Electricity Industry (Enforcement) Regulations 2010

Search within this secondary legislation

Reprint as at 7 August 2020

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.

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

New Zealand Legislation

List of access keys

Quick search

My recent searches

Electricity Industry (Enforcement) Regulations 2010

Electricity Industry (Enforcement) Regulations 2010

Order in Council

Note

Contents