5130 NEW ZEALAND GAZETTE, No. 202 1 DECEMBER 2005

DCA/750XL/6 DCA/AL250/48 DCA/AS350/87 DCA/AS355/59
DCA/BEAGLE121/34 DCA/BELL47/71 DCA/BN-2/71A DCA/CESS402/26
DCA/EC120/17 DCA/EC130/12 DCA/HU369/88 DCA/S-76/15
DCA/SA365/29 DCA/T67/38 DCA/TUR/25A DCA/CESS150/119B
DCA/CESS172/120B DCA/CESS206/106B

These airworthiness directives shall come into force on 1 December 2005.
Airworthiness directives may be viewed on the CAA web site (www.caa.govt.nz) or at Aviation House, 10 Hutt Road, Petone.
Dated this 29th day of November 2005.

JOHN D. STANTON, Team Leader Continuing Airworthiness.
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Electricity Commission

Electricity Act 1992

Notice of Making of Electricity Governance Amendment Rules (No. 34) 2005 and Notice of Reasons for Decision

1. Pursuant to section 172I of the Electricity Act 1992,
   I notify the amendment of the Electricity Governance Rules 2003 (“Rules”) under section 172H of the Electricity Act 1992.

2. The empowering provision for the electricity governance regulations in relation to which the amendment to the Rules is made is section 172D (1) (1) (a) of the Electricity Act 1992.

3. A brief description of the nature of the amendments is as follows:

The proposed rule change will ensure that fully certified metering installations approved under the Metering and Reconciliation Information Agreement (MARIA) are deemed to comply with the Rules from 1 January 2006. This was the intention with the transition rules, but was inadvertently omitted.

4. Pursuant to section 172Z (4) of the Electricity Act 1992, the reasons for my decision to amend the Rules are that:

• the transition rules in part I of the Rules were intended to provide fully certified metering installations current immediately before the operational date would be deemed to be certified under the Rules. However, this rule was inadvertently omitted; and

• the proposed rule and amendment will ensure that participants do not have to recertify metering installations. The recertification of metering installations would be a major undertaking as approximately 100,000 domestic and 4,000 commercial/industrial metering installations are currently certified under MARIA. This would be costly and, at present, New Zealand does not have sufficient resources to complete the task.

5. This rule comes into force on 1 January 2006.

6. Copies of the Rules may be inspected free of charge or purchased from the Electricity Commission, Level Seven, ASB Bank Tower, 2 Hunter Street, Wellington. The Rules can also be viewed on the Electricity Commission web site:

http://www.electricitycommission.govt.nz/rulesandregs/rules

Dated at Wellington this 16th day of November 2005.

DAVID PARKER, Minister of Energy.
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Notice of Making of a Recommendation and Assessment Concerning the Electricity Governance Regulations 2003 – Proposed Electricity Governance Amendment Regulations 2005

This notice of a recommendation and assessment concerning the Electricity Governance Regulations 2003 (“Regulations”), proposed Electricity Governance Amendment Regulations 2005, is issued by the Electricity Commission (“Commission”), established under the Electricity Act 1992 (“Act”), pursuant to section 172E (2) (c) of that Act.

Section 172E (2) (c) provides that, no later than 10 working days after making a recommendation concerning the Regulations to the Minister of Energy, the Commission must publicise the recommendation and the assessment completed under section 172F of the Act.

Recommendation

On 23 November 2005, the Commission made a recommendation that the Regulations be amended by inserting new Regulations 53A, 53B and 53C (which relate to force majeure for ancillary service agents), and new Regulation 115A (which relates to limitation of liability for ancillary service agents).

Recommended Amendment to the Regulations

The recommended amendment to the Regulations will:

(a) limit the liability of a person who provides an ancillary service, as defined in the Rules (known as an “ancillary service agent” or “ASA”), in its capacity as an ASA, under Part G and Rule 8 of Technical Code B of Schedule C3 of Part C of the Electricity Governance Rules 2003 (“the Rules”) to:

(i) in respect of any one event or series of closely related events arising from the same cause or circumstance, the lesser of $100,000.00 or 5% of the expected annual fees for the relevant type of ancillary service; and

(ii) in respect of all events occurring in the 12 month period ending with the breach, the lesser of $300,000.00 or 20% of the expected annual fees for the relevant type of ancillary service; and

(b) relieve an ASA of its obligations to perform as an ASA under the Regulations and Rules if the ASA is unable to perform those obligations as a result of a force majeure event.

A copy of the Commission’s recommendation and assessment is available, at no cost, on the Commission’s web site:

http://www.electricitycommission.govt.nz/rulesandregs/regchanges/

Dated at Wellington this 23rd day of November 2005.

For and on behalf of the Electricity Commission:

ROY HEMMINGWAY, Chair.
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