New Zealand Gazette – 2006 – No. 64

Page 1535

✨ Commerce Act Regulations



23 JUNE 2006 NEW ZEALAND GAZETTE, No. 64 1535

(c) A certificate in the form set out in Schedule 2, duly signed by two directors
of Transpower.

(2) 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.



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VUW Te Waharoa — PDF NZ Gazette 2006, No 64


Gazette.govt.nz — PDF NZ Gazette 2006, No 64




✨ LLM interpretation of page content

🏭 Commerce Act (Transpower Thresholds) Notice 2006 (continued from previous page)

🏭 Trade, Customs & Industry
23 June 2006
Commerce Act, Transpower, Thresholds, Notice, Electricity, Definitions, Pricing, Public Disclosure, Rates, Reference Date, Unplanned Interruptions, Customer Interruptions, Customer Communication