Electricity Industry Act 2010

Miscellaneous - Regulations

112: Regulations relating to monitoring, investigating, and enforcing Code

You could also call this:

“Rules for making sure everyone follows the electricity rules”

The Governor-General can make rules about monitoring, investigating, and enforcing the Electricity Industry Code. These rules can cover many things:

You might need to report if you think someone has broken the Code. The rules can say how to do this.

The Electricity Authority can check if people are following the Code. The rules can explain how they do this.

If someone might have broken the Code, the Electricity Authority and a special panel called the Rulings Panel can investigate. The rules can say how they do this and what powers they have.

The Electricity Authority can ask for information from people in the electricity industry. The rules can say what information they can ask for and what they can do with it.

The rules can say who can be on the Rulings Panel and how it works.

The Rulings Panel can make decisions about certain disagreements. The rules can say what kinds of disagreements these are and how the panel should handle them.

The rules can limit how much trouble people can get into if they break the Code.

If you break these rules, you might have to pay a fine of up to $20,000.

The Minister responsible for this part of the law usually has to talk to the Electricity Authority before making these rules. But for the first set of rules, they didn’t have to if the rules were similar to some older rules and they had already talked to interested people about any big changes.

These rules are a type of law called secondary legislation.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM2634527.


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Part 5 Miscellaneous
Regulations

112Regulations relating to monitoring, investigating, and enforcing Code

  1. The Governor-General may, by Order in Council made on the recommendation of the Minister responsible for Part 2, given after consulting the Authority, make regulations for all or any of the following purposes:

  2. requiring industry participants or specified persons to report breaches or possible breaches of the Code, and prescribing procedures relating to such reporting:
    1. prescribing the practices and procedures of the Authority in relation to monitoring compliance with the Code:
      1. prescribing the practices and procedures of the Authority and the Rulings Panel in relation to the investigation of breaches and possible breaches of the Code (including the appointment and powers of investigators) and other enforcement measures:
        1. prescribing the information that the Authority must or may require from industry participants generally, or classes of industry participants, and regulating what it must or may do with such information:
          1. prescribing the information that the Authority must or may require from specified persons, and regulating what it must or may do with such information:
            1. regulating the membership and operation of the Rulings Panel:
              1. identifying the kinds of appeals and disputes that may be determined by the Rulings Panel:
                1. prescribing, both generally and in relation to specific kinds of appeal or dispute, practices and procedures of the Rulings Panel for dealing with appeals and disputes, whether those appeals and disputes are identified in the regulations or the Code:
                  1. prescribing determinations, orders, or directions, or imposing limits on any determinations, orders, or directions, that the Rulings Panel may make in relation to specific kinds of appeals and disputes (whether those appeals and disputes are identified in the regulations or the Code), and providing for any associated rights of appeal:
                    1. restricting or limiting the amount of liability of, or the amount of any penalty that may be imposed upon, an industry participant or class of industry participant:
                      1. restricting or limiting the amount of liability of, or the amount of any penalty that may be imposed upon, a specified person:
                        1. identifying regulations the breach of which are to be treated as a breach of the Code:
                          1. providing for offences, punishable on conviction by a fine not exceeding $20,000, for breaching any regulation made under this section or breaching any order made by the Rulings Panel under the regulations.
                            1. The requirement in subsection (1) to consult with the Authority does not apply to the first regulations made under this section if—

                            2. the regulations largely correspond to Parts 4 to 8 of the Electricity Governance Regulations 2003, adapted as necessary for consistency with this Act; and
                              1. the Minister or the Electricity Commission has consulted with interested parties on any material changes.
                                1. Regulations under this section are secondary legislation (see Part 3 of the Legislation Act 2019 for publication requirements).

                                Compare
                                Notes
                                • Section 112(1)(a): amended, on , by section 66(1) of the Regulatory Systems (Economic Development) Amendment Act 2025 (2025 No 11).
                                • Section 112(1)(da): inserted, on , by section 66(2) of the Regulatory Systems (Economic Development) Amendment Act 2025 (2025 No 11).
                                • Section 112(1)(ia): inserted, on , by section 66(3) of the Regulatory Systems (Economic Development) Amendment Act 2025 (2025 No 11).
                                • Section 112(1)(k): amended, on , by section 413 of the Criminal Procedure Act 2011 (2011 No 81).
                                • Section 112(3): inserted, on , by section 3 of the Secondary Legislation Act 2021 (2021 No 7).