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Electricity Industry Act 2010

Miscellaneous - Amendments to other enactments - Amendments to Commerce Act 1986

156: New section 54V substituted

You could also call this:

“New rule: Electricity Authority must talk to Commerce Commission about important changes”

The Electricity Authority needs to talk to the Commerce Commission before changing the Electricity Industry Participation Code if it might affect what the Commission does. The Authority also needs to tell the Commission quickly about important decisions they make that could affect the Commission’s work.

If the Code changes and makes things more expensive for Transpower or electricity distributors, the Authority needs to let the Commission know right away.

Before the Commission makes any decisions, they need to think about several things. These include rules in the Code about pricing and performance for Transpower and other line owners, any guidelines or directions from the Authority, and special fees that Transpower or line owners have to pay.

The Commission also needs to consider rules about making sure electricity keeps flowing to people.

If the Authority asks, the Commission might need to look at their decisions again and change them to fit with these important things.

When it comes to quality standards for Transpower, the Commission must use the standards set by the Authority. But the Commission can decide how to write these standards in their own way.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM2634592.

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155: New heading and sections 54R and 54S substituted, or

"New rules for deciding how to improve New Zealand's electricity grid"

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157: Amendments to Energy (Fuels, Levies, and References) Act 1989, or

"Changes to the rules about energy, fuels, and charges in New Zealand"

Part 5 Miscellaneous
Amendments to other enactments: Amendments to Commerce Act 1986

156New section 54V substituted

  1. Section 54V is repealed and the following heading and section are substituted:

    Interface with Electricity Industry Act 2010

    54VImpact of certain decisions made under Electricity Industry Act 2010

    1. The Electricity Authority must consult with the Commission before amending the Electricity Industry Participation Code (the Code) in a manner that will, or is likely to, affect the Commission in the performance of its functions or exercise of its powers under this Part.

    2. The Electricity Authority must advise the Commission as soon as practicable after doing any of the following things that is likely to be relevant to the powers or functions of the Commission under this Part:

    3. making any provision of the Code:
      1. making any decision under the Code:
        1. issuing any guidelines:
          1. giving a direction to Transpower and 1 or more industry participants to enter into 1 or more transmission agreements under section 44 of the Electricity Industry Act 2010.

            1. The Electricity Authority must advise the Commission, as soon as practicable, following any change in the Code that results in increased costs to Transpower or to any distributor or class of distributors.

            2. The Commission must take into account, before exercising any of its powers or performing any of its functions under this Part,—

            3. any provision of the Code, or decision made under it, that relates to or affects the pricing methodologies or performance requirements applicable to Transpower:
              1. any provision of the Code, or decision made under it, that relates to or affects the pricing methodologies applicable to any other line owner:
                1. any guidelines of which it receives advice under subsection (2)(c) that are likely to be relevant to the exercise of the powers or performance of the duties or functions of the Commission under this Part:
                  1. any directions of which it receives advice under subsection (2)(d):
                    1. the levy payable by Transpower or any other line owner under section 128 of the Electricity Industry Act 2010:
                      1. the continuance of supply obligations imposed by section 105 of the Electricity Industry Act 2010.

                        1. The Commission must, if asked by the Electricity Authority to do so, reconsider a section 52P determination and, to the extent that the Commission considers it necessary or desirable to do so, amend the determination, to take account of any matter referred to in subsection (4).

                        2. Requirements relating to quality standards for Transpower in a section 52P determination must be based on, and be consistent with, quality standards for Transpower that are set by the Electricity Authority; but the Commission may prescribe them in any way it considers appropriate, as authorised by section 53M(3).