New Zealand Gazette – 2005 – No. 98

Page 2287

✨ Commerce Act Regulations



29 JUNE 2005
(2)

NEW ZEALAND GAZETTE, No. 98

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—

but the threshold compliance statement and auditor’s report need not state whether the Commission is satisfied as to the matters referred to in paragraph (a).

(3) Under (and without limiting) section 57U of the Act, Transpower is—

(a) required to supply to the Commission, under subsection (1)(a) of that section, a copy of each statement and document disclosed under subclause (1); and

(b) requested to supply to the Commission, under subsection (1)(b) of that section, the auditor’s report referred to in subclause (1)(b)—

within 5 working days after the statement is first so disclosed.

(4) Transpower need not include in a statement under subclause (1) any information that it considers is commercially sensitive if—

(a) it has given the information concerned to the Commission and advised the Commission in writing of the reasons for the exclusion; and

(b) that information is covered by the auditor’s report required under subclause (1)(b) and the certificate required under subclause (1)(c); and

(c) the Commission has not objected to the exclusion of the information.

(5) An auditor’s report given for the purposes of subclause (1)(b) may be qualified only if—

(a) the auditor considers that the threshold compliance statement concerned—



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Online Sources for this page:

VUW Te Waharoa — PDF NZ Gazette 2005, No 98


Gazette.govt.nz — PDF NZ Gazette 2005, No 98




✨ LLM interpretation of page content

🏭 Commerce Act (Transpower Thresholds) Notice 2005 (continued from previous page)

🏭 Trade, Customs & Industry
Commerce Act, Transpower, Thresholds, Regulation, Compliance, Reporting