New Zealand Legislation: Regulations
Regulations are laws made under Acts
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as at 16 September 2005
(SR 2005/268)
Silvia Cartwright, Governor-General
At Wellington this 12th day of September 2005
Present:
Her Excellency the Governor-General in Council
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 74 of the Commerce Act 1986, Her Excellency the Governor-General, acting on the advice and with the consent of the Executive Council and on the recommendation of the Minister made after consultation in accordance with section 74(5) of that Act, makes the following regulations.
These regulations are the Commerce (Levy for Control of Natural Gas Services) Regulations 2005.
These regulations come into force on the 28th day after the date of their notification in the Gazette.
These regulations expire on the close of 1 September 2016.
These regulations apply to the financial year ending with 30 June 2006 and subsequent financial years.
In these regulations, unless the context otherwise requires,—
Act means the Commerce Act 1986
actual Commission costs, in respect of a financial year, means the amount—
(a) identified in the Commission's audited financial statements for that year as the costs to the Commission of administering Part 4 and sections 70 to 74 of the Act in respect of the controlled services; but
(b) that does not exceed the total amount appropriated for that year within Vote Energy for the non-departmental output expense that relates to the costs to the Commission of administering Part 4 and sections 70 to 74 of the Act in respect of the controlled services
controlled services means the services that are controlled under the Commerce (Control of Natural Gas Services) Order 2005
estimated Commission costs, in respect of a financial year, means the appropriation, or proposed appropriation in the Estimates, at the time of the Minister's calculation under regulation 7, for the financial year within Vote Energy for the non-departmental output expense that relates to the costs to the Commission of administering Part 4 and sections 70 to 74 of the Act in respect of the controlled services
Estimates has the meaning set out in section 2(1) of the Public Finance Act 1989; and includes the Supplementary Estimates (within the meaning of that section)
financial year means, as the case requires,—
(a) the period beginning on 12 September 2005 and ending with 30 June 2006:
(b) each subsequent year beginning on 1 July and ending with 30 June, until 30 June 2016:
(c) the period beginning on 1 July 2016 and ending with 1 September 2016.
(1) Each person that is a supplier of controlled services on the first day of a financial year must pay a levy for that financial year to the Minister.
(2) That levy—
(a) must be calculated initially under regulation 7 on the basis of the estimated Commission costs; and
(b) must be reconciled after the end of the financial year under regulation 10 against the levy that would have been payable on the basis of the actual Commission costs.
The Minister must calculate the levy payable for a financial year so that each supplier of controlled services pays an equal amount of the estimated Commission costs.
The Minister must notify each supplier of controlled services of the full annual amount of its levy (as calculated under regulation 7) at the time of, or before, invoicing the supplier for the first instalment.
(1) The levy is payable in equal monthly instalments in advance.
(2) However, the invoice for the first instalment after these regulations come into force must cover—
(a) the instalment amount for the following month; and
(b) the amount payable in respect of the period from 12 September 2005 to the start of the month referred to in paragraph (a).
(3) The due date for payment of each instalment is—
(a) the 15th day after the supplier receives an invoice for that instalment; or
(b) if the supplier receives that invoice more than 15 days before the commencement of the month to which it relates, the first day of the month.
(4) In addition, any shortfall included in the levy under regulation 10 may be collected by a further invoice, and the due date for payment of that amount is the 15th day after the supplier receives that invoice.
The Minister must, within 1 month after the Commission's audited financial statements for a financial year are presented to the House of Representatives,—
(a) reconcile the levy for the financial year against the levy that would have been payable if the calculation had used the actual Commission costs for the year rather than the estimated Commission costs; and
(b) notify each supplier of controlled services of the final annual amount of its levy on that basis; and
(c) if there has been an over-recovery of those actual Commission costs, refund to the supplier the amount over-recovered from it; and
(d) if there has been a shortfall in recovering those actual Commission costs, invoice the supplier for the amount under-recovered from it, as part of the levy for that year.
Diane Morcom,
Clerk of the Executive Council.
This note is not part of the regulations, but is intended to indicate their general effect.
These regulations, which come into force on the 28th day after the date of their notification in the Gazette and expire on 1 September 2016, impose levies to recover the costs to the Commerce Commission of administering control under Part 4 and sections 70 to 74 of the Commerce Act 1986 for certain natural gas line function services and metering services provided in respect of distribution and gas measurement systems related to Vector Limited and Powerco Limited.
Date of notification in Gazette: 15 September 2005.
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)
This is a reprint of the Commerce (Levy for Control of Natural Gas Services) Regulations 2005. The reprint incorporates all the amendments to the regulations as at 16 September 2005, as specified in the list of amendments at the end of these notes.
Relevant provisions of any amending enactments that have yet to come into force or that contain relevant transitional or savings provisions are also included, after the principal enactment, in chronological order.
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.
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/legislation/reprints.shtml or Part 8 of the Tables of Acts and Ordinances and Statutory Regulations, and Deemed Regulations in Force.
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).
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