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Electricity Industry Act 2010

Industry participants and consumers - Dispute resolution

96: Membership of dispute resolution scheme

You could also call this:

“Rules for joining a group that helps solve customer problems in the electricity industry”

You need to be part of a dispute resolution scheme if you’re Transpower (except when acting as system operator), a distributor, or a retailer of electricity. This scheme helps solve problems between electricity companies and their customers.

If you knowingly refuse to join the scheme, you could be fined up to $100,000. This is a serious offence.

You don’t have to join the scheme if you’re in a group that’s been told they don’t need to, or if the Minister of Consumer Affairs says you don’t have to. The Minister might say you don’t have to join if people are unlikely to complain about you, or if there’s a better way to handle complaints about you.

The Minister can change their mind about letting you not join the scheme. They’ll tell you first and give you a chance to say what you think about it.

The Ministry will make a list of all the people and groups who don’t have to join the scheme. This list will be available for everyone to see.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM2634497.

Topics:
Business > Industry rules Money and consumer rights > Consumer protection
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"How to settle disagreements about who pays for electricity supply problems"

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97: Compliance with rules and binding settlements, or

"Following the rules and decisions of your dispute resolution group"

Part 4 Industry participants and consumers
Dispute resolution

96Membership of dispute resolution scheme

  1. Transpower (other than in its capacity as system operator), and every distributor and retailer, must be a member of the dispute resolution scheme, unless exempt under subsection (3).

  2. A person commits an offence and is liable on conviction to a fine not exceeding $100,000 if the person knowingly refuses or fails to become a member of the dispute resolution scheme.

  3. A person need not be a member of a dispute resolution scheme if—

  4. the person is a member of a class of industry participants identified in regulations made under section 111 as a class of industry participants that need not be members; or
    1. the Minister of Consumer Affairs exempts the person by issuing an individual exemption notice in the Gazette that—
      1. identifies the person that is exempt from the obligation to be a member; and
        1. gives reasons for the exemption.

        2. The Minister of Consumer Affairs may grant an individual exemption to a person only if he or she is satisfied that membership of the dispute resolution scheme by the person is not necessary in order to meet the purpose of the dispute resolution scheme because complaints are unlikely to be made against the person or because complaints should be made in another forum, and the person is unlikely to be involved in indemnity disputes.

        3. The Minister of Consumer Affairs may amend or revoke an individual exemption, by issuing a notice in the Gazette that identifies the exempt participant and gives reasons for the amendment or revocation, but only if the Minister—

        4. has given notice of the proposed amendment or revocation to the exempt person (where possible) and given the person a reasonable opportunity to comment on the proposal; and
          1. is satisfied that the amendment or revocation is necessary or desirable in order to meet the purpose of the dispute resolution scheme.

            1. Repealed

            2. The Ministry must publicise a list of all current class and individual exemptions.

            Notes
            • Section 96(2): amended, on , by section 413 of the Criminal Procedure Act 2011 (2011 No 81).
            • Section 96(4): amended, on , by section 16 of the Consumer Guarantees Amendment Act 2013 (2013 No 144).
            • Section 96(6): repealed, on , by section 37 of the Electricity Industry Amendment Act 2022 (2022 No 46).