Electricity Industry Participation Code 2010

• This Schedule specifies the procedures for processing applications from distributed generators for the connection or continued connection of distributed generation.

• Subject to clause 6.4A and clause 1D, a distributed generator that owns or operates distributed generation must apply to a distributor if it wishes to—
  • (a) connect the distributed generation to the distributor's distribution network; or
  • (b) continue an existing connection of the distributed generation to the distributor's distribution network if a connection contract for the distributed generation—
    • (i) is in force and the distributed generator wishes to extend the term of the connection contract; or
    • (ii) has expired; or
  • (c) continue an existing connection of the distributed generation to the distributor's distribution network that is connected without a connection contract if the regulated terms do not apply; or
  • (d) change the nameplate capacity or fuel type of the distributed generation connected to the distributor's distribution network.

• This Schedule applies to applications made under clause 1B as follows:
  • (a) Part 1 applies to applications in respect of distributed generation that has a nameplate capacity of 10 kW or less in total, unless the distributed generator has elected, under clause 1D, to apply under Part 1A:
  • (b) Part 1A applies to applications in respect of distributed generation that has a nameplate capacity of 10 kW or less in total, if the distributed generator has elected, under clause 1D, to apply under Part 1A:
  • (c) Part 2 applies to applications in respect of distributed generation that has a nameplate capacity of more than 10 kW in total.

• (1) A distributed generator may elect to apply to a distributor under Part 1A instead of Part 1 if the distributed generation to which the application relates—
  • (a) is designed and installed in accordance with AS/NZS 4777.1:2016; and
  • (b) incorporates an inverter that—
    • (i) has been tested and issued a Declaration of Conformity with AS/NZS 4777.2:2020 by a laboratory with accreditation issued or recognised by International Accreditation New Zealand; and
    • (ii) has settings that meet the distributor’s connection and operation standards.
• (2) Until 1 September 2026, a distributed generator may only elect to apply to a distributor under Part 1A instead of Part 1, if the distributed generation to which the application relates has, in addition to the requirements in subclause (1)—
  • (a) a volt-watt response mode;
  • (b) a volt-var response mode;
  • (c) control settings and volt response mode settings that meet the distributor’s connection and operation standards; and
  • (d) a maximum export power limit at the ICP of the distributed generator that does not exceed the maximum export power threshold, if any, specified by the distributor in its connection and operation standards.

• (1) This Part applies to applications relating to distributed generation that has a nameplate capacity of 10 kW or less in total, unless the distributed generator that owns or operates the distributed generation has elected, under clause 1D, to apply under Part 1A.
• (2) This Part of this Schedule provides for a 1-stage application process.

• (1) [Revoked]
• (2) A distributed generator must apply to a distributor by—
  • (a) using the application form provided by the distributor that is publicly available under clause 6.3(2)(a); and
  • (b) providing any information in respect of the distributed generation to which the application relates that is—
    • (i) referred to in subclause (3); and
    • (ii) specified by the distributor under clause 6.3(3) as being required to be provided with the application; and
  • (c) paying the application fee (if any) specified by the distributor in accordance with clause 6.3(2)(e).
• (3) The information may include the following:
  • (a) the full name and address of the distributed generator and the contact details of a person that the distributor may contact regarding the distributed generation:
  • (aa) whether the application is to—
    • (i) connect distributed generation; or
    • (ii) continue an existing connection of distributed generation that is connected in accordance with a connection contract if the connection contract—
      • (A) is in force and the distributed generator wishes to extend the term of the connection contract; or
      • (B) has expired; or
    • (iii) continue an existing connection of distributed generation that is connected without a connection contract; or
    • (iv) change the nameplate capacity or fuel type of connected distributed generation:
  • (b) evidence of the nameplate capacity that the distributed generation will have, or other suitable evidence that the distributed generation is or will only be capable of generating electricity at a rate of 10 kW or less:
  • (ba) if the application is to change the nameplate capacity or fuel type of connected distributed generation—
    • (i) the nameplate capacity that the distributed generation will have after the change; and
    • (ii) the aggregate nameplate capacity that all distributed generation that is connected at the point of connection at which the distributed generation is connected will have after the change; and
    • (iii) the fuel type that the distributed generation will have after the change:
  • (c) details of the fuel type of the distributed generation (for example, solar, wind, or liquid fuel):
  • (d) a brief description of the physical location at the address at which the distributed generation is or will be connected:
  • (da) if the application is to connect distributed generation, when the distributed generator expects the distributed generation to be connected:
  • (e) technical specifications of the distributed generation and associated equipment, including the following:
    • (i) technical specifications of equipment that allows the distributed generation to be electrically disconnected from the distribution network on loss of mains voltage:
    • (ii) manufacturer's rating of equipment:
    • (iii) number of phases:
    • (iv) proposed or current point of connection to the distribution network (for example, the ICP identifier and street address):
    • (v) details of either or both of any inverter and battery storage:
    • (vi) details of any load at the proposed or current point of connection:
    • (vii) details of the voltage (for example, 415 V or 11 kV) when it is electrically connected:
  • (f) information showing how the distributed generation complies with the distributor's connection and operation standards:
  • (g) any additional information or documents that are reasonably required by the distributor.
• (4) [Revoked]
• (5) The distributor must, within 5 business days of receiving an application, give written notice to the applicant advising whether or not the application is complete.

