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Electricity Industry Act 2010

Miscellaneous - Transitional and consequential provisions - Commerce Commission

143: Investigations relating to separation of distribution from generation and retailing

You could also call this:

“Rules for looking into power companies keeping their different jobs separate”

The Commerce Commission is allowed to keep investigating and working on cases about breaking the rules of the Electricity Industry Reform Act 1998, even though that law doesn’t exist anymore. But they can only do this if they told someone in writing before the new law started that they were looking into it.

If someone might have broken the old law, but nobody told the Commerce Commission about it before the new law started, they have to tell the Authority instead. The Authority will then use the rules in subpart 2 of Part 3 of the new law to deal with it.

If the Authority asks, the Commerce Commission has to give them any information they have that might be important for figuring out if someone has broken the rules in Part 3 of the new law.

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Part 5 Miscellaneous
Transitional and consequential provisions: Commerce Commission

143Investigations relating to separation of distribution from generation and retailing

  1. After the commencement date, the Commerce Commission may continue any investigations and proceedings in relation to a breach or possible breach of the Electricity Industry Reform Act 1998 as if that Act had not been repealed, but only if the Commerce Commission has, before the commencement date, confirmed in writing to a party to the investigation or proceedings that the investigation or proceeding has begun.

  2. Any breach or possible breach of the Electricity Industry Reform Act 1998 that is not referred to the Commerce Commission before the commencement date may be referred after that date to the Authority (but may not be referred to the Commerce Commission), in which case subpart 2 of Part 3 of this Act applies to the breach or possible breach.

  3. The Commerce Commission must, on request by the Authority, provide to the Authority any information it holds that the Authority considers is, or may be, relevant to a breach or possible breach of Part 3 of this Act.