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This
legislation is administered by the Electricity Authority. For more
information please see: Website: https://www.ea.govt.nz/ Contact
phone: +64 4 460 8860 Contact
address: PO Box 10041, Wellington 6143 |
Electricity Industry Participation Code (Improving Electricity
Billing) Amendment 2026
This amendment to the Electricity Industry Participation Code 2010 (Code) is made under section 38 of the Electricity Industry Act 2010 (Act) by the Electricity Authority having complied with section 39 of the Act.
Amendment
1 Title
This is the Electricity Industry Participation Code (Improving Electricity Billing) Amendment 2026.
2 Commencement
This
amendment comes into force on 30 October 2026.
3 Code amended
This amendment amends the Electricity Industry Participation Code 2010.
Part 1
Amendments to Part 1 of the Electricity Industry Participation
Code
4 Clause 1.1 amended (Interpretation)
In clause 1.1(1), insert in their appropriate alphabetical order:
domestic consumer has the meaning given to it by section 5 of the Act
small business consumer has the meaning given to it by section 5 of the Act
Part 2
Amendments to Part 11 of the Electricity Industry
Participation Code
5 Clause 11.1 amended (Contents of this Part)
In clause 11.1—
(a) in paragraph (h), replace “.” with “; and”; and
(b) after paragraph (h), insert:
(i) imposes restrictions on a retailer’s recovery of undercharged amounts from a domestic consumer or a small business consumer.
6 New cross heading and new clauses 11.32H to 11.32I inserted
After clause 11.32G, insert:
Recovering undercharged
amounts
11.32H Cap on recovery of undercharged amounts
(1) A retailer must not charge a domestic consumer or a small business consumer (“the customer”) for costs it incurred relating to the customer’s electricity consumption (“undercharged amount”) more than 6 months before the date of the invoice unless subclause (3) applies.
(2) A retailer that proposes to charge the customer an undercharged amount within 6 months of the date of the invoice must—
(a) make reasonable endeavours to contact the customer before sending the invoice to the customer to advise of the undercharged amount, offer a payment plan, and explain how the customer may make a complaint about the matter if the customer wishes; and
(b) state the undercharged amount to be recovered in the customer’s invoice in accordance with clause 5(1)(g) of Schedule 11A.2; and
(c) state the time period in which the customer must pay the undercharged amount being either—
(i) a minimum of the period during which the undercharging occurred, if the undercharging occurred over a period of less than 6 months; or
(ii) at least 6 months, in any other case; and
(d) state that the customer may pay the undercharged amount in instalments by contacting the retailer and arranging payment in instalments; and
(e) not charge the customer interest on the undercharged amount.
(3) Subclause (1) does not apply if the retailer holds a reasonable belief that the undercharged amount is due to—
(a) the retailer being unable to obtain a meter reading due to—
(i) fault on the part of the customer; or
(ii) vandalism; or
(iii) an issue with the metering installation and the customer has for at least 4 months failed to respond to at least 3 requests from the retailer or the retailer’s agent for access to a metering installation at the customer’s premises for the purpose of obtaining a meter reading or carrying out a metering installation repair, replacement or certification; or
(b) the customer obtaining electricity by means of or involving deception.
11.32I Retailer must take measures to reduce likelihood of undercharging
(1) A retailer must take proactive measures to reduce the likelihood of an undercharged amount occurring, to which clause 11.32H(1) may apply, including but not limited to the following:
(a) making reasonable endeavours to contact the customer if the retailer has not been able to obtain a meter reading for more than 4 months:
(b) informing the customer of the consequences of repeated estimated meter readings:
(c) informing the customer that the customer may provide the retailer with a meter reading and how the customer may do so:
(d) making reasonable endeavours to resolve any technical or access issues with the customer that may prevent the retailer from obtaining a meter reading.
(2) A retailer must inform every customer that does not have a smart meter at one or more of the customer’s premises to which the retailer supplies electricity of the requirement in clause 11.32H(1), the date from which the retailer is subject to that obligation, and the premises to which this information relates.