• (1) A distributor must, within 30 business days after the date of receipt of a completed application made in accordance with clause 2, give notice in writing to the applicant stating whether the application is approved or declined.
• (2) A distributor must approve an application if—
  • (a) the application has been properly made in accordance with Part 6 of this Code; and
  • (b) the information provided in the application would reasonably support an assessment by the distributor that—
    • (i) the distributed generator will comply at all times with the requirements of the Health and Safety at Work Act 2015; and
    • (ii) the distributed generator will ensure that the distributed generation complies at all times with the Act, and this Code; and
    • (iii) the distributed generation meets the distributor's connection and operation standards.
• (3) A notice stating that an application is declined must be accompanied by the following information:
  • (a) detailed reasons of why the application has been declined and the steps that the applicant can take to achieve approval if it makes a new application:
  • (b) information about the default process under Schedule 6.3 for the resolution of disputes between participants about an alleged breach of the regulated terms or any other provision of Part 6 of this Code:
  • (c) that if the distributed generator is not a participant, the distributed generator may report to the Authority under the Electricity Industry (Enforcement) Regulations 2010 if it considers that the distributor has breached any requirement in Part 6 of this Code.

• (1) A distributor may seek an extension of the time specified in clause 3(1) by which the distributor must give notice in writing stating whether an application is approved or declined.
• (2) The distributor must do this by notice in writing to the distributed generator specifying the reasons for the extension.
• (3) The distributed generator that made the application—
  • (a) may grant an extension which must not exceed 20 business days; and
  • (b) must not unreasonably withhold consent to an extension.

• (1) If a distributor advises a distributed generator that its application is approved, the distributed generator must give written notice to the distributor confirming whether the distributed generator intends to negotiate a connection contract under clause 6 and, if so, confirming the details of the distributed generation to which the application relates.
• (2) The distributed generator must give the notice within 10 business days after the distributor gives notice of approval, or such later date as is agreed by the distributor and the distributed generator.
• (3) The distributor's duties under Part 6 of this Code arising from the application no longer apply if the distributed generator fails to give notice to the distributor within the time limit specified in subclause (2).
• (4) Subclause (3) does not prevent the distributed generator from making a new application under Part 6 of this Code.

• (1) If a distributed generator whose application under clause 2 is approved gives notice to a distributor under clause 5, the distributor and the distributed generator have 30 business days, starting on the date on which the distributor receives the notice, during which they must, in good faith, attempt to negotiate a connection contract.
• (2) The distributor and the distributed generator may, by agreement, extend the time specified in subclause (1) for negotiating a connection contract.

• (1) Subject to subclause (1A), a distributed generator whose application under clause 2 is approved by a distributor must test and inspect the distributed generation to which the application relates within a reasonable time frame specified by the distributor.
• (1A) The distributor may waive the requirement that the distributed generator test and inspect if the distributor is satisfied that the distributed generation complies with the distributor’s connection and operation standards.
• (2) The distributed generator must give adequate notice of the testing and inspection to the distributor.
• (3) The distributor may send qualified personnel to the site to observe the testing and inspection.
• (4) The distributed generator must give the distributor with a written test report when testing and inspection is complete, including suitable evidence that the distributed generation complies with the distributor's connection and operation standards.
• (5) The distributed generator must pay any fee specified by the distributor in accordance with clause 6.3(2)(e) for observing the testing and inspection.

• (1) This clause applies if a distributor and a distributed generator whose application under this Part of this Schedule is approved enter into a connection contract before the period for negotiating a connection contract under this Part of this Schedule expires.
• (2) If the application is to connect distributed generation under clause 1B(a), the distributor must allow the distributed generator to connect the distributed generation in accordance with the contract as soon as practicable.
• (3) If the application is to continue an existing connection of distributed generation under clause 1B(b), the distributor must use its best endeavours to ensure that the new terms under which the distributed generator's existing connection continues apply—
  • (a) as soon as practicable, if the previous connection contract has expired; or
  • (b) no later than the expiry of the previous connection contract, if the contract is in force.
• (4) If the application is to continue an existing connection for which there is no connection contract under clause 1B(c), the distributor must use its best endeavours to ensure that the new terms under which the distributed generator's existing connection continues apply as soon as practicable.
• (5) If the application is to change the nameplate capacity or fuel type of connected distributed generation under clause 1B(d), the distributor must use its best endeavours to ensure that the new terms under which the distributed generator's existing connection continues apply as soon as practicable.

