Electricity Industry Participation Code 2010
Schedule 6.2
35 5 October 2017
Schedule 6.2 cl 6.6
Regulated terms for distributed generation
Heading: amended, on 23 February 2015, by clause 49 of the Electricity Industry Participation Code Amendment
(Distributed Generation) 2014.
Contents
General
1
Contents of this Schedule
2
Interpretation
3
General obligations
Meters
4
Installation of meters and access to metering information
Access
5
Right of distributor to access distributed generator’s premises
6
Process if distributor wants to access distributed generator’s premises
7
Distributor must not interfere with distributed generator’s equipment
8
Distributed generator must not interfere with, and must protect, distributor’s
equipment
9
Obligation to advise if interference with distributor’s equipment or theft of
electricity is discovered
Interruptions and disconnections
10
General obligations relating to interruptions
11
Circumstances allowing distributor to temporarily electrically disconnect distributed
generation
12
Obligations if distributed generation temporarily electrically disconnected by
distributor
13
Adverse operating effects
14
Interruptions by distributed generator
15
Disconnecting distributed generation
Time frame for construction
15A
Distributed generator must construct distributed generation within 18 months of
approval
Confidentiality
16
General obligations relating to confidentiality
17
When confidential information can be disclosed
18
Disclosures by employees, agents, etc
Pricing
19
Pricing principles
Liability
20
General obligations relating to liability
21
Exceptions to general obligations relating to liability
22
Limits on liability
23
Liability clauses do not apply to fraud, wilful breach, and breach of confidentiality
24
[Revoked]
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Schedule 6.2
36 5 October 2017
25
Force majeure
General
1 Contents of this Schedule
This Schedule sets out the regulated terms that apply to a distributor and a
distributed generator in respect of distributed generation that is connected in
accordance with clause 6.6 of Part 6 of this Code and Schedule 6.1.
Compare: SR 2007/219 clause 1 Schedule 2
Clause 1: amended, on 23 February 2015, by clauses 50 and 75 of the Electricity Industry Participation Code
Amendment (Distributed Generation) 2014.
Clause 1: amended, on 5 October 2017, by clause 61 of the Electricity Industry Participation Code Amendment (Code
Review Programme) 2017.
2 Interpretation
These regulated terms must be interpreted
(a) in light of the purpose of Part 6 of this Code; and
(b) so as to give business efficacy to the relationship between the distributor and the
distributed generator created by Part 6 of this Code.
Compare: SR 2007/219 clause 2 Schedule 2
3 General obligations
(1) The distributor and the distributed generator must perform all obligations under
these regulated terms in accordance with connection and operation standards
(where applicable).
(2) The distributor and the distributed generator must each construct, connect, operate,
test, and maintain their respective equipment in accordance with
(a) these regulated terms; and
(b) connection and operation standards (where applicable); and
(c) this Code.
(3) The distributed generator must, subject to subclause (2), construct, connect, operate,
test, and maintain its distributed generation in accordance with
(a) reasonable and prudent operating practice; and
(b) the applicable manufacturer's instructions and recommendations.
(4) The distributor and distributed generator must each be fully responsible for the
respective facilities they own or operate.
(5) The distributor and distributed generator must each ensure that their respective
facilities adequately protect each other's equipment, personnel, and other persons and
their property, from damage and injury.
(6) The distributed generator must comply with any conditions specified by the
distributor under clause 18 of Schedule 6.1 (or, to the extent that those conditions were
the subject of a dispute under clause 20(3) of that Schedule, or of negotiation during the
period for negotiation of the connection contract, the conditions or other measures as
finally resolved or negotiated).
Compare: SR 2007/219 clause 3 Schedule 2
Clause 3(1): amended, on 23 February 2015, by clause 51(1) of the Electricity Industry Participation Code
Amendment (Distributed Generation) 2014.
