5Interpretation

1. In this Act, unless the context otherwise requires,—

   ancillary service agent means a person who, pursuant to an agreement with the system operator, provides frequency keeping, instantaneous reserve, voltage support, over frequency reserve, black start, or any other ancillary service specified in the Code, and as defined in the Code

   approved test house means a meter testing and calibration facility that has been approved in accordance with the procedures in the Code

   assets includes property of any kind, whether tangible or intangible, and includes rights, interests, and claims of every kind however they arise

   Authority, or Electricity Authority, means the Electricity Authority established by section 12

   breach has the meaning given in section 6

   business means any undertaking that is carried on whether for gain or reward or not

   Code or Electricity Industry Participation Code means the Code administered by the Authority under subpart 3 of Part 2

   clearing manager means the person appointed by the Authority to act as the clearing manager under the Code

   community trust, in relation to a distributor or a retailer, means a trust in respect of which—

   1. at least 90% of the income beneficiaries comprise persons who are a class or classes identified by reference to their domicile or location or operation within the geographic area or areas of operation of the distributor or retailer; and
   2. at least 90% of its income distributions are paid to those beneficiaries or for purposes related to that geographic area or areas

   consumer means any person who is supplied, or applies to be supplied, with electricity other than for resupply

   customer co-operative, in relation to a distributor or a retailer, means a co-operative company (as defined in section 2(1) of the Co-operative Companies Act 1996) that has the characteristics described in the definition of customer trust in this section, applied as if references to trusts were to co-operatives, references to income beneficiaries were to shareholders, and all other necessary modifications were made

   customer trust, in relation to a distributor or a retailer, means a trust in respect of which—

   1. at least 90% of the income beneficiaries comprise persons who are a class or classes identified by reference to any of—
      1. the person's connection to the lines of the distributor:
      2. the person's liability for payment for supply of electricity from the retailer that retails to customers that are connected to the distributor's network:
      3. the person's receipt of electricity from the retailer that retails to customers that are connected to the distributor's network:
      4. the person's liability for payment for the connection to the lines of the distributor:
      5. the person's liability for payment for line services supplied by the distributor; and
   2. at least 90% of its income distributions are paid to those beneficiaries

   distribution means the conveyance of electricity on lines other than lines that are part of the national grid

   distribution agreement means an agreement referred to in section 44A(1)

   distributor means a business engaged in distribution

   domestic consumer means a person who purchases or uses electricity in respect of domestic premises

   domestic premises means premises that are used or intended for occupation by a person principally as a place of residence; but does not include premises that constitute any part of premises described in section 5(1)(c) to (k) of the Residential Tenancies Act 1986 (which refers to places such as jails, hospitals, hostels, hotels, and other places providing temporary accommodation)

   generation means the generation of electricity that is fed into the national grid or a network

   generator means a business engaged in generation

   industry participant, or participant, means a person, or a person belonging to a class of persons, identified in section 7 as being a participant in the electricity industry

   industry service provider means a person who—

   1. provides a service or performs a role in the electricity industry that is recognised in the Code, including the people listed in section 7(2); but
   2. is not any of the industry participants identified in section 7(1)(a) to (h)

   line function services has the meaning given in section 2(1) of the Electricity Act 1992

   lines means works used or intended to be used to convey electricity

   load aggregator means a person who contracts with 1 or more consumers so that the person is able to deal with the electricity otherwise required by those consumers in any way, including putting in place agreements under which those consumers voluntarily change their consumption level, so that the person is able to offer the combined increase or reduction in the interruptible load of all those consumers as collective demand, either in the wholesale electricity market or under any other bilateral agreement or contract

   manager, in relation to a person,—

   1. means a person who, whether alone or jointly with any other person, manages, or directs or supervises the management of, the whole or a substantial part of the business and affairs of the person; and
   2. includes,—
      1. in relation to a trust, a trustee:
      2. in relation to a local authority, a member; but
   3. does not include,—
      1. in relation to a body corporate, a director of that body corporate:
      2. in relation to a business in which a local authority or any other person has an interest, a member of that local authority or manager of that person only as a result of that person having that position

   market operation service provider means the system operator and any person appointed by the Authority under the Code to perform any of the following market operation service provider roles:

