Information on applying for an exemption - archive
What laws could the Commission give an exemption from?
You could apply to the Commission for an exemption from compliance with any provision of the Electricity Governance Rules (Rules). No exemptions could be given from compliance with the Electricity Governance Regulations.
Who could apply?
Any participant could apply for an exemption. The Electricity Governance Regulations set out who was a participant. You also had to refer to the Electricity Act 1992.
When was an exemption required?
The Commission did not generally offer advice on whether in the circumstances an exemption was required; this was something that participants identified for themselves. The Commission asked for the applicant’s reasons for making the application. This was to ensure that the Commission had a good understanding of all the practical consequences of making the exemption.
Did I need a lawyer to apply for an exemption?
Compliance with the Rules involved issues about the interpretation and application of the law. Where these kinds of complexities arose we recommended that you seek legal advice before making an application. The Commission expected that in most cases the reasons underlying an application would be practical ones. In those cases legal advice may not have been necessary. If you wanted to involve a lawyer you could do so in any case.
How did I apply for an exemption?
Your application should have been in writing and addressed to General Counsel, Electricity Commission. Our postal and fax addresses are listed below. If you preferred you could send your application on disk in Word format or by e-mail to info@electricitycommission.govt.nz. A hard copy of your application should also have been forwarded.
What was required in an application for an exemption?
A form was provided to set out a format for an exemption application. We recommended that you followed the format to ensure that all the necessary information was provided and to avoid delays caused by an incomplete application.
How long did it take?
The time it took to process an application depended on whether any difficult questions arose. You needed to let us have all the information promptly and allow us sufficient time to process the application. Processing time depended on the nature of the application and the resources available within the Commission when you applied. Time also had to be allowed for seeking comments from other participants and publishing in the Gazette. If your application was urgent you had to provide a timeframe within which (a) a decision was needed, and (b) any exemption granted needed to be Gazetted. You also needed to provide reasons for any request for urgent consideration.
What steps were involved?
- Application considered by staff
Your application was considered by Commission staff, who prepared a memorandum for Members of the Commission to consider. You may have been asked to provide further information at this stage. This process was speeded up when the applicant provided quality information at the time of application, and responded to queries promptly.
- Consideration by Commission Members
When the memorandum was finalised it was put to a Commission or subcommittee meeting for consideration.
- Notice drafted by staff
If the application was approved Commission staff prepared the exemption notice.
- Notification in the New Zealand Gazette
The Commission was required to give notice of the exemption in the Gazette, which is published each Thursday. If a notice was not ready in time to meet the midday Tuesday deadline for the Gazette, it was possible to arrange for a supplementary Gazette to be published at your cost. A supplementary Gazette costs approximately $700 including GST. In most cases an exemption did not come into force until at least the day after it had been notified in the Gazette.
The Commission will also make the exemptions available on its website. In addition, members of the public may inspect copies at the Commission’s offices during ordinary business hours.
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 could 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 Commission also published extracts of the gazette notice on its website as soon as practical after it was 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 Commission was required to consider release of the application, in whole or in part, in terms of the criteria set out in these Acts.
Related Documents
Application for exemption form
exemp-application.doc | doc | 40 KB | Modified: 08/02/2011 3:56pm
Obsolete
This page is related to: Rules and Regulations.