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Schedule 6.2
37 5 October 2017
Clause 3(2) and (3): amended, on 5 October 2017, by clause 62(1) of the Electricity Industry Participation Code
Amendment (Code Review Programme) 2017.
Clause 3(6): amended, on 23 February 2015, by clauses 51(2) and 75 of the Electricity Industry Participation Code
Amendment (Distributed Generation) 2014.
Clause 3(6): amended, on 5 October 2017, by clause 62(2) of the Electricity Industry Participation Code Amendment
(Code Review Programme) 2017.
Meters
4 Installation of meters and access to metering information
(1) [Revoked]
(2) The distributed generator must give the distributor, at the distributor's request, the
interval data and cumulative data recorded by the metering installations at the point of
connection at which the distributed generation is connected or is proposed to be
connected.
(3) The distributed generator must provide reactive metering if
(a) the meter for the distributed generation is part of a category 2 metering
installation, or a higher category of metering installation; and
(b) the distributed generator is required to do so by the distributor.
(4) The distributor's requirements in respect of metering measurement and accuracy must
be the same as set out in Part 10 of this Code.
Compare: SR 2007/219 clause 4 Schedule 2
Clause 4(1): revoked, on 23 February 2015, by clause 52(1) of the Electricity Industry Participation Code
Amendment (Distributed Generation) 2014.Clause 4(2): amended, on 5 October 2017, by clause 63 of the Electricity
Industry Participation Code Amendment (Code Review Programme) 2017.
Clause 4(3): substituted, on 1 December 2011, by clause 5 of the Electricity Industry Participation Code (Distributor
Use-of-System Agreements and Distributor Tariffs) Amendment 2011.
Clause 4(2) to (4): substituted, on 23 February 2015, by clause 52(2) of the Electricity Industry Participation Code
Amendment (Distributed Generation) 2014.
Access
5 Right of distributor to access distributed generator's premises
(1) The distributed generator must provide the distributor, or a person appointed by the
distributor, with safe and unobstructed access onto the distributed generator's
premises at all reasonable times
(a) for the purpose of installing, testing, inspecting, maintaining, repairing, replacing,
operating, reading, or removing any of the distributor's equipment and for any
other purpose related to these regulated terms; and
(b) for the purpose of verifying metering information; and
(c) for the purpose of ascertaining the cause of any interference to the quality of
delivery services being provided by the distributor to the distributed generator;
and
(d) for the purpose of protecting, or preventing danger or damage to, persons or
property; and
(e) for the purposes of electrically connecting or electrically disconnecting the
distributed generation; and
(f) for any other purpose relevant to either or both of—
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Schedule 6.2
38 5 October 2017
(i) the distributor connecting distributed generation in accordance with
connection and operation standards; and
(ii) maintaining the integrity of the distribution network.
(2) The rights of access conferred by these regulated terms are in addition to any right of
access the distributor may have under a statute or regulation or contract.
Compare: SR 2007/219 clause 5 Schedule 2
Clause 5(1)(e): amended, on 5 October 2017, by clause 64(1) of the Electricity Industry Participation Code
Amendment (Code Review Programme) 2017.
Clause 5(1)(f)(i): amended, on 23 February 2015, by clause 75 of the Electricity Industry Participation Code
Amendment (Distributed Generation) 2014.
Clause 5(1)(f)(i): amended, on 5 October 2017, by clause 64(2) of the Electricity Industry Participation Code
Amendment (Code Review Programme) 2017.
6 Process if distributor wants to access distributed generator's premises
(1) The distributor must exercise its right of access under clause 5 by,
(a) wherever practicable, giving to the distributed generator reasonable notice of its
intention and of the purpose for which it will exercise its right of access; and
(b) causing as little inconvenience as practicable to the distributed generator in
carrying out its work; and
(c) observing reasonable and prudent operating practice at all times; and
(d) observing any reasonable security or site safety requirements that are made known
to the distributor by the distributed generator.
