NEW ZEALAND GAZETTE, No. 23 3 MARCH 2011

Schedule

Specified Road

The section of State Highway 1 being those traffic lanes, shoulders, and verges commencing at a point 340 metres south of the southern abutment of Titfords Bridge (Route Position 373/9.892) and extending in a generally southerly direction through the Johnstone’s Hill twin road tunnels for approximately 10.984 kilometres to the northern side of the Silverdale Interchange Bridge (Route Position 373/20.876; Reference Station 398), including the motorway ramps and connections to and from State Highway 1, Grand Drive, and State Highway 17.

Dated at Wellington this 28th day of February 2011.

REBECCA KITTERIDGE, Clerk of the Executive Council.

Explanatory Note

This note is not part of the order, but is intended to indicate its general effect.

This order, which comes into force on 1 April 2011, declares a section of State Highway 1 near Orewa to be a motorway.

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Authorities and Other Agencies of State Notices

Commerce Commission

Telecommunications Act 2001

Notification of Review of UBA Pricing of the Standard Terms Determination for the Designated Service of Telecom’s Unbundled Bitstream Access

On 12 December 2007, the Commerce Commission (“Commission”) made a standard terms determination, under section 30M of the Telecommunications Act 2001 (“the Act”), in respect of the designated access service of Telecom’s unbundled bitstream access (UBA) (“Decision 611”).

Decision 611 has since been clarified on a number of occasions.

On 19 February 2010, the Commission commenced a review of the data transmission cost (a component of the UBA price) under section 30R of the Act.

During this inquiry, which is yet to be completed, the Commission considered that a much broader inquiry of the UBA pricing methodology was required in order to assess the submissions made by the parties as part of the data cost review.

Section 30R of the Act provides that the Commission may, on its own initiative, commence a review, at any time, of all or any of the terms specified in a standard terms determination and requires public notice of the commencement of the review.

In this notice, the Commission gives public notice that it has commenced another review of UBA pricing set out in Decision 611 (“Review”) that will include:

• how overage is treated;
• the ISP charge; and
• the avoided costs saved discount.

The Commission considers that this broader Review is not limited to the matters listed above and extends to include other UBA pricing components (or other related pricing matters) as considered necessary by the Commission for the purpose of giving effect to section 18 of the Act.

The Commission has not yet decided on a date for submissions on the Review for the purpose of section 30R(5)(c).

The Commission will give public notice of the closing date for submissions on the Review at a later date.

This Review will be conducted concurrently with the section 30R Review currently being undertaken by the Commission on the data transmission cost.

Further information about the review is available on the Commission’s website

www.comcom.govt.nz/review-of-uba-data-costs-2/

Date Further Review Launched: 3 March 2011.

COMMERCE COMMISSION.

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Electricity Authority

Electricity Industry Act 2010

Notice of the Electricity Industry Participation (Customer Compensation Schemes) Code Amendment 2011

1. Pursuant to section 38(3)(b) of the Electricity Industry Act 2010, the Electricity Authority (“Authority”) gives notice of the making of the Electricity Industry Participation (Customer Compensation Schemes) Code Amendment 2011.

2. The amendment comes into force on 1 April 2011.

3. The amendment inserts a new subpart 4 into Part 9 of the Electricity Industry Participation Code 2010 (“Code”), which requires each retailer to operate a customer compensation scheme. Under the new subpart:

   (a) each retailer must have a customer compensation scheme that complies with the default requirements, and may also have additional schemes;

   (b) a retailer’s qualifying customers are covered by the retailer’s default compensation scheme unless a qualifying customer elects to be covered by an additional compensation scheme;

   (c) each retailer must compensate its qualifying customers under its customer compensation schemes during periods when an electricity conservation campaign is in force;

   (d) the minimum weekly amount of compensation to be paid under a default scheme will be determined by the Authority; and

   (e) retailers must provide a declaration that they are complying with the requirements of subpart 4, and retailers’ compliance can be audited at the Authority’s request.