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Electricity Industry Act 2010

Miscellaneous - Transitional and consequential provisions - Dissolution of Electricity Commission

134: Consequences of dissolution

You could also call this:

“When the Electricity Commission ends, the Authority takes over its jobs and stuff”

When the Electricity Commission is dissolved, here’s what happens:

On the day it’s dissolved, the Authority takes over many things from the Electricity Commission. The Authority gets the Commission’s functions and powers, as long as they match what the Authority is supposed to do. The Authority also gets all the Commission’s property, information, money, rights, and responsibilities.

The people who worked for the Commission become employees of the Authority with the same work conditions, but there are some exceptions to this.

Anything the Commission was doing or was supposed to do is now the Authority’s job. This includes any legal proceedings that were happening.

The Authority can choose a new boss to start work on or after the day the Commission is dissolved.

When the information moves from the Commission to the Authority, it doesn’t count as interfering with anyone’s privacy under the Privacy Act 2020.

The Commission being dissolved doesn’t change any decisions it made or things it did before. It also doesn’t affect any court cases involving the Commission or other matters related to its work.

The Authority can temporarily do some of the Commission’s jobs if it needs to. This might be to follow certain rules, to make decisions about reserve supply, or to help with the change from the Commission to the Authority.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM2634562.

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Part 5 Miscellaneous
Transitional and consequential provisions: Dissolution of Electricity Commission

134Consequences of dissolution

  1. On the commencement date,—

  2. the functions and powers of the Electricity Commission under any enactment vest in the Authority, but only to the extent that those functions and powers are consistent with the functions and powers of the Authority under this Act (subject to subsection (5)); and
    1. all property belonging to the Electricity Commission vests in the Authority; and
      1. all information held by the Electricity Commission is held by the Authority; and
        1. all money payable to or by the Electricity Commission becomes payable to or by the Authority; and
          1. all rights, liabilities, contracts, entitlements, and engagements of the Electricity Commission become the rights, liabilities, contracts, entitlements, and engagements of the Authority; and
            1. subject to section 137, every employee of the Electricity Commission becomes an employee of the Authority on the same terms and conditions as applied immediately before he or she became an employee of the Authority; and
              1. anything done, or omitted to be done, or that is to be done, by or in relation to the Electricity Commission is to be treated as having been done, or having been omitted to be done, or to be done, by or in relation to the Authority; and
                1. the commencement, continuation, or enforcement of proceedings by or against the Electricity Commission may instead be commenced, continued, or enforced by or against the Authority without amendment to the proceedings; and
                  1. the completion of a matter or thing that would, but for section 133(1), have been completed by the Electricity Commission, may be completed by the Authority.

                    1. Despite anything in subsection (1), the Authority may appoint a new chief executive or general manager to commence on or after the commencement date.

                    2. The transfer of information from the Electricity Commission to the Authority under subsection (1)(c) does not constitute an action that is an interference with the privacy of an individual under section 69 of the Privacy Act 2020.

                    3. The dissolution of the Electricity Commission does not, by itself, affect any of the following matters:

                    4. any decision made, or anything done or omitted to be done, by the Electricity Commission in relation to the performance of its functions or the exercise of its powers under any enactment:
                      1. any proceedings commenced by or against the Electricity Commission:
                        1. any other matter or thing arising out of the Electricity Commission’s performance or exercise, or purported performance or exercise, of its functions or powers under any enactment.

                          1. Despite subsection (1)(a), it is a function of the Authority to perform any functions and exercise any powers of the Electricity Commission that are necessary or desirable for it to exercise or perform, on a temporary basis,—

                          2. in order for it to comply with section 127; or
                            1. in order to make a reserve supply determination, as referred to in section 136; or
                              1. for the purpose of effectively managing the transition of functions from the Electricity Commission to the Authority.

                                Compare
                                • 2008 No 47 Schedule 2 cl 26
                                Notes
                                • Section 134(3): amended, on , by section 217 of the Privacy Act 2020 (2020 No 31).