(2) However, the distributor may take all reasonable steps to gain immediate access where
it reasonably believes there is immediate danger to persons or property.
Compare: SR 2007/219 clause 6 Schedule 2
7 Distributor must not interfere with distributed generator's equipment
(1) The distributor must not interfere with the distributed generator's equipment without
the prior written consent of the distributed generator.
(2) However, if emergency action has to be taken to protect the health and safety of
persons, or to prevent damage to property, the distributor
(a) may interfere with the distributed generator's equipment without prior written
consent; and
(b) must, as soon as practicable, inform the distributed generator of the occurrence
and circumstances involved.
Compare: SR 2007/219 clause 7 Schedule 2
8 Distributed generator must not interfere with, and must protect, distributor's
equipment
(1) The distributed generator must not interfere with the distributor's equipment without
the prior written consent of the distributor.
(2) However, if emergency action has to be taken to protect the health and safety of
persons, or to prevent damage to property, the distributed generator
(a) may interfere with the distributor's equipment without prior written consent; and
(b) must, as soon as practicable, inform the distributor of the occurrence and
circumstances involved.
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39 5 October 2017
(3) The distributed generator must protect the distributor's equipment against
interference and damage.
Compare: SR 2007/219 clause 8 Schedule 2
Clause 8(1): amended, on 23 February 2015, by clause 53 of the Electricity Industry Participation Code Amendment
(Distributed Generation) 2014.
9 Obligation to advise if interference with distributor's equipment or theft of
electricity is discovered
(1) If the distributor or the distributed generator discovers evidence of interference with
the distributor's equipment, or evidence of theft of electricity, the party discovering
the interference or evidence must advise the other party within 24 hours.
(2) If interference with the distributor's equipment at the distributed generator's
installation is suspected, the distributor may itself carry out an investigation and
present the findings to the distributed generator within a reasonable period.
(3) The cost of the investigation—
(a) must be borne by the distributed generator if it is discovered that interference by
the distributed generator, or by its subcontractors, agents, or invitees, has
occurred, or if the interference has been by a third party, and the distributed
generator has failed to provide reasonable protection against interference to the
distributor's equipment; and
(b) must be borne by the distributor in any other case.
Compare: SR 2007/219 clause 9 Schedule 2
Heading: amended, on 23 February 2015, by clause 54(1) of the Electricity Industry Participation Code Amendment
(Distributed Generation) 2014.
Clause 9(1): amended, on 23 February 2015, by clause 54(2) of the Electricity Industry Participation Code
Amendment (Distributed Generation) 2014.
Interruptions and disconnections
10 General obligation relating to interruptions
The distributor must make reasonable endeavours to ensure that the connection of the
distributed generation is not interrupted.
Compare: SR 2007/219 clause 10 Schedule 2
Clause 10: amended, on 23 February 2015, by clause 75 of the Electricity Industry Participation Code Amendment
(Distributed Generation) 2014.
Clause 10: amended, on 5 October 2017, by clause 65 of the Electricity Industry Participation Code Amendment
(Code Review Programme) 2017.
11 Circumstances allowing distributor to temporarily electrically disconnect
distributed generation
Despite clause 10, the distributor may interrupt the connection service, or curtail either
the operation or output of the generation, or both, and may temporarily electrically
disconnect the distributed generation in any of the following cases:
(a) in accordance with the distributor's congestion management policy:
(b) if reasonably necessary for planned maintenance, construction, and repairs on
the distribution network:
(c) for the purpose of protecting, or preventing danger or damage to, persons or
property:
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40 5 October 2017
(d) if the distributed generator fails to allow the distributor access as required by
clause 5:
(e) [Revoked]
(f) in accordance with clause 13 (adverse operating effects):
(g) if the distributed generator fails to comply with the distributor’s
(i) connection and operation standards; or
(ii) safety requirements.
Compare: SR 2007/219 clause 11 Schedule 2
Heading: amended, on 5 October 2017, by clause 66(1) of the Electricity Industry Participation Code Amendment
(Code Review Programme) 2017.
