The purpose of Part 3 is to promote competition in the electricity industry:

  • by prohibiting a person who is involved in a distributor from being involved in a generator where that may create incentives and opportunities to inhibit competition in the electricity industry; and
  • by restricting relationships between a distributor and a generator or a retailer, where those relationships may not otherwise be at arm's-length.

Prior to 1 November 2010, this function was the responsibility of the Commerce Commission under the Electricity Industry Reform Act 1998 (EIR Act). A list of the decisions made by the Commerce Commission on applications for exemption can be found in the exemptions register on the Commerce Commission website.

All exemptions received after 1 November 2010 can be found on the Authority's register.

Further information on Part 3 can be found under the headings for sections 77, 88, 89 and 90 below, or in the Guidelines on Part 3 of the Electricity Industry Act 2010 below, or by sending an email to our market operations team with 'Part 3 enquiries' in the title.

Email: marketoperations@ea.govt.nz

  • Section 77 Use-of-systems agreements

    Published: 25/09/2013 12:00am

    Section 77(1) of the Electricity Industry Act 2010 states that every director of a distributor in respect of which there is a connected retailer or a connected generator must publicise their use-of-systems agreement and provide it to the Authority. Read More

  • Section 88 Disclosure of information to Authority

    Published: 03/05/2012 12:00am

    Clause 88 of the Electricity Industry Act 2010 states that every director of a distributor referred to in section 77(1) must ensure that the distributor discloses the quantity of electricity sold each financial year by connected retailers to customers who Read More

  • Section 89 Directors reporting compliance with arm's-length rules

    Published: 03/05/2012 12:00am

    Section 89 of the Electricity Industry Act 2010 states that each year each director of a business to which the arm's-length rules apply must provide a statement confirming whether the director has complied with all arm's-length rules. Read More

  • Section 90 exemptions from Part 3 of the Act

    Published: 10/05/2012 12:00am

    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. Read More