Gas Governance (Compliance) Regulations 2008

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2008/253

Gas Governance (Compliance) Regulations 2008

Rt Hon Dame Sian Elias, Administrator of the Government

Order in Council

At Wellington this 11th day of August 2008  

Present:
Her Excellency the Administrator of the Government in Council

Pursuant to sections 43G, 43S, and 43T of the Gas 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 made in accordance with sections 43J to 43O of that Act, makes the following regulations.

Contents

1 Title

2 Commencement

3 Purpose

4 Interpretation

5 Role of market administrator

6 Breaches

7 Relationship between remedies under these regulations or rules and other remedies

Part 1
Reporting and investigation of breaches

Participants must investigate complaints made to them

8 Participants must investigate complaints made to them

Voluntary reporting to market administrator of alleged breaches

9 Participant may notify market administrator of alleged breach

10 Voluntary reporting of alleged breaches

Mandatory reporting to market administrator of alleged breaches

11 Registry operator or allocation agent must notify market administrator of alleged breach

12 Market administrator must notify participant allegedly in breach

13 Alleged breach must be notified and affected participants may join as parties

14 Market administrator may request further information

15 Market administrator must keep information confidential

Notices and receipt of information

16 Giving of notices

17 When notices taken to be given

Market administrator to determine materiality

18 Market administrator to determine materiality

19 Factors to be taken into account when determining materiality

20 Determination to be made expeditiously and in fair and reasonable manner

21 Market administrator to use informal resolution process

22 Market administrator must publish determinations

Provisions relating to referral of alleged breaches to investigator

23 Market administrator to refer alleged breaches to investigator

24 Right to refer alleged breach to investigator directly

Investigation of alleged breaches

25 Appointment and selection of investigators

26 Investigator may appoint other persons to give advice

27 Investigator must keep information confidential

28 Investigator must investigate

29 Participants must co-operate with investigation

30 Privileges protected

31 Limits on investigative powers

Procedures if alleged breach resolved by settlement

32 Settlement process

33 Settlements must be written, etc

34 Rulings Panel to decide whether to approve settlements

35 Settlements must be published

36 What happens if Rulings Panel rejects settlement

37 What happens if investigator unable to effect settlement

Process if alleged breach is determined by Rulings Panel

38 Process if Rulings Panel to determine alleged breach

39 Rulings Panel to set date for considering alleged breach

Part 2
Proceedings of Rulings Panel

40 Rulings Panel may regulate own procedures

41 Rulings Panel must conduct hearings

42 Pre-hearing statements and materials

43 Private hearings may be opposed

44 Urgent hearings

45 Evidence not otherwise admissible

46 Rights of persons entitled to be heard at hearing

47 Rulings Panel may request further information

48 Rulings Panel may seek advice

49 Participant may make written submissions

Part 3
Decisions of Rulings Panel

50 Rulings Panel may make certain orders

51 Offence to breach compliance orders

52 Rulings Panel may order payment of civil pecuniary penalty up to $20,000

53 Rulings Panel decisions

54 Decisions must be published

55 Participants must comply with orders and directions

56 Sums to be paid by party are debt due

57 Liability of registry operator

58 Liability of allocation agent

Part 4
Rulings Panel

59 Establishment of Rulings Panel

Functions of Rulings Panel

60 Functions of Rulings Panel

Membership of Rulings Panel

61 Membership of Rulings Panel

62 Alternate member

63 Restrictions on membership of Rulings Panel

64 Term of appointment

65 Removal and resignation of member of Rulings Panel

66 No compensation

67 Member ceasing to hold office

68 Validity of acts

69 Characteristics of Rulings Panel

70 Member of Rulings Panel must not be interested

71 Obligation to disclose interests and step aside

72 Method of disclosure of interest

73 Remuneration and expenses of Rulings Panel

Other matters relating to Rulings Panel

74 Powers

75 Rulings Panel to keep information confidential

76 Rulings Panel may prohibit publication of information

77 Liability of Rulings Panel

78 Rulings Panel costs and performance objectives

79 Rulings Panel reports quarterly on other matters

80 Rulings Panel reports annually

Funding

81 Funding of market administrator, investigator, and Rulings Panel

82 How and when estimated compliance ongoing fees payable

83 How and when actual compliance ongoing fees payable

84 General provisions regarding fees

Explanatory note

Administrative information

Regulations