✨ Commerce Act Electricity Distribution
14 DECEMBER 2009 NEW ZEALAND GAZETTE, No. 186 4463
Under section 57G(1)(b) of the Act, the Commission was required set thresholds for the declaration of control in relation to lines businesses.
On 6 June 2003, after consulting with interested parties as to possible thresholds, the Commission set two thresholds—a CPI-X price path threshold and a quality threshold—applicable until 31 March 2004 for distribution businesses. These initial thresholds were set by the Commerce Act (Electricity Lines Thresholds) Notice 2003 published as a Supplement to the New Zealand Gazette, 6 June 2003, No. 62, page 1685.
The Commission reset the thresholds for all distribution businesses for a five-year regulatory period from 1 April 2004. These reset thresholds were set by the Commerce Act (Electricity Distribution Thresholds) Notice 2004 (the Thresholds Notice) 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 of the Act, 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 57K(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 September 2008, the Commission published its decisions in relation to breaches of the Thresholds Notice under Part 4A of the Act. The decisions were published in the New Zealand Gazette, 29 September 2008, No. 146, page 3965, as the Commerce Act (Decision Not to Declare Control: Electricity Distribution Businesses) Notice 2008 (2nd) (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 the 11 distribution businesses, and their respective threshold breaches, contained in Table 1 and Table 2, during the assessment period ended 31 March 2007.
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NZ Gazette 2009, No 186
✨ LLM interpretation of page content
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Decision not to declare control under the Commerce Act
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🏭 Trade, Customs & IndustryCommerce Act, Control Declaration, Electricity Distribution Businesses, Thresholds, CPI-X Price Path, Quality Threshold