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Electricity Industry Act 2010

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

84: Miscellaneous provisions relating to civil proceedings under this Part

You could also call this:

“Rules for legal cases about electricity industry problems”

When legal issues arise in the electricity industry, the Electricity Authority can ask the High Court for permission to get information from people involved and ask them questions.

You have three years to start a legal case about a problem in the electricity industry after it happens.

If someone breaks more than one rule in this part of the law, they can be taken to court for breaking any or all of those rules. However, they will only have to pay one fine for the same wrongdoing.

The Electricity Authority can start a criminal case against someone even if they have already started a civil case for the same issue. But if a criminal case is started, any ongoing civil case about the same issue must be paused.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM2634478.

Topics:
Business > Industry rules Environment and resources > Climate and energy
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83: Other powers to give directions, reopen agreements, or

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

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"Rules from the Commerce Act guide decisions in electricity matters"

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

84Miscellaneous provisions relating to civil proceedings under this Part

  1. In any civil proceedings under this Part, the Authority, upon the order of the High Court, may obtain discovery and administer interrogatories.

  2. Civil proceedings under this Part may not be commenced more than 3 years after the matter giving rise to the breach arose.

  3. Where conduct by any person constitutes a breach of 2 or more provisions of this Part, civil proceedings may be instituted under this Part against that person in relation to the breach of any 1 or more of the provisions; but no person is liable to more than 1 pecuniary penalty under this Part in respect of the same conduct.

  4. Criminal proceedings under this Part may be started against a person whether or not proceedings for an order under section 80 have been started against the person for the same or substantially the same breach in respect of which the criminal proceedings have been started.

  5. Uncompleted proceedings for an order under section 80 must be stayed if criminal proceedings are started or have already been started against the person for the same or substantially the same breach in respect of which the order is sought.

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