Clause 11: amended, on 23 February 2015, by clauses 55(1) and 75 of the Electricity Industry Participation Code
Amendment (Distributed Generation) 2014.
Clause 11: amended, on 5 October 2017, by clause 66(2) of the Electricity Industry Participation Code Amendment
(Code Review Programme) 2017.
Clause 11(e): revoked, on 23 February 2015, by clause 55(2) of the Electricity Industry Participation Code
Amendment (Distributed Generation) 2014.
Clause 11(g): inserted, on 23 February 2015, by clause 55(3) of the Electricity Industry Participation Code
Amendment (Distributed Generation) 2014.
12 Obligations if distributed generation temporarily electrically disconnected by
distributor
(1) The distributor must make reasonable endeavours to
(a) advise the distributed generator before an interruption under clause 11; and
(b) co-ordinate with the distributed generator to minimise the impact of the
interruption.
(2) The distributor and the distributed generator must co-operate to restore the
distribution network and the distributed generation to a normal operating state as
soon as is reasonably practicable following the distributed generation being
temporarily electrically disconnected.
(3) In the case of a forced outage, the distributor must, subject to the need to restore the
distribution network, make reasonable endeavours to
(a) restore service to the distributed generator; and
(b) advise the distributed generator of the expected duration of the outage.
Compare: SR 2007/219 clause 12 Schedule 2
Heading: amended, on 5 October 2017, by clause 67(1) of the Electricity Industry Participation Code Amendment
(Code Review Programme) 2017.
Clause 12(1)(a): amended, on 23 February 2015, by clause 56(1) of the Electricity Industry Participation Code
Amendment (Distributed Generation) 2014.
Clause 12(2): amended, on 5 October 2017, by clause 67(2) of the Electricity Industry Participation Code
Amendment (Code Review Programme) 2017.
Clause 12(3): amended, on 23 February 2015, by clause 56(2) of the Electricity Industry Participation Code
Amendment (Distributed Generation) 2014.
13 Adverse operating effects
(1) The distributor must advise the distributed generator as soon as is reasonably
practicable if it reasonably considers that operation of the distributed generation
may
(a) adversely affect the service provided to other distribution network customers; or
(b) cause damage to the distribution network or other facilities; or
(c) present a hazard to a person.
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41 5 October 2017
(2) If, after receiving that advice, the distributed generator fails to remedy the adverse
operating effect within a reasonable time, the distributor may electrically disconnect
the distributed generation by giving reasonable notice (or without notice when
reasonably necessary in the event of an emergency or hazardous situation).
Compare: SR 2007/219 clause 13 Schedule 2
Clause 13(1): amended, on 23 February 2015, by clause 57(1) of the Electricity Industry Participation Code
Amendment (Distributed Generation) 2014.
Clause 13(2): amended, on 23 February 2015, by clause 57(2) of the Electricity Industry Participation Code
Amendment (Distributed Generation) 2014.
Clause 13(2): amended, on 5 October 2017, by clause 68 of the Electricity Industry Participation Code Amendment
(Code Review Programme) 2017.
14 Interruptions by distributed generator
(1) This clause applies to any connected distributed generation above 10 kW in total.
(2) The distributed generator must advise the distributor of any planned outages and
must make reasonable endeavours to advise the distributor of an event that affects
distribution network operations.
(3) The distributed generator must make reasonable endeavours to advise the distributor
of the interruption and to co-ordinate with the distributor to minimise the impact of the
interruption.
Compare: SR 2007/219 clause 14 Schedule 2
Clause 14: amended, on 23 February 2015, by clauses 58 and 75 of the Electricity Industry Participation Code
Amendment (Distributed Generation) 2014.
Clause 14(1): amended, on 5 October 2017, by clause 69 of the Electricity Industry Participation Code Amendment
(Code Review Programme) 2017.