Part 3
Amendments to
Part 11A of the Electricity Industry Participation Code
7 Clause 11A.1 amended (Purpose of this Part)
In clause 11A.1—
(a) in the chapeau, replace “:” with “—“; and
(b) in paragraph (a), replace “;” with “; and”; and
(d) in paragraph (d), replace “.” with “; and”; and
(e) after paragraph (d), insert:
(e) provide billing information that enables customers to easily—
(i) understand the amount or amounts owed, the due date or dates for payment, and available payment options; and
(ii) understand how the amount or amounts owed have been calculated; and
(iii) compare their plan with other available plans to find the best plan for their needs.
8 Clause 11A.2 amended (Interpretation)
(1) In clause 11A.2, insert in their appropriate alphabetical order:
better plan check means an assessment by a retailer under clause 7 of Schedule 11A.2
Billing Standards means the requirements set out in Schedule 11A.2
plan catalogue means the information that a retailer must publish under clause 11A.17
(2) In clause 11A.2, definition
of category A retailer, replace “small business consumer” with “small business consumer”.
(3) In clause 11A.2, definition
of invoice,
delete “post-pay”.
9 Cross heading above clause 11A.3 amended
In the cross heading above clause 11A.3, insert “and Billing Standards” after “Obligations”.
10 New clause 11A.3A inserted (Participants subject to Billing Standards)
After clause 11A.3, insert:
11A.3A Participants
subject to Billing Standards
(1) Every retailer who sells electricity to a customer must ensure that each invoice issued to a customer complies with the Billing Standards.
(2) A retailer who uses a third party or agent acting on its behalf to issue an invoice to a customer must ensure the third party or agent complies with the Billing Standards.
11 Clause 11A.4 amended (Retailer must report compliance with Consumer Care Obligations)
(1) In the heading to clause 11A.4, insert “and Billing Standards” after “Obligations”.
(2) After clause 11A.4(2)(b), insert:
(ba) a statement as to whether or not the retailer complied with all requirements in the Billing Standards during that year;
12 Clause 11A.12 amended (Category B retailers must offer time-varying pricing plans)
In clause 11A.12(1), replace
“small business consumer” with “small business consumer”.
13 New clauses 11A.16 to 11A.18 inserted
After clause 11A.15, insert:
11A.16 Retailer obligation when a customer signs up to a time-varying pricing plan
Three months after a customer agrees to a time-varying pricing plan, the retailer must provide information to the customer on how to maximise financial savings from that time-varying pricing plan.
11A.17 Retailer to publish plan catalogue
(1) Each retailer must publish and keep updated a plan catalogue containing the following information:
(a) the name of every generally available retail tariff plan:
(b) the product identification code for every plan referred to in paragraph (a):
(c) the structure of, and prices available under, every plan referred to in paragraph (a) including GST, if any:
(d) a high-level summary of how the plan is tailored for different customers.
(2) The retailer must not charge any person a fee to access the plan catalogue.
11A.18 Retailer must not charge customer a fee to change pricing plan or product offering
(1) A retailer must not charge any customer a fee to change from one of the retailer’s pricing plans or product offerings to a different pricing plan or product offering from the same retailer.
(2) For the purposes of this clause, “the same retailer” includes—
(a) any subsidiary, as defined in section 5 of the Companies Act 1993, of the retailer; or
(b) if one or both of the retailer and another entity are not a company as defined in the Companies Act 1993, any such other entity that is in a similar relationship to the retailer as a subsidiary, as if both the retailer and the other entity were companies.
(3) For the avoidance of doubt and without limitation, subclause (1) includes any situation where the other pricing plan or product offering is offered by the retailer under a different brand or other business of the retailer than the brand or business under which the retailer provides the pricing plan or product offering that the customer is changing from.
(4) Despite subclause (1), a retailer may charge a fee to a customer to recover the reasonable amount—
(a) attributable to the cost of any goods or services provided to the customer free of charge, or at a discounted rate for a limited period, when the customer signed up to that pricing plan; and
(b) that the retailer has not been able to recover during the period for which the customer paid for electricity under that pricing plan.
14 Clause 16 of Schedule 11A.1 amended
(1) In clause 16(b) of Schedule 11A.1, replace “; and” with “;”.
(2) In clause 16(c) of Schedule 11A.1, replace “.” with “;”.
(3) After clause 16(c) of Schedule 11A.1, insert:
(d) advise the customer of the existence of the retailer’s plan catalogue; and
(e) provide the customer with a better plan message in accordance with clause 8 of Schedule 11A.2.