• (1) This clause applies if a distributor and a distributed generator whose application under this Part of this Schedule is approved do not enter into a connection contract before the period for negotiating a connection contract under this Part of this Schedule expires.
• (2) If the application is to connect distributed generation under clause 1B(a), the distributor must allow the distributed generator to connect the distributed generation on the regulated terms as soon as practicable after the expiry of the period.
• (3) If the application is to continue an existing connection of distributed generation under clause 1B(b), the regulated terms apply to the distributed generator’s existing connection as follows:
  • (a) if the previous connection contract has expired, the regulated terms apply from the day after the date on which the period for negotiating a connection contract under this Part of this Schedule expires:
  • (b) if the previous connection contract is still in force, the regulated terms apply from the day after the date on which the contract expired.
• (4) If the application is to continue an existing connection for which there is no connection contract under clause 1B(c), the regulated terms apply from the day after the date that the period for negotiating a connection contract under this Part of this Schedule expires.
• (5) If the application is to change the nameplate capacity or fuel type of connected distributed generation under clause 1B(d), the regulated terms apply from the day after the date that the period for negotiating a connection contract under this Part of this Schedule expires.

• (1) This Part applies to applications relating to distributed generation that has a nameplate capacity of 10 kW or less in total if the distributed generator that owns or operates the distributed generation has elected, under clause 1D, to apply under this Part of this Schedule.
• (2) This Part of this Schedule provides for a simplified 1-stage application process.

• (1) A distributed generator's application to a distributor must specify which of the following circumstances applies:
  • (a) the distributed generator wishes to connect distributed generation:
  • (b) the distributed generator wishes to continue an existing connection of distributed generation that is connected in accordance with a connection contract that—
    • (i) is in force and the distributed generator wishes to extend the term of the connection contract; or
    • (ii) has expired:
  • (c) the distributed generator wishes to continue an existing connection of distributed generation that is connected without a connection contract:
  • (d) the distributed generator wishes to change the nameplate capacity or fuel type of connected distributed generation.
• (2) An application must include the following:
  • (a) the name, contact, and address details of the distributed generator and, if applicable, the distributed generator’s agent:
  • (b) a brief description of the physical location at the address at which the distributed generation is or will be connected:
  • (c) any application fee specified by the distributor in accordance with clause 6.3(2)(e):
  • (d) details of the make and model of the inverter:
  • (e) confirmation as to whether the inverter—
    • (i) is included on the distributor’s list of approved inverters made publicly available under clause 6.3(2)(f); or
    • (ii) conforms with the settings specified in the distributor’s connection and operation standards:
  • (f) if the inverter is not included on the distributor’s list of approved inverters, a copy of the AS/NZS 4777.2:2020 Declaration of Conformity certificate for the inverter:
  • (g) details of—
    • (i) the nameplate capacity of the distributed generation; and
    • (ii) the fuel type of the distributed generation (for example, solar, wind, or liquid fuel).
• (2A) Until 1 September 2026, an application must also include—
  • (a) confirmation as to whether the inverter conforms with the control settings and volt response mode settings specified in the distributor’s connection and operation standards;
  • (b) confirmation that the distributed generation has a maximum export power limit that does not exceed the maximum export power threshold, if any, specified by the distributor in its connection and operation standards; and
  • (c) the maximum export power of the distributed generation.
• (3) The distributed generator must also give the distributor the following information as soon as it is available, but no later than 10 business days after the approval of the application:
  • (a) a copy of the Certificate of Compliance issued under the Electricity (Safety) Regulations 2010 that relates to the distributed generation:
  • (b) the ICP identifier of the ICP at which the distributed generation is connected or is proposed to be connected, if one exists.
• (4) A distributor must, no later than 2 business days after receiving an application from a distributed generator, acknowledge receipt of the application.

• (1) A distributor may inspect distributed generation that is connected or is proposed to be connected to its distribution network for the purpose of—
  • (a) verifying that the distributed generation meets, or continues to meet, the requirements specified in clause 1D; or
  • (b) verifying the information contained in an application made under this Part of this Schedule.
• (2) If a distributor wishes to inspect distributed generation, the distributor must give the distributed generator at least 2 business days’ notice of the time and date on which the inspection will take place.
• (3) Following receipt of a notice, the distributed generator must—
  • (a) pay the fee specified by the distributor in accordance with clause 6.3(2)(e) for the inspection (if any); and
  • (b) provide or arrange for the distributor to have reasonable access to the distributed generation.

• (1) This clause applies if a distributed generator applies to a distributor under this Part of this Schedule to connect distributed generation or continue an existing connection of distributed generation to a location on the distributor's distribution network that is included in the list made publicly available in accordance with clause 6.3(2)(da) or (db).
• (2) The distributor may advise the distributed generator that the distributed generation may be subject to export congestion as set out in the distributor’s congestion management policy.
• (3) If a distributor has advised a distributed generator under subclause (2), the distributor must take reasonable steps to work with the distributed generator to assess whether solutions exist to mitigate the export congestion.

