Plain language law

New Zealand law explained for everyone

Electricity Industry Act 2010

Industry participants and consumers - Continuance of supply

108: Application of other enactments

You could also call this:

“Other laws apply when electricity suppliers use different power sources”

When a distributor provides electricity from an alternative source to fulfil their supply obligation, they must follow the same rules as retailers. These rules are set out in this Act, its regulations, and the Code, as well as in the Electricity Act 1992 and its regulations.

However, if you’re a distributor supplying electricity from an alternative source, you don’t have to follow the rules about low fixed charge tariff options.

If you’re a distributor testing or transitioning to comply with your supply obligation, and you’re providing both line function services and electricity from an alternative source to a place at the same time, you won’t be considered as being involved in generation or retailing under Part 3 or the Code.

The Commerce Commission will treat the costs of providing electricity from an alternative source, and any costs from agreements about this, as if they were costs for providing electricity lines services. This is important for how they regulate prices and quality standards.

This text is automatically generated. It might be out of date or be missing some parts. Find out more about how we do this.

This page was last updated on

View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM2634515.

Topics:
Business > Industry rules Environment and resources > Climate and energy
Previous

107: Proposal to supply electricity from alternative source, or

"Electricity company must tell everyone before changing where power comes from"

Next

109: Regulations identifying industry participants and market operation service provider roles, or

"Rules about who's part of the electricity industry and who helps run it"

Part 4 Industry participants and consumers
Continuance of supply

108Application of other enactments

  1. Any obligations under the following that apply to retailers apply to a distributor in connection with any supply by the distributor of electricity from an alternative source, if that supply is in fulfilment of the supply obligation in section 105(2):

  2. obligations under this Act, the regulations, and the Code:
    1. obligations under the Electricity Act 1992 and any regulation made under that Act.

      1. However, regulations made under section 113 about low fixed charge tariff options do not apply to a distributor in respect of consumers to whom the distributor supplies electricity from an alternative source.

      2. If a distributor, during a trial or transition in the course of complying with section 105(2), both supplies a place with line function services that connect the place to a network and, at the same time, supplies the place with electricity from an alternative source, the distributor is not to be treated as thereby being involved in generation or retailing for the purposes of Part 3 or the Code.

      3. For the purposes of subpart 9 of Part 4 of the Commerce Act 1986, the Commerce Commission must treat the costs of providing electricity to a place from an alternative source, and any cost arising in respect of a place from an agreement under section 106(1)(a), as if the costs were the cost of providing electricity lines services (as defined in section 54C of the Commerce Act 1986).

      Notes
      • Section 108(3): amended, on , by section 39 of the Electricity Industry Amendment Act 2022 (2022 No 46).