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Commerce Act 1986

Regulated goods or services - Electricity lines services - Transitional arrangements

54M: Administrative settlements with Transpower made before 1 April 2009

You could also call this:

"Deals with agreements made with Transpower before 1 April 2009 if you broke the rules"

Illustration for Commerce Act 1986

If you have an agreement with Transpower that was accepted by the Commission before 1 April 2009, this section applies to you. You broke the rules, and now you have to deal with the consequences under Part 6 as if you broke a special price-quality path. The Commission has to tell the Minister what to do with you before your agreement runs out.

The Commission must recommend that the Minister make a special order under section 52N that says you have to follow either default or customised price-quality rules under subpart 6, or individual price-quality rules under subpart 7. Most of subpart 2 applies to the process of making this order, except the parts about inquiries. The Minister's order will decide how you are regulated, and if you have to follow default or customised price-quality rules, the section 52P determination will set your price-quality path using the process under section 53P.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM1940050.

Topics:
Business > Industry rulesMoney and consumer rights > Consumer protection
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54L: Administrative settlements made before 1 April 2009 (other than with Transpower), or

"Settling disputes with the Commission before 1 April 2009, excluding Transpower deals"

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54N: Breaches of thresholds and default price-quality paths before 1 April 2010, or

"Rules for dealing with breaches that happened before 1 April 2010"

Part 4Regulated goods or services
Electricity lines services: Transitional arrangements

54MAdministrative settlements with Transpower made before 1 April 2009

  1. This section applies to any administrative settlement with Transpower that is accepted by the Commission before 1 April 2009 in respect of a breach of a threshold.

  2. Any breach of an administrative settlement with Transpower may be dealt with under Part 6 as if it were a breach of a customised price-quality path, despite anything in the terms of the settlement.

  3. Before the expiry of the administrative settlement, the Commission must recommend to the Minister that an Order in Council be made under section 52N declaring that either—

  4. Transpower is subject to default/customised price-quality regulation under subpart 6; or
    1. Transpower is subject to individual price-quality regulation under subpart 7.

      1. Subpart 2, except the provisions relating to inquiries, applies to the process for imposing that regulation and making the section 52P determination.

      2. If an Order in Council declares that Transpower is subject to default/customised price-quality regulation, the section 52P determination must set the price-quality path that applies for the regulatory period commencing with the date on which the Order in Council comes into force, using the process under section 53P for resetting default price-quality paths.

      3. Repealed
      Notes
      • Section 54M: inserted, on , by section 4 of the Commerce Amendment Act 2008 (2008 No 70).
      • Section 54M(3)(b): amended, on , by section 153(1) of the Electricity Industry Act 2010 (2010 No 116).
      • Section 54M(6): repealed, on , by section 153(2) of the Electricity Industry Act 2010 (2010 No 116).