15 Disconnecting distributed generation
(1) Despite clause 10, the distributor may disconnect distributed generation in the
following circumstances:
(a) on receipt of a request from a distributed generator:
(b) without notice, if a distributed generator has been temporarily electrically
disconnected under clause 11(g) and—
(i) the distributed generator fails to remedy the non-compliance within a
reasonable period of time; and
(ii) there is an ongoing risk to persons or property:
(c) without notice, if the trader that is recorded in the registry as being responsible
for the ICP to which the distributed generation is connected to the distribution
network has electrically disconnected the ICP and updated the ICP's status in
the registry to"inactive" with the reason of "electrically disconnected ready for
decommissioning":
(d) on at least 10 business days' notice of intention to disconnect, if
(i) the distributed generator has not injected electricity into the distribution
network at any time in the preceding 12 months; and
(ii) the distributed generator has not given written notice to the distributor of
the reasons for the non-injection; and
(iii) the distributor has reasonable grounds for believing that the distributed
generator has ceased to operate the distributed generation.
(2) [Revoked]
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42 5 October 2017
(3) If a distributor disconnects distributed generation under subclause (1) and the point
of connection is to be decommissioned, the distributor must—
(a) remove all electrical conductors between the distributed generation and the
distributor's lines:
(b) advise the distributed generator within 2 business days of the completion of the
work referred to in paragraph (a).
(4) [Revoked]
(5) [Revoked]
Compare: SR 2007/219 clause 15 Schedule 2
Heading: replaced, on 5 October 2017, by clause 70(1) of the Electricity Industry Participation Code Amendment
(Code Review Programme) 2017.
Clause 15(1): amended, on 5 October 2017, by clause 70(2) of the Electricity Industry Participation Code
Amendment (Code Review Programme) 2017.
Clause 15(1)(b): amended, on 5 October 2017, by clause 70(3) of the Electricity Industry Participation Code
Amendment (Code Review Programme) 2017.
Clause 15(1)(b) and (c): substituted, on 23 February 2015, by clause 59(1) of the Electricity Industry Participation
Code Amendment (Distributed Generation) 2014.
Clause 15(1)(c): amended, on 5 October 2017, by clause 70(4) of the Electricity Industry Participation Code
Amendment (Code Review Programme) 2017.
Clause 15(1)(d)(i): amended, on 23 February 2015, by clause 59(2) of the Electricity Industry Participation Code
Amendment (Distributed Generation) 2014.
Clause 15(1)(d)(ii): replaced, on 5 October 2017, by clause 70(5) of the Electricity Industry Participation Code
Amendment (Code Review Programme) 2017.
Clause 15(2): revoked, on 23 February 2015, by clause 59(3) of the Electricity Industry Participation Code
Amendment (Distributed Generation) 2014.
Clause 15(3): amended, on 23 February 2015, by clause 59(4) of the Electricity Industry Participation Code
Amendment (Distributed Generation) 2014.
Clause 15(3): replaced, on 5 October 2017, by clause 70(6) of the Electricity Industry Participation Code Amendment
(Code Review Programme) 2017.
Clause 15(4) and (5): revoked, on 23 February 2015, by clause 59(5) of the Electricity Industry Participation Code
Amendment (Distributed Generation) 2014.
Time frame for construction
15A Distributed generator must construct distributed generation within 18 months of
approval
(1) This clause applies if the distributor approves the distributed generator's application
to connect distributed generation under Part 1, Part 1A, or Part 2 of Schedule 6.1.
(2) The regulated terms cease to apply if the distributed generator does not construct
the distributed generation within
(a) 18 months from the date on which approval was granted; or
(b) such later date as is agreed by the distributor and distributed generator.
(3) The distributed generator must reapply under Schedule 6.1 if—
(a) the regulated terms no longer apply in accordance with subclause (1); and
(b) the distributed generator wishes to connect distributed generation to the
distributor's distribution network.
