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Electricity Industry Act 2010

Separation of distribution from certain generation - Enforcement and general provisions - Enforcement and penalties for this Part

83: Other powers to give directions, reopen agreements

You could also call this:

“The High Court can change agreements and give instructions if you break electricity industry rules”

If you break a rule in this part of the law, the High Court can tell you to make new agreements. The court will tell you how to do this.

If you don’t follow the court’s instructions properly, the court can do two things:

The court can change any agreement that breaks the rules. They can undo the parts that break the rules and try to put things back the way they were before.

The court can also tell you what to do with your business or property. They might even tell someone to stop being a manager. Everyone has to follow what the court says.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM2634477.

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Part 3 Separation of distribution from certain generation
Enforcement and general provisions: Enforcement and penalties for this Part

83Other powers to give directions, reopen agreements

  1. If the High Court is satisfied, on the application of the Authority or any other person, that a person has breached a provision of this Part, the court may give directions ordering a person in breach to renegotiate any agreement that contravenes, or gives rise to a breach of, a provision of this Part, on such terms as the court specifies.

  2. If directions under subsection (1) are not complied with to the satisfaction of the court, the court may—

  3. reopen any agreement that breaches, or gives rise to a breach of, a provision of this Part and make any orders it deems just and equitable for the purpose of reopening the transaction and setting aside the breach, and, if appropriate, reinstating the parties as nearly as may be in their former positions:
    1. give directions concerning the business or property of the person, or the management or administration of that person's business or property (including a direction that a person cease to be a manager of the business), and every person is bound by the directions.

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