• (1) This clause applies if a distributor considers that an application made to it by a distributed generator under this Part of this Schedule has 1 or more of the following deficiencies:
  • (a) the distributed generation to which the application relates does not meet the requirements specified in clause 1D:
  • (b) the distributed generation to which the application relates is not as described in the information given under clause 9B(2):
  • (c) the distributed generator has not complied with clause 9B(2).
• (2) If this clause applies, the distributor must advise the distributed generator of the deficiency or deficiencies.
• (3) If the distributed generator is advised of a deficiency or deficiencies, it must remedy each deficiency to the satisfaction of the distributor no later than 10 business days after being advised of the deficiency.
• (4) If the distributed generator is required to remedy a deficiency it must pay the relevant fee specified by the distributor in accordance with clause 6.3(2)(e).
• (5) If the distributed generator does not remedy each deficiency of which it is advised within the time frame specified in subclause (3)—
  • (a) if the distributed generation to which the application relates is electrically connected to the distributor's distribution network at the time the distributor advises the distributed generator under subclause (2), the distributor may, by notice to the distributed generator, require the distributed generator to—
    • (i) electrically disconnect the distributed generation within a reasonable time frame specified by the distributor (if applicable); and
    • (ii) keep the distributed generation electrically disconnected until each deficiency is remedied to the distributor's satisfaction; or
  • (b) if the distributed generation is not connected to the distributor’s distribution network at the time of being advised under subclause (2), the distributor may, by notice to the distributed generator, prohibit the distributed generator from connecting the distributed generation to the distributor's distribution network until each deficiency is remedied to the distributor’s satisfaction.
• (6) The distributor must approve connection of the distributed generation as soon as is reasonable in the circumstances if—
  • (a) the distributed generator complies with a notice given under subclause (5)(a) (if applicable); and
  • (b) the distributed generator remedies each deficiency advised under subclause (2)—
    • (i) to the satisfaction of the distributor; and
    • (ii) no later than 12 months after the date of the notice given under subclause (5) or such later date as is agreed by the distributor and the distributed generator.
• (7) If the distributor approves the connection of distributed generation, it must give a notice of final approval to the distributed generator under clause 9F.

• (1) A distributor must give a notice of final approval of distributed generation to a distributed generator that has made an application to the distributor under this Part of this Schedule if the distributor is satisfied that—
  • (a) the distributed generation meets the requirements specified in clause 1D; and
  • (b) the information given by the distributed generator under clause 9B(2) is complete and accurate.
• (2) The distributor must give the notice no later than 10 business days after the date on which the application was submitted.
• (3) If the distributed generator does not receive a notice by the date specified in subclause (2), the distributor is deemed to have given notice of final approval.

• (1) If a distributor gives a notice of final approval to a distributed generator under clause 9F, the regulated terms apply.
• (2) Despite subclause (1), and in accordance with clause 6.6(4), the distributor and distributed generator may at any time enter into a connection contract on terms that apply instead of the regulated terms.

• (1) A distributed generator that has submitted an application to a distributor under clause 1D may connect the distributed generation to which the application relates to the distributor's distribution network if the distributed generator receives a notice of final approval under clause 9F(1), or is deemed to have received a notice of final approval under clause 9F(3).
• (2) Despite subclause (1) a distributor may prohibit a distributed generator from connecting if—
  • (a) the distributor has advised the distributed generator of a deficiency under clause 9E(2) and the deficiency has not been remedied in accordance with clause 9E(3); or
  • (b) the distributor gave notice that it wished to inspect the distributed generation under clause 9C(2), but the distributed generator has not provided or arranged for the distributor to have reasonable access to the distributed generation under clause 9C(3)(b).

• (1) This Part of this Schedule applies to applications relating to distributed generation that has a nameplate capacity of more than 10 kW in total.
• (2) This Part of this Schedule provides for a 2-stage application process.

• (1) [Revoked]
• (2) A distributed generator must apply to a distributor ("initial application") by—
  • (a) using the application form provided by the distributor that is publicly available under clause 6.3(2)(a); and
  • (b) providing any information in respect of the distributed generation to which the application relates that is—
    • (i) referred to in subclause (3); and
    • (ii) specified by the distributor under clause 6.3(3) as being required to be provided with the application; and
  • (c) paying the application fee (if any) specified by the distributor in accordance with clause 6.3(2)(e).
• (3) The information may include the following:
  • (a) the full name and address of the distributed generator and the contact details of a person whom the distributor may contact regarding the distributed generation:
  • (aa) whether the application is to—
    • (i) connect distributed generation; or
    • (ii) continue an existing connection of distributed generation that is connected in accordance with a connection contract if the connection contract—
      • (A) is in force and the distributed generator wishes to extend the term of the connection contract; or
      • (B) has expired; or
    • (iii) continue an existing connection of distributed generation that is connected without a connection contract; or
    • (iv) change the nameplate capacity or fuel type of connected distributed generation:
  • (b) evidence of the nameplate capacity that the distributed generation will have:
  • (ba) if the application is to change the nameplate capacity or fuel type of connected distributed generation,—
    • (i) the nameplate capacity that the distributed generation will have after the change; and
    • (ii) the aggregate nameplate capacity that all distributed generation that is connected at the point of connection at which the distributed generation is connected will have after the change; and
    • (iii) the fuel type that the distributed generation will have after the change:
  • (c) details of the fuel type of the distributed generation (for example, solar, wind, or liquid fuel):
  • (d) a brief description of the physical location at the address at which the distributed generation is or will be connected:
  • (da) if the application is to connect distributed generation, when the distributed generator expects the distributed generation to be connected:
  • (e) technical specifications of the distributed generation and associated equipment, including the following:
    • (i) technical specifications of equipment that allows the distributed generation to be electrically disconnected from the distribution network on loss of mains voltage:
    • (ii) manufacturer's rating of equipment:
    • (iii) number of phases:
    • (iv) proposed or current point of connection to the distribution network (for example, the ICP identifier and street address):
    • (v) details of either or both of any inverter and battery storage:
    • (vi) details of any load at the proposed or current point of connection:
    • (vii) details of the voltage (for example, 415 V or 11 kV) when electrically connected:
  • (f) information showing how the distributed generation complies with the distributor's connection and operation standards:
  • (g) the maximum active power injected (MW max):
  • (h) the reactive power requirements (MVArs) (if any):
  • (i) resistance and reactance details of the distributed generation:
  • (j) fault level contribution (kA):
  • (k) method of voltage control:
  • (l) single line diagram of proposed connection:
  • (m) means of synchronising with, electrically connecting to, and electrically disconnecting from, the distribution network, including the type and ratings of the proposed circuit breaker:
  • (n) details of compliance with frequency and voltage support requirements as specified in this Code (if applicable):
  • (o) proposed periods and amounts of electricity injections into, and offtakes from, the distribution network (if known):
  • (p) any other information that is required by the system operator:
  • (q) any additional information or documents that are reasonably required by the distributor.
• (4) [Revoked]
• (5) The distributor must, within 5 business days of receiving an initial application, give written notice to the applicant advising whether or not the application is complete.

