New Zealand Gazette – 2003 – No. 62

Page 1699

✨ Commerce Act Notice

6 JUNE NEW ZEALAND GAZETTE 1699

Information Requirements

(1) The Commission hereby requires every lines business to publicly disclose and publish on the Internet, within 35 working days of each assessment date that is relevant to the lines business, the following statement and documents:

(a) A written statement that—

(i) if the assessment date concerned relates to the price path threshold, confirms the lines business’ compliance, or otherwise, with the price path threshold, and includes evidence to this effect in the form of revenues, prices, list of excluded services (and the reasons and supporting evidence for excluding these services), and other data and information that supports the confirmation; and

(ii)    if the assessment date concerned relates to the quality threshold, confirms the lines business’ compliance, or otherwise, with the quality threshold, and includes evidence to this effect in the form of SAIDI and SAIFI figures (number of unplanned interruptions and total customer interruptions in the case of Transpower), asset management plans, and other data and information that supports the confirmation; and

(iii)   includes such other information as is sufficient to enable the Commission to properly determine whether or not the threshold concerned has been breached:

(b) A report on the above statement that is signed by an auditor and is in the form set out in Schedule 1:

(c) A certificate in the form set out in Schedule 2, duly signed by two directors of the lines business, or one director if that lines business has only one director.

(2) If a lines business considers that clause 5(4) or 6(3) applies, the threshold compliance statement and auditor’s report required by subclause (1)(a) and (b) must state that, in the view of the lines business or auditor,—

(a) it is not practicable to determine whether the lines business has complied with the subclauses concerned (subclauses 5(1) to (3) in the case of the price path threshold and subclauses 6(1) and (2) in the case of the quality threshold) because of lack of information or (in the case of clause 5(4) only) the subclauses concerned being clearly meaningless in relation to the lines business; and

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