New Zealand Gazette – 2007 – No. 75

Page 1920

✨ Commerce Act (Transpower Thresholds) Notice 2007



NEW ZEALAND GAZETTE, No. 75

29 JUNE 2007

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:

(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—



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VUW Te Waharoa — PDF NZ Gazette 2007, No 75


Gazette.govt.nz — PDF NZ Gazette 2007, No 75




✨ LLM interpretation of page content

🏭 Commerce Act (Transpower Thresholds) Notice 2007 (continued from previous page)

🏭 Trade, Customs & Industry
Commerce Act, Transpower, Thresholds, Notice, 2007, Definitions, Electricity Industry