   1. the registry manager:
   2. the reconciliation manager:
   3. the pricing manager:
   4. the clearing manager:
   5. the market administrator:
   6. the wholesale information trading system provider:
   7. any other role identified in regulations as a market operation service provider role

   metering equipment owner and meter owner means a person who owns any or all of the items of metering equipment installed in a metering installation

   metering equipment provider means a person who, in accordance with the Code,—

   1. assumes responsibility for any metering installation; or
   2. is appointed to be responsible for any metering installation

   Minister, in any provision, means the Minister of the Crown who, under the authority of any warrant or with the authority of the Prime Minister, is responsible for the administration of that provision or the Part containing that provision

   Ministry, in any provision, means the department responsible for the administration of that provision or the Part that contains that provision

   national grid means the lines and associated equipment used or owned by Transpower to convey electricity

   network means a distributor's lines and associated equipment used for distribution

   publicise, in relation to a document or information being publicised by a person, means making the document or information available, free of charge,—

   1. on the person's Internet site at all reasonable times (except to the extent that doing so would infringe copyright in the material or be inconsistent with any enactment or rule of law); and
   2. in any other manner that the person may decide

   publicly available, in relation to making a document or information available, means that—

   1. the document or information is available for inspection, free of charge, on an Internet site that is publicly accessible at all reasonable times (except to the extent that doing so would infringe copyright in the material or be inconsistent with any enactment or rule of law); and
   2. a copy of the document or information is available for inspection at all reasonable times, free of charge, at the head office of the person required to make it publicly available or, if the person is a Minister, at the head office of the relevant Ministry; and
   3. copies of the document may be purchased by any person at a reasonable price

   purchaser means an industry participant who buys electricity from the clearing manager; and includes any other participant that has assumed that person's rights and obligations in relation to the purchaser

   regulations means regulations made under this Act

   retailer means a business engaged in retailing

   retailing means the sale of electricity to a consumer other than for the purpose of resale

   Rulings Panel means the Rulings Panel continued by section 23

   small business consumer means a consumer that is not a domestic consumer and—

   1. that is in a class specified in regulations made under section 113A; or
   2. if no such regulations have been made, that consumes less than 40 MWh of electricity per year

   specified person means a person (other than an industry participant) who is involved in both classes of industry participants that are the subject of any provisions made in accordance with section 32(3)

   system operator means the person who ensures the real-time co-ordination of the electricity system, and is the person referred to in section 8

   trader in electricity means a person who trades in electricity or electricity derivatives, and includes—

   1. a person who buys or sells contracts under which the payment obligations may change according to the changes in the price at which electricity is bought or sold in any market in New Zealand; and
   2. any related clearing house or exchange

   transmission means the conveyance of electricity through the national grid

   Transpower means Transpower New Zealand Limited or any subsidiary of, or successor to, that company

   works—

   1. means any fittings (as defined in section 2(1) of the Electricity Act 1992) that are used, designed, or intended for use in or in connection with the generation, conversion, transformation, or conveyance of electricity; but
   2. does not include any part of an electrical installation (as defined in section 2(1) of the Electricity Act 1992).

Notes

• Section 5 assets: inserted, on 1 September 2022, by section 5(3) of the Electricity Industry Amendment Act 2022 (2022 No 46).
• Section 5 business: inserted, on 1 September 2022, by section 5(3) of the Electricity Industry Amendment Act 2022 (2022 No 46).
• Section 5 Code: repealed, on 1 September 2022, by section 5(1) of the Electricity Industry Amendment Act 2022 (2022 No 46).
• Section 5 Code or Electricity Industry Participation Code: inserted, on 1 September 2022, by section 5(1) of the Electricity Industry Amendment Act 2022 (2022 No 46).
• Section 5 distribution agreement: inserted, on 1 September 2022, by section 5(3) of the Electricity Industry Amendment Act 2022 (2022 No 46).
• Section 5 load aggregator: amended, on 1 September 2022, by section 5(2) of the Electricity Industry Amendment Act 2022 (2022 No 46).
• Section 5 manager: inserted, on 1 September 2022, by section 5(3) of the Electricity Industry Amendment Act 2022 (2022 No 46).
• Section 5 small business consumer: inserted, on 1 September 2022, by section 5(3) of the Electricity Industry Amendment Act 2022 (2022 No 46).
• Section 5 specified person: inserted, on 30 March 2025, by section 51 of the Regulatory Systems (Economic Development) Amendment Act 2025 (2025 No 11).