• A distributor must give a distributed generator that makes an initial application the following within 30 business days of receiving the completed initial application:
  • (a) information about the capacity of the distribution network, including both the design capacity (including fault levels) and actual operating levels:
  • (b) information about the extent to which connection and operation of the distributed generation may result in a breach of the relevant standards for safety, voltage, power quality, and reliability of electricity conveyed to points of connection on the distribution network:
  • (c) information about any measures or conditions (including modifications to the design and operation of the distribution network or to the operation of the distributed generation) that may be necessary to address the matters referred to in paragraphs (a) and (b):
  • (d) the approximate costs of any distribution network related measures or conditions identified under paragraph (c) and an estimate of time constraints or restrictions that may delay connecting the distributed generation:
  • (e) information about any further detailed investigative studies that the distributor reasonably considers are necessary to identify any potential adverse effects the distributed generation may have on the system, together with an indication of—
    • (i) whether the distributor agrees to the distributed generator, or a suitably qualified agent of the distributed generator, undertaking those studies; or
    • (ii) if not, whether the distributor could undertake those studies and, if so, the reasonable estimated cost of the studies that the distributed generator would be charged:
  • (f) information about any obligations to other parties that may be imposed on the distributor and that could affect the distributed generation (for example, obligations to Transpower, in respect of other networks, or under this Code):
  • (g) any additional information or documents that the distributor considers would assist the distributed generator's application:
  • (h) information about the extent to which planned and unplanned outages may adversely affect the operation of the distributed generation.

• (1) A distributor must provide, if requested by a distributed generator making an initial application, further information that is reasonably necessary to enable the distributed generator to consider and act on the information given by the distributor under clause 12.
• (2) The information that the distributor must provide under subclause (1) may include single line diagrams, equipment ratings, normal switch configurations (including fault levels), and protection system details relevant to the current or proposed point of connection of the distributed generation to the distribution network.
• (3) The distributor must provide the further information under this clause within 10 business days of the request being received.

• If a distributor or a distributed generator has given information under this Part of this Schedule and subsequently becomes aware of new information that is relevant to the application, the party that becomes aware of the new information must use reasonable endeavours to provide the other party with the new information.

• (1) A distributed generator that makes an initial application to a distributor must make a final application, no later than 12 months after receiving information under clauses 12 and 13, if the distributed generator wishes to proceed with the application, unless—
  • (a) the distributor and the distributed generator agree that a final application is not required; and
  • (b) there are no persons to whom the distributor must give written notice under clause 16 at the time that the distributor and distributed generator agree that a final application is not required.
• (1A) If a final application is not required—
  • (a) subclause (2) does not apply; and
  • (b) the distributed generator’s initial application must be treated as a final application for the purposes of clauses 16 to 24.
• (2) The distributed generator must make the final application by—
  • (a) using the final application form provided by the distributor that is publicly available under clause 6.3(2)(a); and
  • (b) providing the results of any investigative studies that were identified by the distributor under clause 12(e)(i) as to be undertaken by the distributed generator or the distributed generator's agent.

• A distributor that receives a final application must give written notice to the following persons no later than 10 business days after receiving the final application:
  • (a) all persons that have made an initial application relating to a particular part of the distribution network that the distributor considers would be affected by the approval of the final application; and
  • (b) all distributed generators that have distributed generation with a nameplate capacity of 10 kW or more in total connected on the regulated terms to the particular part of the distribution network that the distributor considers would be affected by the approval of the final application.