15 Clause 17 of Schedule 11A.1 amended
After clause 17(2) of Schedule 11A.1, insert:
(3) A retailer’s advice to a customer in accordance with clause 17(1)(a) does not affect the retailer’s obligation to provide a better plan message in accordance with clause 8 of Schedule 11A.2.
16 New clause 17A of Schedule 11A.1 inserted
After clause 17 of Schedule 11A.1, insert:
17A Retailers to provide further information in certain circumstances
(1) If a customer requests information or advice from the retailer on reducing the customer’s electricity expenditure or electricity consumption or on any other matter reasonably relating to the customer’s invoice or pricing plan, the retailer must:
(a) advise the customer of the retailer’s available product offerings, and related pricing plans and payment options that are relevant to the customer’s current household circumstances:
(b) use reasonable endeavours to assist the customer in understanding the most suitable option for the customer’s current household circumstances, including any conditions the customer must meet in order to obtain the greatest benefit from a product offering and the drawbacks of any particular option including any fees the person may incur:
(c) provide information about one or more electricity plan comparison platforms.
(2) A retailer’s advice to a customer in accordance with clause 17A(1)(a) does not affect the retailer’s obligation to provide a better plan message in accordance with clause 8 of Schedule 11A.2.
17 Clause 19 of Schedule 11A.1 revoked
Revoke clause 19 of Schedule 11A.1.
18 New clause 23A of Schedule 11A.1 inserted
After clause 23 of Schedule 11A.1, insert:
23A Better plan message obligation unaffected
The provision of any advice under clause 23(f) to a customer does not affect the retailer’s obligation to provide a better plan message to the customer in accordance with clause 8 of Schedule 11A.2.
19 Clause 68 of Schedule 11A.1 amended
In clause 68(2)(b) of Schedule 11A.1, insert “unless clause 11.32H applies” after “recovery”.
20 New Schedule 11A.2 inserted
Insert new Schedule 11A.2 set out in Schedule 1 of this amendment.
Schedule 1
New Schedule 11A.2 inserted
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Schedule 11A.2 |
cl.
11A.3A |
Billing Standards
1 Interpretation
In the Billing Standards, words and phrases appear in bold to alert the reader to the fact that they are defined in clause 1.1 or clause 11A.2.
Part 1
General Principles
2 Plain language requirements
An invoice must use clear and accessible language.
3 Customer comprehension
The information in an invoice must be presented in a way that is easy to understand.
4 Prominence of mandatory information
An invoice must present the mandatory information listed in
clause 5 in a prominent manner that is clearly visible and easy to locate.
Part 2
Mandatory information on invoices
5 Mandatory information
(1) A retailer must include the following information in an invoice:
(a) the customer’s account number:
(b) the customer’s ICP identifier clearly labelled “ICP” followed by the customer’s ICP identifier:
(c) the retailer’s identifying information including, but not limited to, the retailer’s trading name and/or brand name, and a link to or information about how to contact the retailer:
(d) the due date or due dates for payment:
(e) the total amount owed in dollar figures:
(f) a breakdown of how the total amount owed was calculated including:
(i) the amount the customer owes for the invoicing period in dollar figures with reference to the invoicing period and number of days:
(ii) any credits, reversals and discounts that the retailer applied, in dollar figures:
(iii) if applicable, any overdue amounts the customer owes in dollar figures and the invoicing period the overdue amounts relate to:
(iv) if the customer has received bundled goods or services, the amounts the customer owes in dollar figures for each good or service for the invoicing period:
(v) consumption amount including but not limited to peak, off-peak, or shoulder periods in kWh or MJ where applicable:
(vi) any injection amount including but not limited to peak, off-peak, or shoulder periods in kWh or MJ where applicable:
(vii) the rate or rates charged for electricity supplied including rates charged per kWh (such as night, daily, anytime rates) and any fixed rates or fixed or variable charges (such as a daily fixed charge:
(viii) a comparison between the customer’s consumption and injection for the current invoicing period and at least one previous period including both kWh or MJ and dollar figures:
(g) if the retailer seeks to recover an undercharged amount under clause 11.32H—
(i) the amount to be recovered in dollar figures; and
(ii) the due date for payment of the amount determined under clause 11.32H(2)(b):
(h) the payment options available to the customer or advice on where the customer may find information regarding the available payment options:
(i) whether the total amount owed under subclause (1)(e) is—
(i) based on a meter reading; or
(ii) based on an estimated reading; and
(iii) if it is based on an estimated reading, include—
(A) a statement that the amount owed under subclause (1)(e) is “based on an estimated reading”; and
(B) include a link to or information about how the customer may submit a customer meter reading:
(j) the product identification code:
(k) the pricing plan name:
(l) any contract end date:
(m) the amount of any contract exit fee:
(n) a link to or information about the dispute resolution scheme identified under clause 3 of Schedule 4 of the Act:
(o) a link to the electricity plan comparison platform using the wording prescribed by the Authority for the purposes of this subclause and published on the Authority’s website.
