New Zealand Legislation: Regulations
Regulations are laws made under Acts
2008/354
Anand Satyanand, Governor-General
At Wellington this 29th day of September 2008
Present:
His Excellency the Governor-General in Council
Pursuant to section 87(2) of the Electricity Industry Reform Act 1998, His Excellency the Governor-General, acting on the advice and with the consent of the Executive Council, makes the following regulations.
These regulations are the Electricity Industry Reform Act (Fees) Amendment Regulations 2008.
These regulations come into force on the 28th day after the date of their notification in the Gazette.
These regulations amend the Electricity Industry Reform Act (Fees) Regulations 1998.
The following regulation is inserted after regulation 1:
“1A Fee prescribed for applications under section 17C of Act
A fee of $11,250 is payable to the Commerce Commission by any applicant for a determination under section 17C of the Electricity Industry Reform Act 1998.”
Regulation 3 is revoked and the following regulation substituted:
“3 Refunds
The Commerce Commission must make a refund to an applicant who has paid a fee under these regulations if the actual cost of processing the application and refund is materially less than the fee paid.”
Regulation 4 is amended by revoking subclause (1) and substituting the following subclause:
“(1) The Commerce Commission must prepare, as soon as is reasonably practicable, a schedule that—
“(a) identifies, in respect of the processing of applications generally, the stages of the work involved and, if practicable, the likely apportionment of costs between those stages:
“(b) identifies, in respect of the processing of any particular application, a method of calculation to determine the actual cost of processing the application and refund:
“(c) indicates how refunds will be paid in the event that the actual cost of processing is materially less than the fee paid under these regulations.”
Regulation 5 is amended by omitting “fee prescribed by these regulations is”
and substituting “fees prescribed by these regulations are”
.
Rebecca Kitteridge,
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, prescribe a fee of $11,250 for applications for determinations under section 17C of the Electricity Industry Reform Act 1998. That section relates to the connected customers selling cap rule, which is part of the ownership separation rules. Application can be made to the Commerce Commission under that section to have certain generation that is connected to the national grid to be declared to be within a local network area. The rules about refunds and schedules of costs in the current regulations are expanded so that they also apply to the new fees.
Date of notification in Gazette: 2 October 2008.
These regulations are administered by the Ministry of Economic Development.