44Contents of determination

1. A determination made under section 42 must specify the following:

2. the specified entity to which it applies:
3. the water services to which it applies:
4. any time frames that must be complied with or that apply:
5. the information that the specified entity must disclose:
6. the manner in which the information must be disclosed:
7. the form of disclosure:
8. when, and for how long, the specified entity must disclose the information:
9. any methodologies that the specified entity must apply in preparing or compiling the information.

10. In making a determination under section 42, the Commission may have regard to the scale, complexity, and risk profile of each specified entity (or class of specified entity), or the type of water services being provided by each specified entity (or class of specified entity), to which the determination will apply (for example, by requiring more or less information to be disclosed).

11. A determination may require a specified entity to disclose information that includes, without limitation, 1 or more of the following:

12. financial statements (including projected financial statements):
13. asset values and valuation reports:
14. prices, terms and conditions relating to prices, and pricing methodologies:
15. contracts:
16. transactions with related parties:
17. financial and non-financial performance measures:
18. plans and forecasts, including (without limitation) plans and forecasts about demand, investments, prices, revenues, quality and service levels, capacity and spare capacity, and efficiency improvements:
19. asset management plans:
20. quality performance measures and statistics:
21. assumptions, policies, and methodologies used or applied in the delivery of water services:
22. consolidated information that includes information about goods or services that are not incidental to, or related to, water services, in which case section 45 applies:
23. information about the financing of territorial authorities (or regional councils, if the specified entity is the Wellington Regional Council) and water services council-controlled organisations that includes information about goods or services that are not incidental to, or related to, water services, in which case section 45 applies.

24. In addition, a determination may require a specified entity to disclose information about how the entity is supporting and enabling planning processes, growth, and housing and urban development and, in particular, the entity’s level of responsiveness in relation to those issues.

25. A determination may do 1 or more of the following:

26. require disclosed information, or information from which disclosed information is derived (in whole or in part), to be verified by statutory declaration:
27. require independent audits of disclosed information:
28. require the retention of data on which disclosed information is based, and associated documentation:
29. exempt any specified entity or class of specified entity, or provide for exemptions, from any requirements of the determination, and provide for the revocation of exemptions:
30. provide for transitional provisions:
31. impose any other requirements that the Commission considers necessary or desirable to promote the purpose of this subpart.

32. If a determination authorises a person to grant an exemption under subsection (5)(d),—

33. an instrument granting or revoking an exemption is secondary legislation (see Part 3 of the Legislation Act 2019 for publication requirements), unless it applies only to 1 or more named persons; and
34. the determination must contain a statement to that effect.

Compare

• 2023 No 54 s 35