Cross heading and clause 15A: inserted, on 23 February 2015, by clause 60 of the Electricity Industry Participation
Code Amendment (Distributed Generation) 2014.
Clause 15A: amended, on 5 October 2017, by clause 71 of the Electricity Industry Participation Code Amendment
(Code Review Programme) 2017.
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43 5 October 2017
Confidentiality
16 General obligations relating to confidentiality
(1) Each party must preserve the confidentiality of confidential information, and must not
directly or indirectly reveal, report, publish, transfer, or disclose the existence of any
confidential information, except as permitted in subclause (2).
(2) Each party must only use confidential information for the purposes expressly
permitted by these regulated terms.
Compare: SR 2007/219 clause 17 Schedule 2
17 When confidential information can be disclosed
Either party may disclose confidential information in any of the following
circumstances:
(a) if the distributed generator and distributor agree in writing to the disclosure of
information:
(b) if disclosure is expressly provided for under these regulated terms:
(c) if, at the time of receipt by the party, the confidential information is in the public
domain or if, after the time of receipt by either party, the confidential
information enters the public domain (except where it does so as a result of a
breach by either party of its obligations under this clause or a breach by any other
person of that person's obligation of confidence):
(d) if either party is required to disclose confidential information by
(i) a statutory or regulatory obligation, body, or authority; or
(ii) a judicial or arbitration process; or
(iii) the regulations of a stock exchange upon which the share capital of either
party is from time to time listed or dealt in; or
(iv) this Code:
(e) if the confidential information is released to the officers, employees, directors,
agents, or advisors of the party, provided that—
(i) the information is disseminated only on a need-to-know basis; and
(ii) recipients of the confidential information have been made fully aware of
the party's obligations of confidence in relation to the information; and
(iii) any copies of the information clearly identify it as confidential
information:
(f) if the confidential information is released to a bona fide potential purchaser of
the business or any part of the business of a party, subject to that bona fide
potential purchaser having signed a confidentiality agreement enforceable by the
other party in a form approved by that other party, and that approval may not be
unreasonably withheld.
Compare: SR 2007/219 clause 18 Schedule 2
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44 5 October 2017
18 Disclosures by employees, agents, etc
To avoid doubt, a party is responsible for any unauthorised disclosure of confidential
information made by that party's officers, employees, directors, agents, or advisors.
Compare: SR 2007/219 clause 19 Schedule 2
Pricing
19 Pricing principles
Charges that are payable by the distributed generator or the distributor must be
determined in accordance with the pricing principles set out in Schedule 6.4.
Compare: SR 2007/219 clause 20 Schedule 2
Clause 19: amended, on 23 February 2015, by clause 61 of the Electricity Industry Participation Code Amendment
(Distributed Generation) 2014.
Liability
20 General obligations relating to liability
(1) If the distributor or the distributed generator breaches any of the regulated terms
(whether by act or omission), that party is liable to the other.
(2) The distributed generator's and the distributor's liability to each other is limited to
damages for any direct loss caused by that breach.
(3) This clause and clauses 21 to 25 do not limit the liability of either party to pay all
charges and other amounts due under Part 6 of this Code or the regulated terms.
Compare: SR 2007/219 clause 21 Schedule 2
Clause 20(1) and (3): amended, on 23 February 2015, by clause 62 of the Electricity Industry Participation Code
Amendment (Distributed Generation) 2014.
21 Exceptions to obligations relating to liability
(1) Neither the distributor nor the distributed generator, nor any of its officers,
employees, directors, agents, or advisors, are in any circumstances liable to the other
party for
(a) any indirect loss, consequential loss (including, but not limited to, incidental or
special damages), loss of profit, loss of revenue (except any liability under clause
20(3)), loss of use, loss of opportunity, loss of contract, or loss of goodwill; or
(b) any loss resulting from the liability of the other party to another person; or
(c) any loss or damage incurred by the other party if, and to the extent that, this
results from any breach of the regulated terms or any negligent action.
