Court of Appeal partial decision - update
Appeal Court update
On 30 November 2018, the Court of Appeal released a partial decision on the Authority’s right to introduce a Default Distributor Agreement (DDA). The Court of Appeal’s decision allows us to proceed with our DDA proposal.
The Court of Appeal’s decision confirmed that the Code may:
- require a particular contractual structure and specific terms to be located particularly within that structure
- prescribe some types of mandatory contractual terms
- prohibit some terms in particular circumstances.
The DDA is designed to promote competition and efficiency in the electricity industry by achieving more standardisation of contracts for distribution services.
We’re still waiting for a final decision as to whether the DDA falls within the jurisdiction of the Electricity Authority or the Commerce Commission. We will continue developing the DDA proposal in line with our statutory objective.