11 FEBRUARY NEW ZEALAND GAZETTE

Summary of Exemptions granted by the Director of Civil Aviation

Pursuant to section 37 of the Civil Aviation Act 1990, notification is hereby given of a summary of exemptions, set out in the Schedule hereto, granted by the Director of Civil Aviation.

Schedule

99/EXE/36 (2) – CAR 47.101 (a)

On 29 January 1999. The director has withdrawn exemption 99/EXE/36 (2) granted on the 10th day of December 1998, pursuant to section 37 of the Civil Aviation Act 1990, to each holder of a certificate of registration for a helicopter being operated on a Police operation that is authorised by the Commissioner of Police, from the requirement in Civil Aviation Rule 47.101 (a).

99/EXE/49 – CAR 47.101 (a)

On 29 January 1999. The director granted an exemption to each holder of a New Zealand certificate of registration for an aircraft being operated on a Police operation that is authorised by the Commissioner of Police, from the requirement in Civil Aviation Rule 47.101 (a) that each holder of a New Zealand certificate of registration shall ensure that the aircraft bears a registration mark in the manner, and in accordance with, the specifications prescribed in 47.109 to 47.119 inclusive. This exemption shall apply until withdrawn in writing by the director.

99/EXE/50 – CAR 47.101 (a)

The director granted an exemption to The Old Flying Machine Co (NZ) Limited, being the holder of the certificate of registration for a Curtiss P-40E Kittyhawk aircraft, serial number 41-25158, registration ZK-RMH, from the requirement in Civil Aviation Rule 47.101 (a) that the aircraft bear a registration mark in the manner, and in accordance with, the specifications prescribed in 47.109 to 47.119 inclusive.

Notice of the grant, withdrawal or denial of exemptions with provisos are published in the Civil Aviation Rules Register Information Leaflet (CARRIL). For the proviso, refer to issue dated 11 February 1999. The CARRIL is available on the CAA website www.caa.govt.nz. Exemption files may also be viewed on prior request to the Registrar at the office of the Civil Aviation Authority, 1 Market Grove (P.O. Box 31-441), Lower Hutt.

Dated at Lower Hutt on this 9th day of February 1999.

HILARY KEENAN, Docket Clerk.

au095

Commerce Commission

Electricity Industry Reform Act 1998

Notice of Exemption — Alpine Energy Limited

The commission, pursuant to section 81, exempts Alpine Energy Limited from the application of:

(a) section 17 of the Electricity Industry Reform Act 1998, in relation to Alpine Energy Limited’s current involvement (via its subsidiary company Timaru Electricity Limited), and interest in Opuha Dam Limited and in the Opuha Dam Partnership;

(b) clauses 2 (7), 2 (8) and 2 (9) of Schedule 1 of the Electricity Industry Reform Act 1998, in relation to the Management Services Agreement between Opuha Dam Limited and Alpine Energy Limited; and

(c) clauses 2 (12) and 2 (13) of Schedule 1 of the Electricity Industry Reform Act 1998, in relation to transactions entered into between Alpine Energy Limited Opuha Dam Limited and between Alpine Energy Limited and the Opuha Dam Partnership.

The exemption is subject to the following terms and conditions:

(1) that Opuha Dam Limited operate its hydro electric generator at a nameplate capacity of 7.5MW or less;

(2) that neither Alpine Energy Limited, Opuha Dam Limited, nor the Opuha Dam Partnership undertake further generating activities at the Opuha Dam or elsewhere;

(3) that Alpine Energy Limited’s equity and return rights in Opuha Dam Limited not exceed 50%;

(4) that Alpine Energy Limited shall not at any time:

• hold more than 50% of the partnership units of the Opuha Dam Partnership;
• hold in its own right, or exercise in its own right, or as proxy, or as attorney, or in any other manner, more than 50% of the voting rights in the Opuha Dam Partnership;
• hold or receive more than 50% of the equity or return rights in the Opuha Dam Partnership.

(5) that all terms and conditions of the Resource Management Act consents, currently held by Opuha Dam Limited, concerning the use, flow, discharge, damming, or otherwise, of water remain in full force and effect and are not altered in any way that would change the basis of this exemption;

(6) that, as part of its related companies disclosure in its annual report, Alpine Energy Limited identify the total number and value of transactions entered into between itself and Opuha Dam Limited and between itself and the Opuha Dam Partnership, and maintains a schedule specifying the nature and import of these transactions which is to be made available to the Commerce Commission on request; and

(7) that Alpine Energy Limited comply with section 25 of the Electricity Industry Reform Act 1998 (arms length rules), subject to the limited exemption specified in (b) and (c) above, as if it is exempt from complying with the ownership separation rules by reason of any of sections 28 to 35.

The exemption takes effect from the date of publication of this notice in the New Zealand Gazette.

au1100