(2) The distributor is not liable, except to the extent caused or contributed to by the
distributor in circumstances where the distributor was not acting in accordance with
Part 6 of this Code (including these regulated terms), for
(a) any momentary fluctuations in the voltage or frequency of electricity conveyed to
or from the distributed generation's point of connection or nonconformity with
harmonic voltage and current levels; or
(b) any failure to convey electricity to the extent that
(i) the failure arises from any act or omission of the distributed generator or
other person, excluding the distributor and its officers, employees,
directors, agents, or advisors; or
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45 5 October 2017
(ii) the failure arises from a reduced injection of electricity into the
distribution network; or
(iia) the failure arises from an interruption in the conveyance of electricity in the
distribution network, if the interruption was at the request of the system
operator or under a nationally or regionally co-ordinated response to an
electricity shortage; or
(iii) the failure arises from any defect or abnormal conditions in or about the
distributed generator's premises; or
(iv) the distributor was taking any action in accordance with Part 6 of this Code
or the regulated terms; or
(v) the distributor was prevented from making necessary repairs (for example,
by police at an accident scene).
(3) The distributed generator is not liable for
(a) a failure to perform an obligation under these regulated terms caused by the
distributor's failure to comply with the obligation; or
(b) a failure to perform an obligation under these regulated terms arising from any
defect or abnormal conditions in the distribution network.
Compare: SR 2007/219 clause 22 Schedule 2
Clause 21(1): amended, on 23 February 2015, by clause 63(1) of the Electricity Industry Participation Code
Amendment (Distributed Generation) 2014.
Clause 21(2)(b)(ii): substituted, on 23 February 2015, by clause 63(2) of the Electricity Industry Participation Code
Amendment (Distributed Generation) 2014.
Clause 21(2)(b)(iia): inserted, on 23 February 2015, by clause 63(3) of the Electricity Industry Participation Code
Amendment (Distributed Generation) 2014.
22 Limits on liability
The maximum total liability of each party, as a result of a breach of the regulated
terms, must not in any circumstances exceed, in respect of a single event or series of
events arising from the same event or circumstance, the lesser of
(a) the direct damage suffered or the maximum total liability that the party bringing
the claim against the other party has at the time that the event (or, in the case of a
series of related events, the first of such events) giving rise to the liability
occurred; or
(b) $1,000 per kW of nameplate capacity up to a maximum of $5 million.
Compare: SR 2007/219 clause 23 Schedule 2
Clause 22(b): amended, on 23 February 2015, by clause 64 of the Electricity Industry Participation Code Amendment
(Distributed Generation) 2014.
23 Liability clauses do not apply to fraud, wilful breach, and breach of confidentiality
The exceptions in clause 21, and the limits on liability in clause 22, do not apply—
(a) if the distributor or the distributed generator, or any of its officers, employees,
directors, agents, or advisors, has acted fraudulently or wilfully in breach of these
regulated terms; or
(b) to a breach of confidentiality under clause 16 by either party.
Compare: SR 2007/219 clause 24 Schedule 2
Clause 23(a): amended, on 23 February 2015, by clause 65 of the Electricity Industry Participation Code Amendment
(Distributed Generation) 2014.
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46 5 October 2017
24 [Revoked]
Compare: SR 2007/219 clause 25 Schedule 2
Clause 24: revoked, on 23 February 2015, by clause 66 of the Electricity Industry Participation Code Amendment
(Distributed Generation) 2014.
