Information on applying for an exemption
What laws can the Authority give an exemption from?
You may apply to the Authority for an exemption from compliance with any provision of the Code. Exemptions can also be sought from the obligation to register as a participant, under section 10 of the Act, or from compliance with Part 3 of the Act, under section 90 of the Act.
Who can apply?
Any participant can apply for an exemption. The Act sets out who is a participant.
When is an exemption required?
The Authority does not generally offer advice on whether in the circumstances an exemption is required; this is something that participants identify for themselves. The Authority asks for the applicant’s reasons for making the application. This is to ensure that the Authority has a good understanding of all the practical consequences of making the exemption.
Do I need a lawyer to apply for an exemption?
Compliance with the Code involves issues about the interpretation and application of the law. Where these kinds of complexities arise, we recommend that you seek legal advice before making an application. The Authority expects that in most cases the reasons underlying an application will be practical ones. In those cases legal advice may not be necessary. If you do want to involve a lawyer you may do so in any case.
How do I apply for an exemption?
Your application should be in writing and addressed to the General Manager Legal and Compliance. Our postal and fax addresses are listed below. If you prefer you could send your application on disk in Word format or by e-mail to info@ea.govt.nz. A hard copy of your application should also be forwarded.
What is required in an application for an exemption?
The attached table sets out a format for an exemption application. We recommend that you follow the format to ensure that all the necessary information is provided and to avoid delays caused by an incomplete application.
How long does it take?
The time it takes to process an application depends on whether any difficult questions arise. You need to let us have all the information promptly and allow us sufficient time to process the application. Processing time depends on the nature of the application and the resources available within the Authority when you apply. Time also has to be allowed for publishing in the Gazette. If your application is urgent, you have to provide a timeframe within which (a) a decision is requested, and (b) any exemption granted needs to be Gazetted. You must also provide reasons for any request for urgent consideration.
What steps are involved?
- Application considered by staff
Your application is considered by Authority staff, who prepare a memorandum for Members of the Authority to consider. You may be asked to provide further information at this stage. This process is sped up when the applicant provides quality information at the time of application, and responds to queries promptly.
- Consideration by Authority Members
When the memorandum is finalised, it is put to an Authority Board or subcommittee meeting for consideration.
- Notice drafted by staff
If the application is approved, Authority staff prepare the exemption notice.
- Notification in the New Zealand Gazette
The Authority must give notice of the exemption in the Gazette, which is published each Thursday. If a notice is not ready in time to meet the midday Tuesday deadline for the Gazette, it may be possible to arrange for a supplementary Gazette to be published at your cost. A supplementary Gazette costs approximately $700 including GST. An exemption does not come into force until at least the day after it has been notified in the Gazette.
The Authority will also make the exemptions available on its website.
How do we know that an approved exemption had been gazetted?
You should check the Gazette before seeking to rely on an exemption notice.
Where can we get a copy of the notice?
Exemption notices are sold by Bennetts Bookshops and some Whitcoulls stores. Bennetts Bookshop in Wellington has all legislation and provides a mail service throughout the country. Contact them by phone 04 499 3433 or fax 04 499 3375.
The Authority also publishes extracts of the gazette notice on its website as soon as practical after it is gazetted.
Exemption Policy Note
The contents of applications for exemption are subject to the Official Information Act 1982 and the Privacy Act 1993. If a request is received under those Acts for information contained in an application, the Authority is required to consider release of the application, in whole or in part, in terms of the criteria set out in these Acts. In providing your application, please advise if you have any objection to the release of any information contained in your application, and, if you do object, the parts of your application you would wish withheld, and the grounds for withholding. In addition, information in applications will be discussed with the market operation service providers as appropriate. In providing your application, please advise if you have any objections to the release of any information contained in your application to market operation service providers and the reasons for such objections.
Related Documents
Exemption application form
exemption-application-form.doc | doc | 41 KB | Modified: 03/06/2011 9:53am
This page is related to: Code & Regulations.