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Electricity Industry Act 2010

Miscellaneous - State-owned enterprise asset reconfiguration and miscellaneous matters - Asset reconfiguration provisions in respect of Waitaki Power Scheme

122: Minister may change permit conditions by order

You could also call this:

“The Minister can change permit rules for power stations after talking to others and checking important points”

The Minister can change the rules of a permit after talking to the Minister for the Environment. They can do this only if certain things are true:

  1. The changes are needed because the Tekapo A and Tekapo B power stations are being given to someone else.

  2. It’s not easy to fix things by just telling Meridian and Genesis to make a deal with each other.

  3. The changes will still do what section 120 says they should do.

  4. Meridian or Genesis (or both) have suggested changes after talking to the people who give out permits.

  5. The Minister has thought about what the permit-givers have said.

When the Minister makes these changes:

  • They start working on a day the Minister chooses. This can be before or after the power stations are given to Genesis.

  • The changes work just like they were made by the people who give out permits.

  • The changes are a type of law that needs to be shared with everyone.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM3002224.

Topics:
Business > Industry rules Environment and resources > Climate and energy
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121: Process for Meridian and Genesis to recommend changes to permit conditions in respect of Waitaki Power Scheme, or

"How Meridian and Genesis can ask for changes to Waitaki Power Scheme rules"

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123: Existing agreements with other parties in respect of Waitaki Power Scheme, or

"Rules about old agreements for the Waitaki Power Scheme"

Part 5 Miscellaneous
State-owned enterprise asset reconfiguration and miscellaneous matters: Asset reconfiguration provisions in respect of Waitaki Power Scheme

122Minister may change permit conditions by order

  1. The Minister may, after consultation with the Minister for the Environment, make an order changing 1 or more of the conditions of a permit.

  2. The Minister may make an order only if the Minister is satisfied that—

  3. the changes to the conditions are needed only because of the transfer of the Tekapo A and Tekapo B generating stations; and
    1. it is not reasonably practicable to achieve the purposes set out in section 120 by means of a direction requiring Meridian and Genesis to enter into 1 or more contracts with each other; and
      1. changes to the conditions achieve the purpose set out in section 120(b) in all material respects; and
        1. either or both of Meridian and Genesis have recommended changes to the conditions after consultation with the consent authority; and
          1. the Minister has considered any representations made by the consent authority by the date specified under section 121(5).

            1. An order under this section—

              1. takes effect on a date specified in the order (which may be on or before the date that the permits are transferred to Genesis under the Resource Management Act 1991 but may not be before the date of the notice in the Gazette); and
                1. takes effect as if it were a change to a condition that had been made by the consent authority.

                    1. An order under this section is secondary legislation (see Part 3 of the Legislation Act 2019 for publication requirements).

                    Notes
                    • Section 122(3)(a): repealed, on , by section 3 of the Secondary Legislation Act 2021 (2021 No 7).
                    • Section 122(3)(b): amended, on , by section 6 of the Resource Management (Natural and Built Environment and Spatial Planning Repeal and Interim Fast-track Consenting) Act 2023 (2023 No 68).
                    • Section 122(3)(d): repealed, on , by section 3 of the Secondary Legislation Act 2021 (2021 No 7).
                    • Section 122(4): replaced, on , by section 3 of the Secondary Legislation Act 2021 (2021 No 7).