NEW ZEALAND GAZETTE

No. 23

1054

4.1 Quantity Taken: Until clause 4.3 applies but subject to clause 4.2 the Purchaser shall be deemed to have purchased from ECNZ all Electricity drawn off from the National Grid at each Point of Output Connection, unless any other person also draws Electricity off from the National Grid at that Point of Output Connection which draw off is exclusively measured by separate Metering Equipment at the Point of Output Connection. In that event the Purchaser shall not be deemed to have purchased such separately measured Electricity.

4.2 Local Customers: If:

(a) ECNZ is supplying Electricity to a person (Local Customer) other than the Purchaser from the same Point of Output Connection as that from which the Purchaser is drawing its supply of Electricity from the National Grid; and

(b) the Electricity being supplied to that Local Customer is measured with the Electricity being supplied to the Purchaser,

then the quantity of Electricity deemed to be taken by the Purchaser pursuant to clause 4.1 shall be reduced by the amount of Electricity supplied to such Local Customer over the same period together, if applicable, with an appropriate allowance for line losses that might be suffered in transmitting the Electricity from the Point of Output Connection to the point where Metering Equipment used for measuring the quantity of Electricity sold to the Local Customer is situated.

4.3 Reconciliation Agreement: If there is a Reconciliation Agreement applicable to the supply of Electricity under these Conditions the quantities of Electricity which the Purchaser shall be deemed to have purchased from ECNZ shall be determined in accordance with the Reconciliation Agreement and the provisions of that Reconciliation Agreement shall apply in lieu of clauses 4.1 and 4.2.

4.4 Basis of Measurement: Measurement of Electricity supplied shall be carried out in a prudent and responsible manner using the most appropriate Metering Equipment available at the point of supply to measure the relevant supply. The Purchaser shall not do any act or thing whereby it shall cause the quantity of Electricity measured in each Half Hour to be less than the amount for which it would be liable to ECNZ if measured in the usual and proper manner and shall not in any way interfere with or allow to be tampered with the Metering Equipment on which ECNZ is or may be relying.

5. RIGHTS OF ACCESS

5.1 Authorised Representatives of Seller and Purchaser: For the purposes of this clause 5, the term “ECNZ” shall be deemed to include the employees and authorised agents and contractors of ECNZ.

5.2 Metering Equipment on Purchaser’s Property: Where the Metering Equipment at any Point of Output Connection is located on any property (including buildings and other structures) owned or occupied by the Purchaser or otherwise reasonably under its control the Purchaser shall grant or procure the grant to ECNZ of authority to install, test, maintain, read, inspect, replace, repair or operate the Metering Equipment together with reasonable rights of access to such property in accordance with clause 5.3 and such access is deemed to be granted by the Purchaser to ECNZ as a result of the Purchaser taking Electricity in accordance with these Conditions. Such rights of access shall extend to removal by ECNZ of the Metering Equipment owned or provided by it at any time following the cessation of supply of Electricity.

5.3 Right of Access to Purchaser’s Property: The following provisions shall apply to the rights of access conferred by clause 5.2:

5.3.1 Notice: Where practicable, ECNZ shall give to the Purchaser reasonable notice of the work ECNZ proposes to undertake;

5.3.2 Minimise Inconvenience: In carrying out any such work, ECNZ shall cause as little inconvenience to the Purchaser as practicable and shall observe recognised safe working practices at all times; and

5.3.3 Ownership of Equipment: Ownership of all Metering Equipment installed or previously installed by ECNZ or on ECNZ’s behalf on the Purchaser’s property shall remain the property of ECNZ or of its agent or assignee (as the case may be).

5.4 Right of Access to National Grid Manager: The Purchaser shall allow the National Grid Manager the right to read (electronically or otherwise) any Metering Equipment on the Purchaser’s property for monitoring use of the National Grid.

6. CESSATION OF SUPPLY

ECNZ reserves the right to request the National Grid Manager to De-energise the Purchaser, or to take steps to disconnect the Purchaser if there is any breach of these Conditions including, without limitation, any failure to make any due payment under these Conditions.

7. WITHDRAWAL OF CONDITIONS

7.1 Withdrawal: ECNZ reserves the right at any time and from time to time to withdraw or amend these Conditions by notice in the New Zealand Gazette. ECNZ shall also endeavour to advertise the notice in newspapers circulating in the area, but any failure to so advertise shall not affect the validity of the notice. With effect from the date specified in such notice any supply of Electricity taken by the Purchaser shall be deemed to be taken on the revised Conditions then applying.

7.2 Obligations to Survive Withdrawal: Withdrawal of these Conditions or the Purchaser ceasing to take a supply pursuant to these Conditions shall not affect clauses 3, 4 and 5 and shall be without prejudice to any claim, right or remedy to which ECNZ may be entitled in the event of any breach of these Conditions arising prior to withdrawal of the Conditions or the Purchaser ceasing to take supply of Electricity in accordance with these Conditions.

8. NOTICES

8.1 Address for Purchaser: For the purposes of sending any notice or other communication to the Purchaser, ECNZ shall be entitled to send such notice or other communication to the address at the Point of Output Connection or (in the discretion of ECNZ) the last business address known to ECNZ or other address notified by the Purchaser to ECNZ, being an address within New Zealand. Any notice or other communication sent to such address shall be deemed to be validly given and received for the purposes of the Conditions.

8.2 Giving of Notices: All notices and other communications (including accounts) required or permitted under these Conditions shall be in writing and shall be delivered personally, sent through the post (postage prepaid) or sent by facsimile transmission. Notices to the Purchaser shall be sent in accordance with clause 8.1 and notices to ECNZ shall be sent to the address of ECNZ set out at clause 8.3. Proof of posting or dispatch of any notice or communication shall be deemed to be proof of receipt:

(a) Facsimile Transmission: In the case of facsimile transmission, on the day of receipt (as to which confirmation of transmission in its entirety by