450

NEW ZEALAND GAZETTE

No. 1

accordance with a formal supply contract with ECNZ
or with an Alternative Supplier;

“Reconciliation Agreement” means the Metering and
Reconciliation Information Agreement between,
amongst others, ECNZ and National Grid Manager
which, amongst other things, provides for the
appointment of an independent third party (which may
include the National Grid Manager) to undertake the
task of providing an accurate assessment of the
quantity of Electricity bought and sold by all parties
buying and selling Electricity supplied through the
National Grid including, where appropriate,
allowances for losses incurred in transmission of the
Electricity;

“Year” means a period of 365 days or, in the case of a
leap year, a period of 366 days;

1.2 Headings: Clause and other headings are for ease of
reference only and shall not be deemed to form any part of
the context or to affect the interpretation of these
Conditions;

1.3 Clauses etc: References to clauses and the schedule are
references to clauses and to the schedule to these
Conditions and a reference in the Schedule to a paragraph
shall be a reference to a paragraph of that Schedule;

1.4 Plural and Singular: Words importing the singular
number shall include the plural and vice versa;

1.5 Negative Obligations: Any obligation not to do
something shall be deemed to include an obligation not to
suffer, permit or cause that thing to be done;

1.6 Statutes and Regulations: References to a statute
include references to regulations, orders or notices made
under or pursuant to such statute or regulations made under
the statute and references to a statute or regulation include
references to all amendments to that statute or regulation
whether by subsequent statute or otherwise and a statute or
regulation passed in substitution for the statute or
regulation referred to;

1.7 Time: Any reference to time is expressed on a 24 hour
clock basis in New Zealand standard time or New Zealand
daylight time, whichever is in force, as defined in the Time
Act 1974;

1.8 Currency: All amounts referred to in these Conditions
are denominated in New Zealand currency; and

1.9 Liability: Where there is more than one Purchaser
reference to a Purchaser shall be deemed to include all of
the Purchasers jointly and severally.

2. SUPPLY OF ELECTRICITY

2.1 Deemed Purchase: If the Purchaser takes a supply of
Electricity (which is generated or made available by
ECNZ) from the National Grid other than in accordance
with a formal supply contract with ECNZ or an Alternative
Supplier the Purchaser shall thereby be deemed to have
accepted that such supply is on the terms set out in these
Conditions.

2.2 No Liability: Notwithstanding ECNZ permitting the
Purchaser to continue to take a supply of Electricity
without a formal agreement between ECNZ and such
Purchaser, such continued supply shall not be construed as
implying that ECNZ accepts any responsibility for
Electricity injected into the National Grid and in particular
ECNZ accepts no responsibility for:

(a) the quality of Electricity taken by the Purchaser; or
(b) any interruptions to supply to the Purchaser or lack of
a continuous supply;

and further ECNZ shall have no liability to the Purchaser
arising from any non-supply of Electricity, interruption
to the supply of Electricity or any loss or damage
incurred by the Purchaser as a result of the Purchaser

taking a supply of Electricity in accordance with the
Conditions howsoever that loss or damage arises.

3. PRICING AND PAYMENT

3.1 Pricing: Subject to the provisions hereof, the price
payable by the Purchaser for the supply of Electricity to the
Purchaser pursuant to these Conditions including loss
incurred in the transmission of such Electricity shall be
set out in the Schedule to these Conditions.

3.2 G.S.T.: All charges and prices referred to in these
Conditions (including those specified in the Schedule) are
payable by the Purchaser are stated exclusive of G.S.T. or
any other taxes or levies (if any). The Purchaser shall pay
to ECNZ at the time of payment for the supply an amount
equal to all G.S.T. on supplies made under these Conditions
and in addition shall be liable to pay to ECNZ on demand
amounts equal to all other taxes, duties, levies or other
charges (other than taxes on income) which are, after the
date of these Conditions, imposed from time to time on the
supply by ECNZ of Electricity or incurred by ECNZ in
respect of the operation of the ECNZ’s System.

3.3 Payment: All charges payable by the Purchaser for
Electricity supplied shall be paid by 2.00 pm on the 20th
day of the Month following supply or 5 Business Days after
receipt of an invoice from ECNZ (whichever is the earlier).
Where the date is other than a Business Day, then the
account shall be due and payable by 2 pm on the first
Business Day following.

3.4 Default Interest: Subject to clause 3.5, any amount
due for Electricity supplied and other services associated
with the supply of Electricity which remain unpaid after the
due date as set out in clause 3.3, shall attract interest
calculated daily at the Default Rate until the date payment
is received, which interest shall be capitalised daily and
shall accrue after as well as before judgment. All legal
costs and expenses reasonably incurred by ECNZ in
collecting or attempting to collect any overdue amount
shall be payable by the Purchaser.

3.5 Disputes as to Accuracy of Accounts: If the Purchaser
disputes the accuracy of any account for Electricity:

3.5.1 Payment of Undisputed Amount: The Purchaser
shall notify ECNZ accordingly within 5 Business Days of
receipt of such account. The Purchaser shall pay the
undisputed amount owing in accordance with the
provisions of clause 3.3. ECNZ and the Purchaser shall
take all steps necessary to resolve the dispute as soon as
possible and neither party shall unreasonably impede
settlement;

3.5.2 Payment of Balance: On settlement, the Purchaser
shall pay to ECNZ any outstanding balance of the account
together with interest at the Bank Bill Bid Rate plus 3 per
cent per annum but otherwise calculated in accordance with clause 3.4.

3.6 Payment Without Prejudice: If the Purchaser disputes
the accuracy of any account for Electricity the Purchaser,
after notifying ECNZ of the dispute, may nevertheless
forward payment for the entire account rendered. Should it
be later agreed that, as a result of an incorrect account, the
Purchaser has paid a higher sum than that actually owed,
the overpayment shall be refunded together with interest
from the due date until the date payment is made at the
Bank Bill Bid Rate but otherwise calculated in accordance
with clause 3.4.

3.7 Continuing Liability: Notwithstanding the cessation of
supply, the Purchaser shall remain liable for any accrued
charges and amounts payable under these Conditions.

4. DETERMINATION OF QUANTITY

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