25 Force majeure
(1) A failure by either party to comply with or observe any provisions of these regulated
terms (other than payment of any amount due) does not give rise to any cause of action
or liability based on default of the provision if—
(a) the failure is caused by
(i) an event or circumstance occasioned by, or in consequence of, an act of
God, being an event or circumstance—
(A) due to natural causes, directly or indirectly and exclusively without
human intervention; and
(B) that could not reasonably have been foreseen or, if foreseen, could not
reasonably have been resisted; or
(ii) a strike, lockout, other industrial disturbance, act of public enemy, war,
blockade, insurrection, riot, epidemic, aircraft, or civil disturbance; or
(iii) the binding order or requirement of a Court, government, local authority,
the Rulings Panel, or the Authority, and the failure is not within the
reasonable control of the affected party; or
(iv) the partial or entire failure of the injection of electricity into the
distribution network; or
(v) any other event or circumstance beyond the control of the party invoking
this clause; and
(b) the party could not have prevented such failure by the exercise of the degree of
skill, diligence, prudence, and foresight that would reasonably and ordinarily be
expected from a skilled and experienced distributor or distributed generator
engaged in the same type of undertaking under the same or similar circumstances
in New Zealand at the time.
(2) If a party becomes aware of a prospect of a forthcoming force majeure event, it must
advise the other party as soon as is reasonably practicable of the particulars of which it
is aware.
(3) If a party invokes this clause, it must as soon as is reasonably practicable advise the
other party that it is invoking this clause and of the full particulars of the force majeure
event relied on.
(4) The party invoking this clause must—
(a) use all reasonable endeavours to overcome or avoid the force majeure event; and
(b) use all reasonable endeavours to mitigate the effects or the consequences of the
force majeure event; and
(c) consult with the other party on the performance of the obligations referred to in
paragraphs (a) and (b).
(5) Nothing in subclause (4) requires a party to settle a strike, lockout, or other industrial
disturbance by acceding, against its judgement, to the demands of opposing parties.
Compare: SR 2007/219 clause 26 Schedule 2
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47 5 October 2017
Clause 25(1)(a)(iv): substituted, on 23 February 2015, by clause 67(1) of the Electricity Industry Participation Code
Amendment (Distributed Generation) 2014.
Clause 25(2) and (3): amended, on 23 February 2015, by clause 67(2) of the Electricity Industry Participation Code
Amendment (Distributed Generation) 2014.
Electricity Industry Participation Code 2010
Schedule 6.3
48 5 October 2017
Schedule 6.3 cl 6.8
Default dispute resolution process
Contents
1
Application of this schedule
2
Notice of dispute
3
Complaints
4
Application of pricing principles to disputes
5
Orders that Rulings Panel can make
1 Application of this Schedule
This Schedule applies in accordance with clause 6.8.
Compare: SR 2007/219 clause 1 Schedule 3
Clause 1: substituted, on 23 February 2015, by clause 68 of the Electricity Industry Participation Code Amendment
(Distributed Generation) 2014.
2 Notice of dispute
(1) A party must give written notice to the other party of the dispute.
(2) The parties must attempt to resolve the dispute with each other in good faith.
(3) If the parties are unable to resolve the dispute, either party may complain in writing to
the Authority.
Compare: SR 2007/219 clause 2 Schedule 3
3 Complaints
(1) A complaint made under clause 2(3) must be treated as if it were a notification given
under regulations made under section 112 of the Act.
(2) The following provisions apply to the complaint:
(a) sections 53-62 of the Act; and
(b) the Electricity Industry (Enforcement) Regulations 2010 except regulations 5, 6,
7, 9, 17, 51 to 75, and subpart 2 of Part 3.
(3) Those provisions apply—
(a) to the dispute that is the subject of the complaint in the same way as those
provisions apply to a notification of an alleged breach of this Code; and
(b) as if references to a participant in those provisions were references to a party
under Part 6 of this Code; and
(c) with any further modifications that the Authority or the Rulings Panel, as the
case may be, considers necessary or desirable for the purpose of applying those
provisions to the complaint.
Compare: SR 2007/219 clause 3 Schedule 3
4 Application of pricing principles to disputes
(1) The Authority and the Rulings Panel must apply the pricing principles set out in
Schedule 6.4 to determine any connection charges payable.
(2) Subclause (1) applies if—