• (1) Subclause (2) applies if—
  • (a) a distributor receives a final application (the first application); and
  • (b) the distributor receives another final application, within 20 business days after receiving the first application, relating to a particular part of the distribution network that the distributor considers would be affected by the approval of the first application.
• (2) If this subclause applies, the distributor—
  • (a) may consider the final applications together as if they were competitive bids to use the same part of the distribution network; and
  • (b) must consider the final applications in light of the purpose of Part 6 of this Code.
• (3) In any other case in which a distributor receives more than 1 final application relating to a similar part of the distribution network, the distributor must consider an earlier final application in priority to other final applications.
• (4) Subclause (3) does not limit clause 19.

• (1) A distributor must, within the time limit specified in clause 19, give notice in writing to the applicant stating whether the final application is approved or declined.
• (2) A distributor must approve a final application, subject to any conditions specified by the distributor that are reasonably required, if—
  • (a) the application has been properly made in accordance with Part 6 of this Code; and
  • (b) the information provided in the application would reasonably support an assessment by the distributor that—
    • (i) the distributed generator will comply at all times with the requirements of the Health and Safety at Work Act 2015; and
    • (ii) the distributed generator will ensure that the distributed generation complies at all times with the Act and this Code; and
    • (iii) the distributed generation meets the distributor's connection and operation standards (assuming that the distributed generator meets the conditions (if any) referred to in subclause (3)).
• (3) A notice stating that an application is approved must be accompanied by the following information:
  • (a) a detailed description of any conditions (or other measures) that are conditions of the approval under subclause (2), and what the distributed generator must do to comply with them:
  • (b) detailed reasons for those conditions (or other measures):
  • (c) a detailed description of any charges payable by the distributed generator to the distributor or by the distributor to the distributed generator, and an explanation of how the charges have been, or will be, calculated:
  • (d) the default process for resolving disputes under Schedule 6.3, if the distributed generator disputes all or any of the conditions (or other measures) or charges payable.
• (4) A notice stating that an application is declined must be accompanied by the following information:
  • (a) detailed reasons as to why the application has been declined and what the applicant must do to get approval if it makes a new application:
  • (aa) if the application is one to which clause 17(2) applies, the criteria used in making a decision under clause 17(2)(a) and clause 17(2)(b):
  • (b) the default process for resolving disputes between participants under Schedule 6.3:
  • (c) that if the distributed generator is not a participant, the distributed generator may report to the Authority under the Electricity Industry (Enforcement) Regulations 2010 if it considers that the distributor has breached any requirement in Part 6 of this Code.

• (1) A notice required by clause 18 must be given by a distributor to a distributed generator no later than—
  • (a) 45 business days after the date of receipt of the final application, in the case of distributed generation that will have a nameplate capacity of less than 1 MW; or
  • (b) 60 business days after the date of receipt of the final application, in the case of distributed generation that will have a nameplate capacity of 1 MW or more but less than 5 MW; or
  • (c) 80 business days after the date of receipt of the final application, in the case of distributed generation that will have a nameplate capacity of 5 MW or more.
• (2) The distributor may seek 1 or more extensions of the time specified in subclause (1).
• (3) The distributor must do this by notice in writing to the distributed generator specifying the reasons for the extension.
• (4) A distributed generator that receives a notice seeking an extension—
  • (a) may grant an extension which must not exceed 40 business days; and
  • (b) must not unreasonably withhold consent to an extension.

• (1) If a distributor advises a distributed generator that the distributed generator's final application is approved, the distributed generator must give written notice to the distributor confirming whether or not the distributed generator intends to proceed to negotiate a connection contract under clause 21(1) and, if so, confirming—
  • (a) the details of the distributed generation; and
  • (b) that the distributed generator accepts all of the conditions (or other measures) that have been specified by the distributor under clause 18.
• (2) The distributed generator must give the notice no later than 30 business days after the day on which the distributor gives notice of approval under clause 18, or such later date as is agreed by the distributor and the distributed generator.
• (3) If the distributed generator is a participant and does not accept 1 or more of the conditions specified by the distributor under clause 18(2) (if any), but intends to proceed to negotiate a connection contract under clause 21(1), the distributed generator must—
  • (a) give notice of the dispute in accordance with clause 2 of Schedule 6.3 within 30 business days after the day on which the distributor gives notice of approval under clause 18; and
  • (b) give a notice under subclause (1) within 30 business days after the dispute is resolved.
• (4) The distributor's duties under Part 6 of this Code arising from the application no longer apply if the distributed generator fails to give notice to the distributor of an intention to proceed to negotiate a connection contract under clause 21(1) within the time limits specified in this clause.
• (5) Subclause (4) does not prevent the distributed generator from making a new application under Part 6 of this Code.

• (1) If a distributed generator whose final application is approved gives notice to a distributor under clause 20(1), the distributor and the distributed generator have 30 business days, starting on the date on which the distributor receives the notice, during which they must, in good faith, attempt to negotiate a connection contract.
• (2) The distributor and the distributed generator may, by agreement, extend the time specified in subclause (1) for negotiating a connection contract.

