2 JUNE 2005

NEW ZEALAND GAZETTE, No. 86

2049

Authorities and Other Agencies of State Notices

Commerce Commission

Electricity Industry Reform Act 1998

Notice of Temporary Exemption—Centro Properties Group

The Commerce Commission (“Commission”), pursuant to section 81 of the Electricity Industry Reform Act 1998 (“EIR Act”), temporarily exempts the following entities from the application of section 17 of the EIR Act:

• Centro NZ Shopping Centre Fund Limited;
• CPT Custodian Pty Limited;
• Centro NZ Shopping Centre Fund Sub Trust;
• CPT Manager Limited;
• Centro Property Trust;
• Centro Properties Limited;
• Centro Fund Manager (NZ) Limited;
• Centro Property Manager (NZ) Limited;
• Centro Property Management Trust;
• Centro MCS Manager Limited; and
• Centro CPL Limited.

The temporary exemption applies in respect of their potential “cross-involvements” (as that term is defined in the EIR Act) which may result from the purchase by Centro NZ Shopping Centre Fund Limited of the properties listed in the confidential version of the application for exemption, the names of which have been withheld on the basis that they are commercially sensitive.

This temporary exemption takes effect from the date of publication until:

• a permanent exemption takes effect, in the event that the Commission grants a permanent exemption; or
• three months after the date of the release of the Commission’s determination, if the Commission declines to grant a permanent exemption.

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

The temporary exemption takes effect from the date of publication of this notice in the New Zealand Gazette.

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Notice of Temporary Exemption—James Peters and Related Entities

The Commerce Commission (“Commission”), pursuant to section 81 of the Electricity Industry Reform Act 1998 (“EIR Act”), temporarily exempts the following entities from the application of section 17 of the EIR Act:

• James Matthew Peters;
• Starline Utilities Limited;
• FIDK Trustco Limited; and
• Union Nelson (Freehold) JP Trustco Limited.

The temporary exemption applies in respect of their potential “cross-involvements” (as that term is defined in the EIR Act) which may result from the purchase by FIDK Trustco Limited of the following properties comprising part of the block known as the Finance Centre situated on the corner of Albert Street and Victoria Street, Auckland:

• Lot 2: Brookfields House;
• Lot 3: Simpson Grierson House, Auckland; and
• Lot 5: comprising Durham House, John Scott House, carparks and the podium.

The temporary exemption also applies in respect of the ownership interest of Union Nelson (Freehold) JP Trustco Limited in the properties situated at 27 Union Street and 145 and 147 Nelson Street, Auckland.

This temporary exemption takes effect from the date of publication until:

• a permanent exemption takes effect, in the event that the Commission grants a permanent exemption; or

• three months after the date of the release of the Commission’s determination, if the Commission declines to grant a permanent exemption.

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

The temporary exemption takes effect from the date of publication of this notice in the New Zealand Gazette.

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Electricity Commission

Electricity Act 1992

Notice of the Grant of an Exemption # 21

This notice of the grant of an exemption is issued by the Electricity Commission (“Commission”), continued under subpart 1 of Part 15 of the Electricity Act 1992, pursuant to Regulation 194 of the Electricity Governance Regulations 2003 (“Regulations”) in favour of Alinta ENZ Limited (“Alinta”).

Notice of the Grant of an Exemption (“notice”)

Regulation 194 (2) requires that the exemption and the Commission’s reasons for granting it are notified in the New Zealand Gazette as soon as practicable after being granted.

Subject to the terms and conditions imposed upon Alinta in respect of any exemption contained within this notice, the Commission hereby notifies it grants an exemption to Alinta from the requirement to comply with the following Electricity Governance Rules 2003 (“Rules”):

• Rule 4.11 of Section III of Part G.

Terms and Conditions of the Grant of the Exemption

Pursuant to Regulation 194 (1), the Commission may, in its discretion and upon the terms and conditions (if any) that it thinks fit, exempt any participant, or class of participants, from compliance with all or any of the Rules.

In respect of the exemption contained within this notice, the Commission imposes the following terms and conditions:

• The exemption shall expire on 1 April 2006.
• The exemption relates to generation at GLN0332 only.
• Generation at GLN0332 stays within 5 MW of any dispatch instruction issued by the system operator.

The Commission notes that Regulation 196 provides that an exemption may be varied or revoked, either on application by a participant or on the initiative of the Commission.