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 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

Top Energy Limited (Top) and Ngawha Generation Limited (NGL) currently hold an exemption from the obligation in section 76(2) of the Electricity Industy Act to comply with two of the arm’s-length rules in Schedule 3 of the Act. The exemption exempts Top and NGL, with certain conditions, from the requirement to comply with rule 9 and rule 10 of Schedule 3 of the Act.

One of the conditions limits the nameplate capacity of Ngawha Springs Power Station to 65 MW. Top has applied for an amendment to the exemption to increase this nameplate capacity to 75 MW. The current exemption expires on 1 November 2027. The Authority is also considering extending the exemption to the end of the power station’s resource consent (to 31 July 2052).

We have published a draft decision paper on this exemption, which is open for comment until Tuesday, 15 October 2019. Please email your feedback to marketoperations@ea.govt.nz with “Comments on Top Energy exemption amendment” in the subject line.

Current exemptions 

Final decision: Top Energy application for exemption under section 90

We have decided to grant an exemption, with conditions, to both Top Energy Limited and Ngawha Generation Limited, from complying with arm’s-length rules 9 and 10 of the Electricity Industry Act 2010 for Top Energy’s involvement in Ngawha, and vice versa. As part of granting this exemption we will revoke Top Energy’s existing exemption (decision no. 603) granted under the Electricity Industry Reform Act 1998.

In making this decision we have considered comments received on the draft decision paper (published on Tuesday, 11 July 2017). We have published a final decision paper which includes our responses to concerns raised and explains the reasons for granting this exemption.

Draft decision: Top Energy application for exemption under section 90

We have published a draft decision paper on an application for an exemption under section 90 of the Electricity Industry Act 2010 (Act), relating to Top Energy Limited’s (Top) involvement in Ngawha Generation Limited (NGL) for its proposed geothermal generation expansion at Ngawha. The paper proposes to grant an exemption, with conditions, to Top’s senior management and directors from complying with arm’s-length rules 9 and 10 of the Act for their involvement in NGL.

Top Energy and Ngawha Generation Limited: request for exemption

The Authority requested that interested parties comment on the application for exemption by Tuesday 31 January 2017. 

Auckland International Airport Limited and Patrick Strange: request for exemption

Auckland International Airport Limited (AIAL) and Patrick Strange requested an exemption from sections 75, 77 - 79, and 88 of Part 3 of the Act. This exemption has been granted.

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.

Emailretailoperations@ea.govt.nz.

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.

Emailmarketoperations@ea.govt.nz

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.

Emailmarketoperations@ea.govt.nz.