• (1) A distributed generator whose final application is approved by a distributor must test and inspect the distributed generation to which the final application relates within a reasonable time frame specified by the distributor.
• (1A) The distributor may waive the requirement that the distributed generator test and inspect if the distributor is satisfied that the distributed generation complies with the distributor’s connection and operation standards.
• (2) The distributed generator must give adequate notice of the testing and inspection to the distributor.
• (3) The distributor may send qualified personnel to the site to observe the testing and inspection.
• (4) The distributed generator must give the distributor with a written test report when testing and inspection is complete, including suitable evidence that the distributed generation complies with the distributor’s connection and operation standards.
• (5) The distributed generator must pay any fee specified by the distributor in accordance with clause 6.3(2)(e) for observing the testing and inspection.

• (1) This clause applies if a distributor and a distributed generator whose final application is approved enter into a connection contract before the period for negotiating a connection contract under this Part of this Schedule expires.
• (2) If the application is to connect distributed generation under clause 1B(a), the distributor must allow the distributed generator to connect the distributed generation in accordance with the contract as soon as practicable.
• (3) If the application is to continue an existing connection of distributed generation under clause 1B(b), the distributor must use its best endeavours to ensure that the new terms under which the distributed generator’s existing connection continues apply—
  • (a) as soon as practicable, if the previous connection contract has expired; or
  • (b) no later than the expiry of the previous connection contract, if the contract is in force.
• (4) If the application is to continue an existing connection for which there is no connection contract under clause 1B(c), the distributor must use its best endeavours to ensure that the new terms under which the distributed generator’s existing connection continues apply as soon as practicable.
• (5) If the application is to change the nameplate capacity or fuel type of connected distributed generation under clause 1B(d), the distributor must use its best endeavours to ensure that the new terms under which the distributed generator’s existing connection continues apply as soon as practicable.

• (1) This clause applies if a distributor and a distributed generator whose final application is approved do not enter into a connection contract before the period for negotiating a connection contract under this Part of this Schedule expires.
• (2) If the application is to connect distributed generation under clause 1B(a), the distributor must allow the distributed generator to connect the distributed generation on the regulated terms as soon as practicable after the later of the following:
  • (a) the expiry of the period for negotiating a connection contract under this Part of this Schedule:
  • (b) the date on which the distributed generator has fully complied with any conditions (or other measures) that were specified by the distributor under clause 18 as conditions of the connection.
• (3) If the application is to continue an existing connection of distributed generation under clause 1B(b), the regulated terms apply to the distributed generator’s existing connection from the later of the following:
  • (a) the expiry of the period for negotiating a connection contract under this Part of this Schedule:
  • (b) the expiry of the existing connection contract:
  • (c) the date on which the distributed generator has fully complied with any conditions (or other measures) that were specified by the distributor under clause 18 as conditions of the connection.
• (4) If the application is to continue an existing connection for which there is no connection contract under clause 1B(c), the regulated terms apply from the later of the following:
  • (a) the expiry of the period for negotiating a connection contract under this Part of this Schedule:
  • (b) the date on which the distributed generator has fully complied with any conditions (or other measures) that were specified by the distributor under clause 18 as conditions of the connection.
• (5) If the application is to change the nameplate capacity or fuel type of connected distributed generation under clause 1B(d), the regulated terms apply from the later of the following:
  • (a) the expiry of the period for negotiating a connection contract under this Part of this Schedule:
  • (b) the date on which the distributed generator has fully complied with any conditions (or other measures) that were specified by the distributor under clause 18 as conditions of the connection.

• (1) All information given with, or relating to, an application made under this Schedule to a distributor must be kept confidential by the distributor except as agreed otherwise by the person that gave the information.
• (1A) A distributor may require a distributed generator to keep confidential information that—
  • (a) is given to the distributed generator by the distributor for the purpose of an application under this Schedule; and
  • (b) the distributor reasonably identifies as being confidential.
• (1B) A distributor is excused from processing an application made by a distributed generator under this Schedule if the distributed generator does not agree to comply with a requirement to keep information confidential imposed under subclause (1A).
• (2) Despite subclause (1), the distributor—
  • (a) may, in response to an application under this Schedule, disclose to the applicant that another distributed generator has made an application under this Schedule (without identifying who the other distributed generator is); and
  • (b) may, in the case of an application under Part 1 of this Schedule, generally indicate the location or proposed location of the distributed generation that is the subject of the other application; and
  • (c) may, in the case of an application under Part 2 of this Schedule, disclose the nameplate capacity and proposed location of the distributed generation that is the subject of the other application.
• (3) The obligation to keep information confidential set out in subclause (1) includes—
  • (a) an obligation not to use the information for any purpose other than considering the application under this Schedule and enabling the connection or continued connection of the distributed generation; and
  • (b) an obligation to destroy the information as soon as is reasonably practicable after the later of—
    • (i) the date on which the information is no longer required for the purposes in paragraph (a); and
    • (ii) 60 months after receiving the information.

A distributor must maintain records of each application and notice received under this Schedule and the resulting outcomes, including records of how long it took to approve or decline the application, and justification for these outcomes, for a minimum of 60 months after the day on which the application was approved or declined.

A distributor and distributed generator must pay their respective costs (including legal costs) incurred under 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 and Schedule 6.1.

