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Electricity Industry Act 2010

Electricity industry governance - Electricity Industry Participation Code - Application of other Acts

44D: Not interconnected under Commerce Act 1986

You could also call this:

“Companies following electricity rules are treated as separate businesses under competition law”

When businesses follow rules in the Code about keeping parts of their company separate or dealing with each other fairly, the law treats them as if they were completely different companies. This is true even if the same person or group owns all of these businesses.

This rule applies to most of Part 2 of the Commerce Act 1986, but not to sections 36 and 36A. It also applies even though section 2(7) of the Commerce Act 1986 might say something different.

The purpose of this rule is to make sure these businesses are treated as separate when the Commerce Act is looking at how companies compete with each other.

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This page was last updated on

View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS747958.

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"Explaining what important words mean in this part of the electricity law"

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"Rules about when you can cancel agreements that break electricity company rules"

Part 2 Electricity industry governance
Electricity Industry Participation Code: Application of other Acts

44DNot interconnected under Commerce Act 1986

  1. For the purposes of Part 2 of the Commerce Act 1986 (other than sections 36 and 36A), businesses to which provisions in the Code relating to corporate separation or arm’s-length rules apply are deemed to be separate bodies corporate that are not interconnected, despite the fact that they may have a common owner.

  2. Subsection (1) applies despite section 2(7) of the Commerce Act 1986.

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Notes
  • Section 44D: inserted, on , by section 20 of the Electricity Industry Amendment Act 2022 (2022 No 46).