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Electricity Industry Act 2010

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

85: Application of Commerce Act 1986 provisions

You could also call this:

“Rules from the Commerce Act guide decisions in electricity matters”

When the Authority and the High Court use their powers under this part of the law, they need to follow some rules from another law called the Commerce Act 1986. These rules apply as if the Authority was the Commerce Commission, and as if the rules in this part of the law were the same as the rules in the Commerce Act.

The rules they need to follow are about:

  • Having lay members (people who aren’t judges) help make decisions
  • Being able to use evidence that might not usually be allowed
  • Not always needing a promise to pay damages when the Authority makes an order
  • Being able to make other types of orders
  • Holding people responsible for what their workers or representatives do
  • Most of the rules in Part 7 of the Commerce Act, except for a few specific sections

These rules help the Authority and the High Court do their job properly when they’re dealing with issues under this part of the law.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM2634479.

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

85Application of Commerce Act 1986 provisions

  1. The following provisions of the Commerce Act 1986 apply for the purpose of the exercise by the Authority and the High Court of their jurisdiction and powers under this Part as if the Authority were the Commerce Commission, as if references to provisions of the Commerce Act 1986 were references to corresponding provisions of this Part of this Act, and with other necessary modifications:

  2. sections 77 and 78 (lay members):
    1. section 79 (evidence not otherwise admissible):
      1. section 88A (when undertaking as to damages not required by Authority):
        1. section 89 (other orders):
          1. section 90 (conduct by servants or agents):
            1. Part 7 (except sections 98H, 99AA to 99P, 104, 105, 106, 108, 110, and 111).

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              Notes
              • Section 85(f): amended, on , by section 30 of the Electricity Industry Amendment Act 2022 (2022 No 46).