscellaneous provisions

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

Application

106 Application of this Part

Orders that Rulings Panel may make

107 Rulings Panel may make certain orders [Revoked]

108 Offence to breach compliance orders

109 Civil pecuniary penalties

110 Rulings Panel may not require grid owner to pay civil pecuniary penalty for metering breaches

Liability of system operator

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

Liability of asset owners

114 Liability of asset owners

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

Liability of clearing manager

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

Liability of registry

125 Limit of liability of registry

Liability of market administrator

126 Limit of liability of market administrator

Liability of pricing manager

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

Miscellaneous provisions

133 Grace period [Revoked]

134 Rulings Panel decisions

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

140 Process requirements

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

147 Application of Part

148 Parties may apply to Rulings Panel to resolve dispute

149 Selection of process

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

153 Meetings and documents

154 Legal representation

155 Completion of process

156 Determinations Rulings Panel may make

157 Breaches referred to Commission

158 Money payable under rules

159 Costs

Part 8
Rulings Panel

Establishment of Rulings Panel

160 Establishment of Rulings Panel

Functions 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

163 Term of appointment

164 Validity of acts

Resignation and removal of members

164A Members ceasing to hold office

164B Resignation

164C Removal of members

164D No compensation

Chairperson and deputy chairperson of Rulings Panel

165 Chairperson of Rulings Panel

165A Appointment of deputy chairperson

165B Term of appointment

165C Resignation

165D Removal

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

169 Meaning of interested

170 Obligation to disclose interest

170A Method of disclosure of interest

170B Consequences of interest

Proceedings of Rulings Panel

171 Proceedings of Rulings Panel

171A Procedure generally

171B Dates, times, and places of meetings

171C Requirements as to notice of meetings

171D Methods of holding meetings

171E Presiding at meetings

171F Voting at meetings

171G Unanimous written resolutions

Divisions of Rulings Panel

172 Rulings Panel may act by divisions

173 Membership, chairperson, meetings, and resolutions of division

174 Powers of division

Delegation

175 Ability to delegate

175A Effect of delegation

Method of contracting

175B Method of contracting

175C Attorneys

175D Presumptions and saving of certain transactions

Employees

175E Rulings Panel to be good employer

175F Employment of employees

175G Application of Acts to members and employees

Funding

176 Funding of Rulings Panel

Powers

177 Powers

Miscellaneous provisions

178 Rulings Panel to keep information confidential

179 Rulings Panel may prohibit publication of information

180 Liability of Rulings Panel members

180A Insurance

181 Rulings Panel costs and performance objectives

182 Rulings Panel reports quarterly on other matters

183 Rulings Panel reports annually

Part 9
Appeals

[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

Subpart 1—Exemptions

General exemptions from application of rules

194 Commission may exempt participant from application of rules generally

Miscellaneous provisions about exemptions

195 Effect of exemptions

196 Variation or revocation of exemptions

197 List of exemptions

Subpart 2—Special provisions relating to Comalco agreements

Interpretation

198 Interpretation

Compliance with rules

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

Relief from costs and charges

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

212 Registry access

213 Registry file formats and methods of exchange

Schedule
Comalco Agreements

Gazette information

Reprint notes