New Zealand Gazette – 2004 – No. 81

Page 2028

✨ Commerce Act Notice



2028 NEW ZEALAND GAZETTE, No. 81 30 JUNE 2004

(a) A written statement that—

(i) confirms Transpower’s compliance, or otherwise, with the price path
    threshold, and includes evidence to this effect in the form of revenues,
    notional revenues, prices, base quantities, pass-through costs, units of
    measurement associated with all numeric data, list of excluded
    services (and the reasons and supporting evidence for excluding these
    services), and other data, information, and calculations, that fully
    supports and explains the confirmation; and

(ii)    confirms Transpower’s compliance, or otherwise, with the quality
    threshold, and includes evidence to this effect in the form of the
    number of unplanned interruptions and total customer interruptions,
    relevant information from asset management plans, and other data,
    information, and calculations, that fully supports and explains the
    confirmation; and

(iii) describes the process by which Transpower has determined the total
    number of unplanned interruptions and total customer interruptions
    for the assessment period; and

(iv) includes all such other information as is sufficient to enable the
    Commission to properly determine whether or not the threshold
    concerned has been breached; and

(v) states the date on which it has been prepared:

(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 Transpower.

(2) If Transpower considers that clause 5(4) or 6(3) applies, the threshold compliance
statement must include all such information as is sufficient to enable the
Commission to properly determine whether that clause applies, and the threshold
compliance statement and auditor’s report required by subclause (1)(a) and (b)
must state that, in the view of Transpower or the auditor,—

(a) it is not practicable to determine whether Transpower has complied with the
    clauses concerned (clauses 5(1) to (3) in the case of the price path threshold
    and clauses 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 clauses concerned
    being clearly meaningless in relation to Transpower; and

(b) Transpower has demonstrated beyond reasonable doubt, by use of an
    alternative approach that has equivalent effect to the clauses concerned, that
    the substance of those clauses has been complied with—


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Online Sources for this page:

VUW Te Waharoa — PDF NZ Gazette 2004, No 81


Gazette.govt.nz — PDF NZ Gazette 2004, No 81




✨ LLM interpretation of page content

🏭 Commerce Act (Transpower Thresholds) Notice 2004 (continued from previous page)

🏭 Trade, Customs & Industry
Commerce Act, Transpower, Thresholds, Notice, Definitions, Pass-through costs, Public disclosure, Rates, Revenue, Specified services