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Electricity Industry Act 2010

Electricity industry governance - Monitoring and enforcement - Authority's powers and procedures

46: Authority's monitoring, investigation, enforcement, and review powers

You could also call this:

“The Electricity Authority's special powers to watch over and enforce rules in the electricity industry”

The Electricity Authority has special powers to watch over, look into, and enforce rules in the electricity industry. These powers can be used on industry participants for specific reasons outlined in section 45, and on certain other people for some of those reasons.

The Authority can ask industry participants or specific people to do several things. They might need to give information, papers, or recordings within a reasonable time. They may have to let their staff be interviewed and make sure they answer questions honestly. If a specific person is asked, they must make themselves available for an interview and answer questions truthfully. Everyone must help the Authority do its job as much as they can.

The Authority can’t enter someone’s property without permission, except for a specific reason and with a special document called a warrant.

If someone doesn’t do what the Authority asks, it’s treated like breaking the rules. The Authority can then ask a special group called the Rulings Panel to decide what should happen.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM3019723.

Topics:
Business > Industry rules Environment and resources > Climate and energy
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45: Purposes of exercise of Authority's monitoring, investigation, enforcement, and review powers, or

"Why the Electricity Authority checks and enforces rules in the electricity industry"

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47: Power to search, or

"Electricity officials can look for rule-breakers with a special permission slip"

Part 2 Electricity industry governance
Monitoring and enforcement: Authority's powers and procedures

46Authority's monitoring, investigation, enforcement, and review powers

  1. The Authority may exercise the powers in this section,—

  2. in relation to an industry participant, only for a purpose described in section 45; and
    1. in relation to a specified person, only for a purpose described in section 45(a)(i) or (b).

      1. The Authority may require an industry participant or a specified person to do any of the following:

      2. provide, within any reasonable time specified by the Authority, any information, papers, recordings, and documents that are in the possession, or under the control, of the participant or specified person and that are requested for the purpose:
        1. permit its officers or employees to be interviewed (which interview may be recorded) and ensure as far as possible that they are made available for interview and answer truthfully and fully any questions put to them:
          1. if a specified person is a natural person, make themselves available for interview (which may be recorded) and to answer truthfully and fully any questions put to them:
            1. give all other assistance that may be reasonable and necessary to enable the Authority to carry out its functions and exercise its powers.

              1. Nothing in this section requires a person to give the Authority access to any premises, except for a purpose described in section 45(b) and under a warrant issued under section 47.

              2. If an industry participant or a specified person, whether directly or through an officer or employee, fails to comply with a requirement of the Authority under this section, the failure is treated as if it were a breach of the Code and the Authority may apply to the Rulings Panel for any order under section 54.

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              Notes
              • Section 46 heading: amended, on , by section 22 of the Electricity Industry Amendment Act 2022 (2022 No 46).
              • Section 46(1): replaced, on , by section 57(1) of the Regulatory Systems (Economic Development) Amendment Act 2025 (2025 No 11).
              • Section 46(2): amended, on , by section 57(2) of the Regulatory Systems (Economic Development) Amendment Act 2025 (2025 No 11).
              • Section 46(2)(a): amended, on , by section 57(3) of the Regulatory Systems (Economic Development) Amendment Act 2025 (2025 No 11).
              • Section 46(2)(ba): inserted, on , by section 57(4) of the Regulatory Systems (Economic Development) Amendment Act 2025 (2025 No 11).
              • Section 46(4): amended, on , by section 57(5) of the Regulatory Systems (Economic Development) Amendment Act 2025 (2025 No 11).