Part 2
Electricity industry governance
Electricity Industry Participation Code:
Content and status of Code
32Content of Code
The Code may contain any provisions that are consistent with the objectives of the Authority and are necessary or desirable to promote any or all of the following:
- competition in the electricity industry:
- the reliable supply of electricity to consumers:
- the efficient operation of the electricity industry:
- the protection of the interests of domestic consumers and small business consumers in relation to the supply of electricity to those consumers:
- the performance by the Authority of its functions:
- any other matter specifically referred to in this Act as a matter for inclusion in the Code.
The Code may not—
- impose obligations on any person other than an industry participant or a person acting on behalf of an industry participant, or the Authority (other than in accordance with subsection (3)); or
- purport to do or regulate anything that the Commerce Commission is authorised or required to do or regulate under Part 4 of the Commerce Act 1986 (other than in accordance with subsection (4)); or
- purport to regulate any matter dealt with in or under the Electricity Act 1992.
The Code may impose obligations on a specified person for the purpose of restricting relationships between 2 classes of industry participants, where those relationships may not otherwise be at arm’s length.
The Code may contain provisions that do any of the following, regardless of whether such a provision would otherwise be prohibited under subsection (2)(b):
- set quality or information requirements for Transpower or 1 or more distributors, in relation to access to transmission or distribution networks:
- set pricing methodologies for Transpower or 1 or more distributors.
Subsections (3) and (4) do not limit subsection (1).
In this section, pricing methodologies has the meaning given in section 52C of the Commerce Act 1986.
Notes
- Section 32: replaced, on , by section 14 of the Electricity Industry Amendment Act 2022 (2022 No 46).
- Section 32(6): replaced, on , by section 56 of the Regulatory Systems (Economic Development) Amendment Act 2025 (2025 No 11).