Electricity Industry Act 2010

Electricity industry governance - Who does what - Industry participants and specified persons

11: Exemption from obligation to comply with Code

You could also call this:

“Sometimes you don't have to follow the Electricity Industry Code”

You don’t always have to follow the Electricity Industry Code. There are two ways you can be exempt from following the Code or parts of it:

  1. If you’re part of a group that the government says doesn’t have to follow the Code.

  2. If the Electricity Authority gives you a special notice saying you don’t have to follow the Code. This notice will explain why you’re exempt.

The Electricity Authority can only give you this special exemption if:

  • They think you don’t need to follow the Code to help them achieve their goals, or
  • They think it’s better for achieving their goals if you don’t follow the Code.

When the Authority gives you an exemption, they might add some rules you need to follow instead.

The Authority can change or cancel your exemption, but they have to tell you first and let you share your thoughts about it. They’ll explain why they’re making the change.

The Authority has to publish all exemptions in the Gazette (a government publication) and keep a list of all current exemptions for everyone to see.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM2634334.


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"Some people or groups don't have to sign up as electricity industry participants"


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"The government creates a special group to manage electricity"

Part 2 Electricity industry governance
Who does what: Industry participants and specified persons

11Exemption from obligation to comply with Code

  1. Despite section 9(1)(b), an industry participant need not comply with the Code, or specific provisions of the Code, if—

  2. it is a member of a class of industry participants identified in regulations made under section 110 as a class of industry participants that is exempt from the obligation to comply with the Code or specific provisions of the Code; or
    1. the Authority exempts the participant by issuing an individual exemption notice that—
      1. identifies the industry participant that is exempt from the obligation to comply with the Code or specific provisions of the Code; and
        1. gives reasons for the exemption.
        2. Despite section 9(3), a specified person need not comply with the Code, or specific provisions of the Code, if the Authority exempts the specified person by issuing an individual exemption notice that—

        3. identifies the specified person that is exempt from the obligation to comply with the Code or specific provisions of the Code; and
          1. gives reasons for the exemption.
            1. The Authority may grant an individual exemption to an industry participant or a specified person (as the case may be) only if the Authority is satisfied that—

            2. it is not necessary, for the purpose of achieving the Authority’s objectives under section 15, for the participant or specified person to comply with the Code or the specific provisions of the Code; or
              1. exempting the participant or specified person from the requirement to comply with the Code or the specific provisions of the Code would better achieve the Authority’s objectives than requiring compliance.
                1. The Authority may grant an individual exemption on any terms or conditions that it reasonably considers are necessary.

                2. The Authority may amend or revoke an individual exemption, by issuing a notice that identifies the exempt participant or specified person (as the case may be) and gives reasons for the amendment or revocation, but only if the Authority—

                3. has given notice of the proposed amendment or revocation to the exempt participant or specified person and given the participant or specified person a reasonable opportunity to comment; and
                  1. in relation to an amendment, is satisfied that the amendment is necessary or desirable for the purpose of achieving the Authority’s objectives in section 15; and
                    1. in relation to a revocation, is no longer satisfied of the matters in subsection (2).
                      1. A notice issued under subsection (1)(b), (1A), or (4) must be published in the Gazette.

                      2. The Authority must publicise a list of all current class and individual exemptions.

                      Notes
                      • Section 11: replaced, on , by section 9 of the Electricity Industry Amendment Act 2022 (2022 No 46).
                      • Section 11(1A): inserted, on , by section 54(1) of the Regulatory Systems (Economic Development) Amendment Act 2025 (2025 No 11).
                      • Section 11(2): amended, on , by section 54(2) of the Regulatory Systems (Economic Development) Amendment Act 2025 (2025 No 11).
                      • Section 11(2)(a): amended, on , by section 54(3) of the Regulatory Systems (Economic Development) Amendment Act 2025 (2025 No 11).
                      • Section 11(2)(b): amended, on , by section 54(3) of the Regulatory Systems (Economic Development) Amendment Act 2025 (2025 No 11).
                      • Section 11(4): amended, on , by section 54(4) of the Regulatory Systems (Economic Development) Amendment Act 2025 (2025 No 11).
                      • Section 11(4)(a): amended, on , by section 54(5) of the Regulatory Systems (Economic Development) Amendment Act 2025 (2025 No 11).
                      • Section 11(5): amended, on , by section 54(6) of the Regulatory Systems (Economic Development) Amendment Act 2025 (2025 No 11).