✨ Commerce Act Notice
14 DECEMBER 2009 NEW ZEALAND GAZETTE, No. 185 4459
Commerce Act (Electricity Distribution Thresholds) Notice 2004 published as a Supplement to the New Zealand Gazette, 31 March 2004, No. 37, page 927.
The process for making decisions on declarations of control was set out in section 57H, which provided that the Commission must:
(a) assess large electricity lines businesses against the thresholds set under this subpart; and
(b) identify any large electricity lines business that breaches the thresholds; and
(c) determine whether or not to declare all or any of the goods or services supplied by all or any of the identified large electricity lines businesses to be controlled, taking into account the purpose of this subpart; and
(d) in respect of each identified large electricity lines business,—
(i) make a control declaration; or
(ii) publish the reasons for not making a control declaration in the *New Zealand Gazette*, on the Internet, and in any other manner (if any) that the Commission considers appropriate.Before making a declaration of control, the Commission was required under section 57I(1) to:
(a) publish its intention to make a declaration and invite interested persons to give their views on the matter; and
(b) give a reasonable opportunity to interested persons to give those views; and
(c) have regard to those views.
In August 2008, the Commission published decisions in relation to breaches of the Thresholds Notice under Part 4A of the Act. The decisions were published in the New Zealand Gazette, 4 August 2008, No. 121, page 3169, as the Commerce Act (Decision Not to Declare Control – 8 August 2001 to 31 March 2007: Electricity Distribution Businesses: Horizon Energy Distribution Limited and Westpower Limited) Notice 2008 (the 2008 Notice). This notice supersedes the 2008 Notice to correct errors (in respect of price path breaches) in the 2008 Notice, in accordance with section 13 of the Interpretation Act 1999.
- Assessment and identification of threshold breaches
The Commission has assessed Horizon Energy Distribution Limited and Westpower Limited, and their respective threshold breaches, during the assessment periods ended 31 March 2004, 31 March 2005, 31 March 2006 and 31 March 2007.
The Commission has assessed Horizon Energy Distribution Limited against its thresholds, and has identified Horizon Energy Distribution Limited as breaching the quality threshold during the assessment periods ended 31 March 2005 and 31 March 2006.
The Commission has assessed Westpower Limited against its thresholds, and has identified Westpower Limited as breaching the quality threshold during the assessment periods ended 31 March 2004, 31 March 2005, 31 March 2006 and 31 March 2007.
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NZ Gazette 2009, No 185
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Decision Not to Declare Control for Electricity Distribution Businesses
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🏭 Trade, Customs & IndustryCommerce Act, Electricity Distribution, Horizon Energy, Westpower, Regulatory Control