New Zealand Legislation: Regulations
Regulations are laws made under Acts
(1) The market administrator must, in determining whether or not an alleged breach raises a material issue, take into account the following factors, to the extent that they are practical or relevant:
(a) the severity of the alleged breach:
(b) whether the alleged breach had a material impact on the operation of the market:
(c) the extent to which the breach was inadvertent, negligent, deliberate, or otherwise:
(d) whether the participant allegedly in breach took remedial action immediately upon, or soon after, discovery of the breach:
(e) whether the alleged breach has a potential anti-competitive effect:
(f) whether the alleged breach has resulted in costs being borne by other participants or persons:
(g) whether the alleged breach is admitted:
(h) whether the alleged breach was an isolated event, or indicates a systemic problem with compliance with the rules:
(ha) the extent to which the breach was caused by an event or circumstance beyond the reasonable control of the participant allegedly in breach:
(i) whether the breach allegation is frivolous or vexatious or is not made in good faith:
(j) whether, considering the length of time that has elapsed, an investigation of the alleged breach is no longer practicable or desirable:
(k) whether the participant allegedly in breach is, or has been, subject to any other orders under the Act or these regulations:
(l) the likelihood that the same breach or a similar breach may occur in the future:
(m) whether the participant allegedly in breach has benefited from the breach:
(n) whether the complexity of the facts warrant investigation:
(o) any other factors that the market administrator considers relevant.
(2) The market administrator may publish guidelines to illustrate how it is weighting and applying these factors.
Regulation 19(1)(ha): inserted, on 4 December 2008, by regulation 8 of the Gas Governance (Compliance) Amendment Regulations 2008 (SR 2008/427).
