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Electricity Industry Act 2010

Electricity industry governance - Monitoring and enforcement - Code enforcement

55: Restrictions on remedies

You could also call this:

“Limits on what you can do if someone breaks the electricity rules”

You can only get certain remedies for breaking the Code. These remedies are decided by the Rulings Panel under section 54. You can’t take any other action for breaking the Code.

You can’t sue someone for not following their legal duty if it’s about breaking the Code.

If you’re part of the industry, you can’t sue a market operation service provider for things they do or don’t do while providing their services. This is true as long as they’re not trying to trick you.

You can still get money back if the Rulings Panel orders it under this Act. You can also sue for other reasons not related to breaking the Code, like if someone breaks a contract with you.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM2634395.

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54: Remedial orders for breach of Code, or

"Making things right when someone breaks the electricity rules"

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56: Pecuniary penalty orders, or

"Fines for breaking electricity industry rules"

Part 2 Electricity industry governance
Monitoring and enforcement: Code enforcement

55Restrictions on remedies

  1. The remedies that the Rulings Panel may impose under section 54 are the only remedies in respect of a breach of the Code.

  2. No one may bring an action for breach of statutory duty that arises out of, or relates to, a breach of the Code.

  3. No industry participant may bring an action in tort against a market operation service provider that arises out of, or relates to, any act, matter, or thing done, or required or omitted to be done, by the market operation service provider in the course of it providing market operation services, provided that the act or omission is not a fraudulent act or omission by the market operation service provider.

  4. Except as provided in subsection (3), nothing in this section limits the recovery of—

  5. a debt owing under any order of the Rulings Panel made under this Act; or
    1. damages in tort other than breach of statutory duty; or
      1. damages for breach of contract, or for any other wrong, that arises from an act or omission that is also a breach of the Code.

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