About the Act, Regulations and Code
Electricity industry participants are required by law to comply with the Electricity Industry Act 2010, its Regulations and the Electricity Industry Participation Code 2010.
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Electricity Industry Act 2010
The Electricity Authority was established under the Electricity Industry Act 2010 (Act).
The Act provides a framework for the regulation of the electricity industry. It authorises us to make regulations and make and amend the Electricity Industry Participation Code 2010 (Code). It also sets out the process we must follow.
Any amendments we make to the Code must be consistent with our statutory objectives, and can impose obligations only on industry participants or on the Electricity Authority. If any provision in the Code conflicts with the Act or any regulations, the Act or regulations prevail.
Electricity Industry Amendment Act 2022
On 31 December 2022, our role was expanded under the Electricity Industry Amendment Act 2022 to give us an additional statutory objective to protect the interests of domestic consumers and small business consumers in relation to the supply of electricity to those consumers.
There are the following five regulations:
1. Electricity (Exemptions from Registration) Regulations 2022
The Electricity (Exemptions from Registration) Regulations 2022 exempt two classes of industry participants from the obligation to register as participants with the Electricity Authority.
2. Electricity Industry (Participants and Roles) Regulations 2012
The Electricity Industry (Participants and Roles) Regulations 2012 ensure that the financial transmission rights manager, who we appoint under the Code, is a market operation service provider under the Act.
3. Electricity Industry (Enforcement) Regulations 2010
The Electricity Industry (Enforcement) Regulations 2010 include provisions related to Code breaches and the proceedings of the Rulings Panel.
4. Electricity Industry (Levy of Industry Participants) Regulations 2010
The Electricity Industry (Levy of Industry Participants) Regulations 2010 impose a levy on electricity generators, wholesale purchasers, and electricity distributors (including Transpower) for the costs of the Electricity Authority performing its functions, powers and duties.
5. The Electricity (Low Fixed Charge Tariff Option for Domestic Consumers) Regulations 2004
The Electricity (Low Fixed Charge Tariff Option for Domestic Consumers) Regulations 2004 require electricity retailers to offer a low fixed charge tariff option or options to domestic consumers at their principal place of residence.
Approved systems document
Provisions in Part 13 of the Electricity Industry Participation Code 2010 (Code) require participants to make information available using the 'approved system'.
Clause 1.1 of the Code defines an 'approved system' as "the system or systems required to convey information between persons in accordance with this Code as may be approved from time to time by the Authority".
Other Part 13 provisions require that, if a particular approved system or other means of providing information is unavailable, the relevant participant must follow backup procedures specified by the WITS manager (or in the case of clause 13.81, specified by the system operator) to make the relevant information available.
The Approved Systems Document sets out:
- the approved systems, and which Part 13 provision(s) they apply to
- the backup procedures specified by the WITS manager (or in the case of clause 13.81, the system operator), and which Part 13 provision(s) the backup procedures apply to
- how an approved system or backup procedure is changed.
Electricity Industry Participation Code 2010
The Electricity Industry Participation Code 2010 (Code) sets out the duties and responsibilities for all industry participants. It also sets out the responsibilities of the Electricity Authority.
Participants are legally obliged to comply with the Act, Regulations, and the Code. Failure to comply may result in enforcement action.
Industry participants have an obligation to report all breaches of the Code to us.