New Zealand Legislation: Regulations

29 Review of critical contingency management plan

• (1) The expert adviser must review—

  • (a) a proposed critical contingency management plan provided by a transmission system owner under regulation 24; or

  • (b) a proposed amendment to a critical contingency management plan under regulation 33(4)(c), 34(6)(c), or 65(3)(c),—

  to determine whether or not to recommend approval of the proposed critical contingency management plan or proposed amendment to the industry body.

  (2) In reviewing the proposed critical contingency management plan or proposed amendment, the expert adviser—

  • (a) must have regard to any report submitted in accordance with regulation 28(3) and (4); and

  • (b) may have regard to any submissions received by the transmission system owner under regulation 26.

  (3) Following the review, and no later than 20 business days after receiving the proposed critical contingency management plan or proposed amendment, the expert adviser must—

  • (a) make a recommendation, with reasons, to the industry body on whether the industry body should approve the proposed critical contingency management plan or proposed amendment; and

  • (b) give notice to the relevant transmission system owner and the critical contingency operator of its recommendation and the reasons for its recommendation.

  (4) If the expert adviser considers that the proposed critical contingency management plan or proposed amendment complies with regulation 25 and gives effect to the purpose of these regulations, the expert adviser must make a recommendation that the industry body should approve the proposed critical contingency management plan or proposed amendment.

  (5) If the expert adviser gives notice under subclause (3)(b) that it has recommended that the proposed critical contingency management plan or proposed amendment should not be approved by the industry body, then, no later than 10 business days after receiving that notice, the relevant transmission system owner—

  • (a) must revise the proposed critical contingency management plan in response to the reasons given in that notice, and resubmit the proposed plan to the industry body for approval; or

  • (b) may revise the proposed amendment in response to the reasons given in that notice, and resubmit the proposed amendment to the industry body for approval.

  (6) Regulations 27 to 30 apply to a proposed plan or proposed amendment resubmitted for approval under subclause (5).

  (7) The industry body must publish a proposed plan or proposed amendment resubmitted for approval under subclause (5).