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
This amendment to the Electricity Industry Participation Code 2010 (Code) is made under sections 38 and 39(3) of the Electricity Industry Act 2010 (Act) by the Electricity Authority having complied with section 39 of the Act.
Contents | ||
1 | Title | 7 |
2 | Commencement | 7 |
3 | Code amended | 7 |
Part 1 Amendments to Part 1 of the Electricity Industry Participation Code | ||
4 | Clause 1.1(1) amended (Interpretation) | 7 |
Part 2 Amendments to Part 2 of the Electricity Industry Participation Code | ||
5 | Clause 2.19 amended (Factors the Authority must consider before publishing notice) | 8 |
6 | Clause 2.21 amended (Participants may identify confidential information) | 8 |
7 | Clause 2.22 amended (Authority dealing with information identified as confidential) | 8 |
Part 3 Amendments to Part 6A of the Electricity Industry Participation Code | ||
8 | Clause 6A.1 amended (Purpose and outline of this Part) | 8 |
9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 | Clause 6A.3 amended (Corporate separation and arm’s-length rules applying to distributors and connected generators and connected retailers) Clause 6A.4(3) amended (Distributor agreements) Clause 1 of Schedule 6A.1 amended Clause 2 of Schedule 6A.1 amended Clause 3I of Schedule 6A.1 amended Part 4 Amendments to Part 7 of the Electricity Industry Participation Code Clause 7.16 amended (Authority must consent to consultation before system operator consults on proposal to amend system operation document) Clause 7.21 amended (Approval of system operation documents) Part 5 Amendments to Part 8 of the Electricity Industry Participation Code Clause 8.5 amended (Restoration) Clause 8.31 replaced (Grant of dispensations) Clause 8.35 amended (Revocation of equivalence arrangement and revocation or variation of dispensation) Clause 8.43 amended (Content of procurement plan) Clause 8.58 replaced (Frequency keeping costs are allocated to purchasers) Clause 8.59 amended (Availability costs allocated to generators and HVDC owner) Clause 8.65 amended (Rebates paid for under-frequency events) Clause 8.67 amended (Voltage support costs allocated in 3 parts – nominated peak, monthly peak and residual charges) Clause 6 of Schedule 8.1 amended Schedule 8.3 amended Clause 7 of Schedule 8.3, Technical Code A amended Clause 1 of Schedule 8.3, Technical Code A, Appendix B amended Clause 5A of Schedule 8.3, Technical Code B amended Table A2 of Schedule 8.3, Technical Code C, Appendix A amended | 8 8 9 9 9 9 9 9 9 10 10 10 11 11 11 11 11 11 11 12 12 |
30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 | Amendments to Part 10 of the Electricity Industry Participation Code Clause 10.8 amended (Requirements for information to be recorded, given, produced or received) Clause 10.21 amended (When metering equipment provider’s obligations come into effect) Clause 10.22 amended (Change of metering equipment provider) Clause 10.33A amended (When a trader may electrically connect point of connection) Clause 10.33C amended (When the trader may bridge meter at ICP) Clause 10.37 amended (Active and reactive measuring and recording requirements) Clause 10.48 amended (Correction of defects and inaccuracies in raw meter data) Clause 6 of Schedule 10.7 amended Clause 8A of Schedule 10.7 amended Clause 20 of Schedule 10.7 amended Clause 37 of Schedule 10.7 amended Clause 41 of Schedule 10.7 amended Clause 45 of Schedule 10.7 amended Clause 48 of Schedule 10.7 amended Clause 9 of Schedule 10.8 amended Part 7 Amendments to Part 11 of the Electricity Industry Participation Code Clause 11.1 amended (Contents of this Part) Clause 11.26 amended (Reports to reconciliation manager) Clause 11.30B amended (Provision of information on electricity plan comparison site) Clause 1 of Schedule 11.1 amended Clause 5 of Schedule 11.1 amended Clause 11 of Schedule 11.1 amended Clause 19 of Schedule 11.1 amended Clause 25 of Schedule 11.1 amended | 12 12 12 12 12 12 13 13 13 13 13 13 13 13 13 13 14 14 14 14 14 14 14 |
53 Clause 4 of Schedule 11.3 amended 14