(2) All dollar amounts in subclause (1) must be inclusive of GST, if any.
(3)
If the Authority changes the wording prescribed in
accordance with subclause (1)(o), each retailer must change the wording on its invoice
to use the new wording as soon as reasonably possible and no later than 3
months from the date the change is notified by the Authority.
Part 3
Better plan check
6 Retailers to perform a better plan check
Each retailer must perform a better plan check in respect of a customer in accordance with clause 7 at least once every 12 months.
7 Better plan check
(1) Each retailer required to perform a better plan check for a customer must consider whether, based on the customer’s consumption over the past 12 months, the retailer has one or more pricing plans that could provide a lower cost of electricity to the customer taking into account the customer’s current household circumstances known to the retailer.
(2) If the retailer reasonably considers that the retailer has one or more pricing plans that could provide a lower cost of electricity to the customer, the retailer must advise the customer of that pricing plan or those pricing plans (provided the retailer does not need to advise the customer of more than 3 pricing plans).
(3)
If the retailer
advises the customer of more than one pricing plan,
the retailer must identify the pricing plan which the retailer
reasonably considers is the lowest cost option for the customer,
taking into account those aspects of the customer’s
circumstances of which the retailer has knowledge.
8 Form and content of better plan message
(1) A retailer that has undertaken a better plan check under clause 7 must provide a better plan message to the customer in accordance with clause 16 of Schedule 11A.1.
(2) The better plan message must inform the customer that the retailer has undertaken a better plan check and considers either—
(a) the customer is on a suitable pricing plan and include the name of that plan and its product identification code; or
(b) there is another pricing plan, or more than one pricing plan, in the product catalogue that would be a better plan for the customer.
(3) If subclause 2(b) applies, the better plan message must include:
(a) the name of the pricing plan, or pricing plans, and its product identification code:
(b) a link to or information about how to access the retailer’s plan catalogue:
(c) clear and simple information about how the customer may change to that pricing plan:
(d) any conditions the customer must meet in order to obtain the greatest benefit from the pricing plan:
(e) any drawbacks of the pricing plan including any fees the customer may incur.
Made at Wellington on 23rd day of February 2026
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Erik Westergaard
Acting Chair
Electricity Authority
Certified in order for
signature:
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%20Amendment%202026.files/image007.jpg)
Tiffany Matsis Nick Crang
Senior Legal Counsel Partner
Electricity Authority Duncan Cotterill
20 February 2026 19
February 2026
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Explanatory Note
This note is not part of the amendment but is intended to
indicate its general effect.
This
amendment to the Electricity Industry Participation Code 2010 comes into force
on 30 October 2026.
The amendment amends Parts 1, 11
and 11A of the Code to improve electricity billing to make invoices clearer,
more consistent, and more useful for consumers. It also introduces safeguards
to protect domestic and small business consumers from unexpected back bills.
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This is secondary legislation issued under the authority of the Legislation Act 2019. |
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Title |
Electricity Industry Participation Code (Improving Electricity Billing) Amendment 2026 |
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Principal or amendment |
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Consolidated version |
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Empowering Act and provisions |
Electricity Industry Act 2010, section 38 |
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Replacement empowering Act and provisions |
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Maker name |
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Administering agency |
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Date made |
23 February 2026 |
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Publication date |
4 March 2026 |
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Notification date |
3 March 2026 |
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Commencement date |
30 October 2026 |
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End date (when applicable) |
Not applicable |
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Consolidation as at date |
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Related instruments |
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