5276 NEW ZEALAND GAZETTE, No. 207 15 DECEMBER 2005

programme to whom any payment of assistance is
made under clause 11 must notify an officer of the
department and the appropriate Family Start or Early
Start worker of the child’s absence.

(2) Nothing in subclause (1) (a) limits the applicant’s
obligations under section 80A of the Act (as applied to
this programme by clause 5 (1)).

11. Assistance usually payable to approved
    early-childhood service or early-childhood care
    arranger—(1) Assistance must be paid for each eligible
    child (as the case may be) to:

(a) the approved early-childhood service providing the
approved early-childhood programme; or

(b) the approved early-childhood care arranger that
arranged the scheme under which the approved
early-childhood programme is provided.

(2) Subclause (1) does not prevent the chief executive from
paying a lump sum of assistance directly to an applicant if:

(a) the sum represents an underpayment of the amounts:

(i) that should have been paid to the approved
early-childhood service in respect of the
eligible child’s participation in the approved
early-childhood programme it provides; or

(ii) that should have been paid to an approved
early-childhood care arranger in respect of the
eligible child’s participation in an approved
early-childhood programme provided under a
scheme it arranged; and

(b) the applicant has already paid the amount of
the underpayment to the respective approved
early-childhood service or approved early-childhood
care arranger.

12. Overpayments recoverable—If, because a child has
    ceased to be enrolled or has been absent from an approved
    early-childhood programme, assistance has been paid in
    excess of the amount the applicant was entitled to under this
    programme, the amount of the excess is recoverable from:

(a) the applicant; and

(b) to the extent it was paid to an approved
early-childhood service or early-childhood care
arranger under this programme, from that service
or arranger.

Explanatory Note

This note is not part of the programme, but is intended to
indicate its general effect.

This Ministerial welfare programme, which comes into
effect on 1 December 2005, provides childcare assistance to
enable the children of families who are enrolled in selected
Family Start or Early Start programmes and who are not
less than 18 months and not more than 36 months of age to
attend approved early-childhood programmes.

S.R. 2004/268

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Authorities and Other Agencies of State Notices

Electricity Commission

Electricity Act 1992

Notice of Decision to Recommend Making the Electricity Governance Amendment Regulations 2005 and Notice of Reasons for Decision

1. Pursuant to section 172Z (4) of the Electricity Act
   1992 (“Act”), I notify my decision to recommend that
   the Governor-General make the Electricity Governance
   Amendment Regulations 2005 and the reasons for my
   decision.

Recommended Amendment to Electricity Governance Regulations 2003

2. I decided to recommend to the Governor-General that
   the Electricity Governance Amendment Regulations 2005
   be made, as recommended by the Electricity Commission
   and without change.

3. I made this recommendation pursuant to subpart 2 of
   Part 14 of the Act and in accordance with section 172E
   of the Act.

4. The recommended amendment to the Electricity
   Governance Regulations 2003 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 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 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.\n

Reason for Decision

5. The reason for my decision is that the recommended
   amendments will facilitate the continued and efficient
   provision of ancillary services which contribute to the
   stability and effective operation of the New Zealand
   electricity market.

Dated at Wellington this 12th day of December 2005.

DAVID PARKER, Minister of Energy.

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