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Electricity Industry Act 2010

Separation of distribution from certain generation - Enforcement and general provisions - Exemptions

90: Exemptions

You could also call this:

“Explaining when rules can be changed for some electricity businesses”

The Authority can make exceptions to the rules in this part of the law. They can do this for any business or person. To make an exception, the Authority must put a notice in the Gazette, which is like a special government newspaper.

The Authority can only make an exception if it thinks the exception will help competition in the electricity industry, or at least not hurt it. They also need to make sure the exception won’t allow a situation where a company that distributes electricity and a company that generates electricity could work together in a way that might hurt competition.

When the Authority makes an exception, they say when it starts. This can’t be before the notice is put in the Gazette. The Authority can also set special conditions for the exception if they think it’s needed to make sure the law works properly.

If the Authority wants to, they can change or cancel an exception they’ve made. They have to keep a list of all the current exceptions where everyone can see it.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM2634487.

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Part 3 Separation of distribution from certain generation
Enforcement and general provisions: Exemptions

90Exemptions

  1. The Authority may, by notice in the Gazette, exempt—

  2. any business or involvement from the application of this Part; or
    1. any person from compliance with any provisions of this Part.

      1. The Authority may grant an exemption only if it is satisfied that—

      2. the exemption will either promote, or not inhibit, competition in the electricity industry; and
        1. the exemption will not permit an involvement in a distributor and a generator that may create incentives and opportunities to inhibit competition in the electricity industry.

          1. The exemption takes effect from the date specified in the exemption (which may not be earlier than the date of the Gazette notice).

          2. The Authority may grant an exemption on any terms and conditions that it reasonably considers are necessary to give effect to the purpose of this Part.

          3. The Authority may in like manner vary or revoke any such exemption.

          4. The Authority must make publicly available a list of all current exemptions under this section.

          5. Repealed
          Compare
          Notes
          • Section 90(2)(b): amended, on , by section 33 of the Electricity Industry Amendment Act 2022 (2022 No 46).
          • Section 90(7): repealed, on , by section 3 of the Secondary Legislation Act 2021 (2021 No 7).