Electricity Industry (Enforcement) Regulations 2010

Reprint as at 1 January 2018

Coat of Arms of New Zealand

Electricity Industry (Enforcement) Regulations 2010

(SR 2010/362)

Rt Hon Dame Sian Elias, Administrator of the Government

Order in Council

At Wellington this 11th day of October 2010

Present:
Her Excellency the Administrator of the Government in Council

Note

Changes authorised by subpart 2 of Part 2 of the Legislation Act 2012 have been made in this official reprint.

Note 4 at the end of this reprint provides a list of the amendments incorporated.

These regulations are administered by the Ministry of Business, Innovation, and Employment.

Pursuant to section 112 of the Electricity Industry Act 2010, 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 and Resources, makes the following regulations.

Contents

1Title
2Commencement
3Interpretation
4Overview
5Complaints to industry participants
6Industry participants to investigate complaints made to them
7Mandatory reporting of common quality or security breaches
8Mandatory reporting of other breaches
9Voluntary reporting of breaches
10Authority must keep information confidential
11Authority may decline to act on reported breach
12When Authority to appoint investigator
13Appointment and powers of investigator
14Investigator may appoint other persons to assist
15Investigators to keep information confidential
16Notification to industry participant allegedly in breach
17Investigation to be publicised, and affected parties may join as parties
18Parties to investigation
19Content of reports by investigators to Authority
20Investigation of facts
21What happens if industry participant allegedly in breach fails to respond
22Investigator to effect settlements
23What happens if settlement not reached
24What happens if settlement reached
25Approved settlements to be publicised
26Restriction on further complaints about matters settled
27What happens if Authority does not approve settlement
28What happens if Authority decides to discontinue investigation
29Publication of decisions
30Authority laying formal complaint
31Industry participant independently laying formal complaint
32Parties to complaints
33Rulings Panel to notify parties of complaint
34When hearing must be held
35Notice of hearing and provision of materials
36Hearings public unless Rulings Panel directs otherwise
37Rights of parties at hearings
38Consideration of complaint when no hearing held
39Evidence admissible
40Rulings Panel may request further information
41Rulings Panel may seek advice
42Submissions on orders
43Rulings Panel decisions
44Decisions to be publicised
45Industry participants to comply with orders and directions
46Sums to be paid by party are debt due
47Process requirements
48Rulings Panel to make directions or arrangements
49Offence not to comply with direction or arrangement
50Limits apply to Rulings Panel orders
51Rulings Panel may not require grid owner to pay civil pecuniary penalty for metering breaches
52Liability of system operator
53Limit of liability of system operator
54Limit on liability in relation to metering
55Liability of asset owners
56Limit of liability of Transpower and designated transmission customers
57Limit of liability of asset owners
58Limit of liability of ancillary service agents
59Limit on compensation if breach relates to final prices
60Liability of reconciliation manager
61Reconciliation manager is liable for financial loss
62Limit of liability of reconciliation manager
63No liability in respect of reasonably assessing information
64Liability of clearing manager
65Clearing manager liable for financial loss
66Limit of liability of clearing manager
67Clearing manager must maintain fidelity insurance
68Limit of liability of registry manager
69Limit of liability of market administrator
70Limit of liability of pricing manager
70ALimit of liability of FTR manager
70BLimit of liability of extended reserve manager
71Division of limits if more than 1 industry participant suffers loss
72Industry participants must make payments needed to settle division of liability limits
73Loss caused by wilful breach or fraud
74Obligation to maintain professional indemnity insurance [Revoked]
75Civil pecuniary penalties included in liability limits
76Overview of Part
77Interface with Code
78Disputes that Rulings Panel may resolve
79Regulations 80 to 90 apply to disputes identified in regulation 78
80Parties may apply to Rulings Panel to resolve dispute
81Selection of process
82Rulings Panel must notify when dispute resolution will take place
83Rulings Panel not subject to strict evidentiary requirements
84Meetings and documents
85Legal representation
86Completion of process
87Orders and appeals
88Breaches referred to Authority
89Money payable under Code
90Costs
91Who may be appointed
92Term of appointment
93Validity of acts
94Members ceasing to hold office
95Resigning as member
96Removal of member
97No compensation
98Term of appointment
99Resigning from office
100Exercise of chairperson’s functions, duties, and powers during vacancy
101Meaning of interested
102Obligation to disclose interest
103Method of disclosure of interest
104Consequences of interest
105Method of contracting
106Attorneys
107Presumptions and saving of certain transactions
108Rulings Panel to be good employer
109Employment of employees
110Application of Acts to members and employees
111Liability of Rulings Panel members
112Insurance
113Rulings Panel costs and performance objectives
114Rulings Panel to report quarterly on other matters
115Rulings Panel to report annually
116Rulings Panel to keep information confidential
117Rulings Panel may prohibit publication of information
118Rulings Panel to publicise procedures
Gazette Information
Reprint notes