3260 NEW ZEALAND GAZETTE, No. 132 14 OCTOBER 2004

(d) The Westfield Group will:

• notify, within three months, those tenants who
  have lease clauses which allow the Westfield
  Group the option of supplying electricity to
  them that the Westfield Group will not enforce
  these clauses; and

• notify any new tenants, after the date of this
  exemption, who have lease clauses which allow
  the Westfield Group the option of supplying
  electricity that the Westfield Group will not
  enforce these clauses or alternatively that the
  Westfield Group will provide in the leases for
  those tenants that they can choose their own
  electricity supplier.

(e) The Westfield Group will provide, with each bill,
consumption and billing information to its tenants to
whom they supply electricity and will use
their best endeavours to provide such reasonable
information that any tenant being supplied
electricity by the Westfield Group may request,
to enable tenants to assess competitive options
available to them for the supply of electricity.

(f) The Westfield Group will provide, with each bill,
consumption and billing information to tenants in
a manner that separates and identifies the relevant
energy charges, any recovery on account of actual
line charges and the basis for such recovery, and any
recovery on account of actual administration costs
associated with lines charges and the basis for such
recovery.

(g) In the event of the Westfield Group exiting or
re-entering the electricity supply business the
Westfield Group will give the Commission written
notice of that fact.

(h) The Westfield Group will not recover any revenue,
margin or other amount in respect of line function or
other services provided by external network
operators other than an apportionment of their actual
cost to the Westfield Group where and to
the extent an amount on account of that cost is
recoverable from a tenant under its lease as an
operational cost and actual costs of administration
related to line charges to the extent recoverable
under the lease.

In addition, the Commission, pursuant to section 81 of the
EIR Act, exempts from the application of sections 17, 18
and 30 of the EIR Act any business or involvement or
interest in relation only to any future property investment
and management activities that the Westfield Group might
undertake, and in respect of which sections 17, 18 and/or 30
would apply.

The exemption to any business or involvement or interest in
respect of any future property investment and management
activities that the Westfield Group might undertake is given
subject to the following terms and conditions being fully
observed by the business or involvement or interest to which
the exemption applies:

(a) The terms and conditions as set out above in relation
to the exemption given to the Westfield Group.

(b) That the Westfield Group informs the Commission
of the details of any future property investment
and/or management activity (including company
purchase or formation), within 20 working days
(as that term is defined in the Commerce Act 1986)
from the day following the day it undertakes the
activity, that is likely to breach the EIR Act and
for which the Westfield Group and/or any other
persons are likely to rely on this exemption.

The exemption takes effect from 14 November 2004.

The Commission may vary or revoke this exemption at any
time in accordance with section 81 (5) of the EIR Act.

au6856

Telecommunications Act 2001

Submission of Radiocommunication Co-location Draft Code

On 5 October 2004, the Telecommunications Carriers’ Forum
(“the TCF”) submitted to the Commerce Commission its
draft code for co-location of radiocommunications services
regulated under the Telecommunications Act 2001 (“the
draft code”).

The draft code relates to the regulated services of co-location
on cellular mobile transmission sites, and co-location of
equipment for fixed telecommunications services at sites
used by Broadcast Communications Limited.

The TCF has submitted the draft code for approval by
the Commission under clause 1 of Schedule 2 of the
Telecommunications Act 2001 (“the Act”).

Pursuant to clause 7 of Schedule 2 of the Act, the
Commission gives public notice of both the draft code
and its decision to carry out a consultation process on the
code.

The Commission requests that submissions on the draft code
be made to:

kate.saunders@comcom.govt.nz

no later than 12 November 2004.

A copy of the draft code can be found on the Commission’s
website at:

http://www.comcom.govt.nz/telecommunications/index.cfm

Date of Notice: 14 October 2004.
COMMERCE COMMISSION.

au6861

Maritime Safety Authority of

New Zealand

Submarine Cables and Pipelines Protection Act 1996

Approved Maritime Surveillance Equipment Under
the Submarine Cables and Pipelines Protection Act 1996

Whereas, pursuant to section 441 of the Maritime Transport
Act 1994, the Minister of Transport did delegate those
powers under section 35 of the Submarine Cables and
Pipelines Protection Act 1996 to the Maritime Safety
Authority by an instrument of delegation dated 19 March
1997.

And whereas, pursuant to section 442 of the Maritime
Transport Act 1994, the Maritime Safety Authority did
delegate those powers under section 35 of the Submarine
Cables and Pipelines Protection Act 1996 to the Director of
Maritime Safety by an instrument of delegation dated
26 March 1997.

Therefore I, Russell Kilvington, Director of Maritime
Safety, hereby approve the following equipment to be
approved maritime surveillance equipment for the purposes
of the Submarine Cables and Pipelines Protection Act 1996.