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How to allege a breach

Under section 6 of the Electricity Industry Act, a ‘breach’ has an extended definition.

It includes an actual breach of a provision in the Act, the regulations under the Act or the Code, and an attempt to breach a provision.

Mandatory reporting of breaches

Regulations 7 and 8 of the Electricity Industry (Enforcement) Regulations require mandatory reporting of alleged breaches.

Under regulation 7 of the Electricity Industry (Enforcement) Regulations, a participant who believes on reasonable grounds that it or another industry participant has breached a provision of Part 7, 8, 9, or 13 of the Code that is about common quality or security, or any related provision in Part 17 of the Code, the industry participant must report the alleged breach as soon as practicable after becoming aware of it.

Under regulation 8 of the Electricity Industry (Enforcement) Regulations, a participant who believes on reasonable grounds that another participant has breached the Code must report the breach or possible breach to the Authority as soon as possible.

Participants can report alleged breaches via the Compliance database or by e-mail.

Voluntary reporting of breaches

Regulation 9 of the Electricity Industry (Enforcement) Regulations provides that any person other than a participant who believes on reasonable grounds that a participant has breached the Code may report the alleged breach to the Authority.

Any such person can report the alleged breach by e-mail.

All reports (mandatory or voluntary) must specify:

• the participant alleged to have breached the Code; and
• the provision of the Code allegedly breached; and
• the circumstances relating to the alleged breach; and
• the date and time the alleged breach occurred.

Reporting breaches via the Compliance database

Participants can report breaches via the Compliance database at: http://compliance.ea.govt.nz.

To do so, participants need to request login details and the participant’s database manual by sending an e-mail to compliance@ea.govt.nz with “Compliance Database Login” in the subject line.

Reporting breaches by e-mail

To report breaches by e-mail, please complete the form below and send to the Authority at: compliance@ea.govt.nz.

This page is related to: Code & Regulations.

Back to top Last updated on 2 November 2011