New Zealand Gazette – 2006 – No. 64

Page 1534

✨ Commerce Act Notices

1534 NEW ZEALAND GAZETTE, No. 64 23 JUNE 2006

business, then subclause (1)(a) and (b) will apply as if the transfer occurred on
30 June 1998.

(3) Despite the other provisions of this clause 6, if the Commission is satisfied that,
because of lack of information, it is not practicable to determine whether
Transpower has complied with subclauses (1) and (2), Transpower will be
regarded as having complied with the quality threshold if it demonstrates beyond
reasonable doubt, by use of an alternative approach that has equivalent effect to
those subclauses, that the substance of those subclauses has been complied with.

7 Information Requirements

(1) The Commission hereby requires Transpower to publicly disclose and publish on
the Internet, within 35 working days of the assessment date, the following
statement and documents:

(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 (including each charge or rate referred to in
paragraph (a)(i) to (iv) of the definition of price stated separately for

each customer and point of connection), base quantities (including the
base quantity corresponding to each such separate charge or rate),
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;

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