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Section 90 exemptions from Part 3 of the Act

Under Part 3 of the Act, the Authority considers applications for exemption from the application of the legislation which prohibits the involvement in both an electricity lines business and an electricity supply business.

The Authority will grant an exemption if it is satisfied that the proposed prohibited involvement will either promote, or will not inhibit, competition in the industry and the exemption will not permit an involvement in a distributor and a generator or retailer that may create incentives and opportunities to inhibit competition in the electricity industry.

The Authority has a standard application form for exemptions, to provide the Authority with information to inform its analysis. Once it receives an application for exemption, the Authority then commences an investigative process, including research and interviews with relevant parties.

The Part 3 of the Act exemption register contains a full list of all applications for exemption received by the Authority, along with written reasons for the Authority's decisions.

Current applications for exemption

Final decision: Mighty River Power Limited and James Miller request for exemption

The Authority has made its final decision in respect of a request for an exemption under section 90 of the Act, relating to Mr Miller's involvement in Mighty River Power Limited while a director of Auckland International Airport Limited.

Mr Miller has been granted an exemption from compliance with sections 75, 77 to 79 and 88 of the Act, and is subject to the conditions set out in the Notice of Exemption in the final decision paper.

Draft decision: Mighty River Power Limited and James Miller request for exemption

The Authority has made its draft decision in respect of a request for an exemption under section 90 of the Act, relating to Mr Miller's involvement in Mighty River Power Limited while still being a director of Auckland International Airport Limited.

The Authority seeks comments from interested parties on the draft decision, including comments on the terms and conditions proposed. The Authority requests that comments are provided no later than 5pm on Thursday 26 April 2012. Comments should be submitted to [javascript protected email address].

Further information received: Mighty River Power Limited and James Miller request for exemption

Additional information has been provided by the applicants which clarifies the nature of the exemption that is being sought. The request for exemption is being sought for the involvement under section 90(1)(a), in respect of Mr Miller's involvement in Mighty River Power Limited while still being a director of Auckland International Airport Limited. In light of this information, the Authority has extended the time period for comment from interested parties to Friday 13 March 2012. Comments should be submitted to [javascript protected email address]

Mighty River Power Limited and James Miller: request for exemption

Mighty River Power Limited and James Miller: request for exemption from Section 75, 77 - 79, and 88 of Part 3 of the Act. The Authority requests that interested parties comment on the application for exemption by Friday 30 March 2012 to marketoperations@ea.govt.nz.