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.

• (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).

• (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.

• (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—
    • (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.

• (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.

• (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.

• (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.
• (3) The distributed generator must protect the distributor's equipment against interference and damage.

• (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.

The distributor must make reasonable endeavours to ensure that the connection of the distributed generation is not interrupted.

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:
• (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.

• (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.

• (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.
• (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).

• (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.

• (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]
• (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]

• (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.

• (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.

• 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.

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.

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.

• (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.

• (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
    • (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.

• 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.

• 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.

• (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.

This Schedule applies in accordance with clause 6.8.

• (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.

• (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.

• (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—
  • (a) there is a dispute under Part 6 of this Code; and
  • (b) in the opinion of the Authority or the Rulings Panel it is necessary or desirable to apply subclause (1) in order to resolve the dispute.

If a complaint is referred to it, the Rulings Panel may make any order, or take any action, that it is able to make or take in accordance with section 54 of the Act.

This Schedule sets out the pricing principles to be applied for the purposes of Part 6 of this Code in accordance with clause 6.9 (which relates to clause 19 of Schedule 6.2 and clause 4 of Schedule 6.3).

The pricing principles are as follows:

• • (a) subject to paragraph (i), connection charges in respect of distributed generation must not exceed the incremental costs of providing connection services to the distributed generation:
  • (b) when calculating incremental costs, any costs that cannot be calculated must be estimated with reference to reasonable estimates of how the distributor's capital investment decisions and operating costs would differ, in the future, with and without the generation:
  • (c) estimated costs may be adjusted ex post. Ex-post adjustment involves calculating, at the end of a period, what the actual costs incurred by the distributor as a result of the distributed generation being electrically connected to the distribution network were and deducting the costs that would have been incurred had the generation not been electrically connected. In this case, if the costs differ from the costs charged to the distributed generator, the distributor must advise the distributed generator and recover or refund those costs after they are incurred (unless the distributor and the distributed generator agree otherwise):

• • (d) if costs include distinct capital expenditure, such as costs for a significant asset replacement or upgrade, the connection charge attributable to the distributed generator's actions or proposals is payable by the distributed generator before the distributor has committed to incurring those costs. When making reasonable endeavours to facilitate connection, the distributor is not obliged to incur those costs until that payment has been received:
  • (e) if incremental costs are negative, the distributed generator is deemed to be providing network support services to the distributor, and may invoice the distributor for this service and, in that case, the distributed generator must comply with all relevant obligations (for example, obligations under Part 6 of this Code and in respect of tax):
  • (f) if costs relate to ongoing or periodic operating expenses, such as costs for routine maintenance, the connection charge attributable to the distributed generator's actions or proposals may take the form of a periodic charge:
  • (g) [Revoked]
  • (h) after the connection of the distributed generation, the distributor may review the connection charges payable by a distributed generator not more than once in any 12-month period. Following a review, the distributor must advise the distributed generator in writing of any change in the connection charges payable, and the reasons for any change, not less than 3 months before the date the change is to take effect:

• • (i) if multiple distributed generators are sharing an investment, the portion of costs payable by any 1 distributed generator—
    • (i) must be calculated so that the charges paid or payable by each distributed generator take into account the relative expected peak of each distributed generator's injected generation; and
      • (ii) may also have regard to the percentage of assets that will be used by each distributed generator, the percentage of distribution network capacity used by each distributed generator, the relative share of expected maximum combined peak output, and whether the combined peak generation is coincident with the peak load on the distribution network:
  • (j) in order to facilitate the calculation of equitable connection charges under paragraph (i), the distributor must make and retain adequate records of investments for a period of 60 months, provide the rationale for the investment in terms of facilitating distributed generation, and indicate the extent to which the associated costs have been or are to be recovered through generation connection charges:

• • (k) if a distributed generator has paid connection charges that include (in part) the cost of an investment that is subsequently shared by other distributed generators, the distributor must refund to the distributed generator all connection charges paid to the distributor under paragraph (i) by other distributed generators in respect of that investment:
  • (l) if there are multiple prior distributed generators, a refund to each distributed generator referred to in paragraph (k) must be provided in accordance with the expected peak of that distributed generator's injected generation over a period of time agreed between the distributed generator and the distributor. The refund—
    • (i) must take into account the relative expected peak of each distributed generator's injected generation; and
    • (ii) may also have regard to the percentage of assets that will be used by each distributed generator, the percentage of distribution network capacity used by each distributed generator, the relative share of expected maximum combined peak output, and whether the combined peak generation is coincident with the peak load on the distribution network:
  • (m) no refund of previous payments from the distributed generator referred to in paragraph (k) is required after a period of 36 months from the initial connection of that distributed generator:

• • (n) to avoid doubt, nothing in Part 6 of this Code creates any distribution network capacity or property rights in any part of the distribution network unless these are specifically contracted for. Distributors must maintain connection and lines services to distributed generators in accordance with their connection and operation standards.

A distributor may require the payment of fees for any of the following activities prescribed under Part 6 of this Code to the maximum fee specified in the column opposite that activity: