Three appeals were filed against the final decision.

The parties below have filed notices and memoranda stating their position regarding the final decision and the role they wish to have in the appeals.

Meridian Energy

Might River Power

Case management conference on the appeals

A case management conference on the appeals was held on 25 July 2011. At this conference, following an application by Bay of Plenty Energy and Todd Energy, the Court granted a stay on the publication of final prices for 26 March 2011 until a hearing on 16 August 2011.

Case management conference minutes

At the hearing on 16 August 2011, the Court extended the stay on publication of final prices for 26 March 2011 until a further order of the Court.  

On 27 February 2012, the High Court delivered its judgement that the Authority made:

  • no error of law upon which its conclusions that a UTS existed on 26 March 2011 could be challenged
  • no error of law in reaching a conclusion as to the appropriate remedy for the UTS on 26 March 2011.

On 26 March 2012, Genesis applied for leave to appeal the High Court's judgment to the Court of Appeal.

On 7 May 2012, the High Court granted Genesis' application leave to appeal to the Court of Appeal and ordered the stay (i.e. the order preventing us from publishing the revised interim prices for 26 March 2011 as final prices) was now lifted.

On 17 May 2012, the pricing manager published final prices for the 26 March 2011.

On 31 July 2012, the Court of Appeal allocated a fixture on 15 to 18 April 2013 for hearing Genesis' appeal to the Court of Appeal.

On 8 November 2012, Genesis advised that it had decided not to pursue its appeal to the Court of Appeal. Therefore, the High Court's decision stands that we made no error of law that a UTS existed on 26 March 2011; and no error of law as to the appropriate remedy for the UTS.