✨ Commerce Act Notices
1 APRIL 2011 NEW ZEALAND GAZETTE, No. 42 1015
(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Before making a declaration of control, the Commission was required under section 57I(1) of Part 4A (repealed) as applied by section 54N, to: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.
Identification of threshold breaches
The Commission identified 12 non-exempt suppliers of electricity lines services (Non-exempt EDBs), shown in Table 1, as having breached the default price-quality path at the 2009/10 assessment date.
Table 1: Breaches of the default price-quality path at the 31 March 2010 assessment date
| Non-exempt EDBs | 2009/10 Price | 2009/10 Quality |
|---|---|---|
| Alpine Energy Limited | Breach | |
| Centralines Limited | Breach | |
| Eastland Network Limited | Breach | |
| Horizon Energy Distribution Limited | Breach | Breach |
| Nelson Electricity Limited | Breach | Breach |
| Network Tasman Limited | Breach | |
| Orion New Zealand Limited | Breach | |
| OtagoNet Joint Venture | Breach | Breach |
| Powerco Limited | Breach | |
| The Lines Company Limited | Breach | |
| Top Energy Limited | Breach | |
| Wellington Electricity Lines Limited | Breach | Breach |
Decisions Not to Declare Control
The Commission has determined that it is consistent with section 52A of the Act not to publish a notice of intention to declare control under Part 4 in respect of electricity distribution services supplied by those non-exempt EDBs contained in Table 1.
A summary of the reasons is as follows:
The breach was sufficiently minor
-
Network Tasman Limited breached the quality standards by less than 1% and Wellington Electricity Lines Limited breached the price path by less than 1%.
-
The Commission considers the respective breaches to be minor and accordingly, has decided that no further action would be taken with regards to either breach during the 2009/10 assessment period.
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