54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 69 70 71 72 73 74 75 76 | Clause 13 of Schedule 11.3 amended Part 8 Amendments to Part 11A of the Electricity Industry Participation Code Clause 36 of Schedule 11A amended Part 9 Amendments to Part 12 of the Electricity Industry Participation Code Clause 12.10 amended (Default transmission agreements) Clause 12.50 amended (Copies of other agreements to be provided to Authority) Clause 12.57 amended (Principles of grid reliability standards) Clause 12.77 amended (Recovery of investment costs by Transpower) Clause 12.110 amended (Incorporation of interconnection asset capacity and grid configuration by reference) Clause 12.114 amended (Investments to meet the grid reliability standards) Clause 12.117 amended (Permanent removal of interconnection assets from service or permanent grid reconfiguration) Clause 12.127 amended (Transpower to report on availability and reliability) Clause 12.141 amended (Consideration of likely effects of planned outages) Clause 2 of Schedule 12.3 amended Clause 3 of Schedule 12.4 amended Clause 20 of Schedule 12.4 amended Clause 24 of Schedule 12.4 amended Clause 51 of Schedule 12.4 amended Clause 52 of Schedule 12.4 amended Clause 53 of Schedule 12.4 amended Clause 54 of Schedule 12.4 amended Clause 64 of Schedule 12.4 amended Clause 83 of Schedule 12.4 amended Clause 88 of Schedule 12.4 amended Clause 112 of Schedule 12.4 amended | 14 14 15 15 15 15 15 15 15 15 15 15 16 16 16 16 16 16 16 17 17 17 17 |
77 Clause 117 of Schedule 12.4 amended 17
78 79 80 81 82 83 84 85 86 87 88 89 90 91 92 93 94 95 96 97 | Clause 122 of Schedule 12.4 amended Clause 123 of Schedule 12.4 amended Clause 133 of Schedule 12.4 amended Clause 37.2 of Schedule 12.6 amended Part 10 Amendments to Part 13 of the Electricity Industry Participation Code Clause 13.2E amended (Publication of information in quarterly disclosure reports by the Authority) Clause 13.2G amended (Authority may require review of disclosure requirements or certification by independent person) Clause 13.3A amended (Approval process for dispatch-capable load stations) Clause 13.3E amended (Approval process for dispatch notification purchasers) Clause 13.4 amended (Contents of this subpart) Clause 13.6 amended (Requirements for generators when submitting offers) Clause 13.9B amended (Offer requirements for intermittent generators) Clause 13.9C amended (Information must be provided in response to an approved forecaster request) Clause 13.19C amended (Dispatch notification purchasers and dispatch notification generators to submit revised bids and offers in certain circumstances) Clause 13.82 amended (Dispatch instructions to be complied with) Clause 13.98 amended (Generators and ancillary service agents may change other parameters) Clause 13.136 amended (Offered embedded generators to provide half-hour metering information) Clause 13.173C amended (Authority to determine whether pricing error has occurred) Clause 13.205 amended (Calculation of constrained on amounts attributable to system operator) Clause 13.219 amended (Information that must be submitted) Clause 13.231A amended (Audit process) | 17 18 18 18 18 18 18 18 18 18 19 19 19 19 19 19 19 19 19 19 |
98 Clause 13.233 amended (WITS manager and Authority must keep certain 19
information confidential)
99 100 101 102 103 104 105 106 107 108 109 110 111 112 113 114 115 116 117 118 119 120 121 | Clause 13.236A amended (Disclosing participants must prepare and submit spot price risk disclosure statements) Clause 13.256 amended (Generator retailers must provide ITP information to the Authority) Clause 13.258 amended (Publication of ITP information by the Authority) Clause 13.279 amended (Appointment of auditor) Clause 13.280 amended (Carrying out of audit) Clause 13.281 amended (Payment of costs relating to audits) Clause 8 of Schedule 13.3 amended Clause 9 of Schedule 13.3 amended Clause 9A of Schedule 13.3 amended Clause 16 of Schedule 13.3 amended Clause 3 of Schedule 13.3AA amended Clause 9 of Schedule 13.4 amended Clause 13 of Schedule 13.4 amended Clause 2 of Schedule 13.5 amended Schedule 13.8 amended Part 11 Amendments to Part 15 of the Electricity Industry Participation Code Clause 15.13 amended (Notice by embedded generators) Clause 15.26 amended (Reconciliation manager to correct information) Clause 11 of Schedule 15.2 amended Clause 20 of Schedule 15.2 amended Clause 8 of Schedule 15.3 amended Clause 19 of Schedule 15.4 amended Clause 22(b) of Schedule 15.4 amended Part 12 Amendments to Part 16A of the Electricity Industry Participation Code Clause 16A.16 amended (Costs of audits) | 20 20 20 20 20 20 20 20 21 21 21 21 21 21 21 21 21 21 21 22 22 22 22 |
This is the Electricity Industry Participation Code (Minor Amendments) Amendment 2026.
This amendment comes into force on 1 August 2026, except for clause 118(1) which will come into force on 1 October 2026.
This amendment amends the Electricity Industry Participation Code 2010.
In clause 1.1(1), definition of bank, replace “Reserve Bank of New Zealand 1989” with “Banking (Prudential Supervision) Act 1989”.
In clause 1.1(1), subparagraph (ba)(iv) of the definition of bona fide physical reason:
replace “asset” with “asset”; and
replace “assets” with “assets”.
In clause 1.1(1), revoke the definition of capacity reserve.
In clause 1.1(1), revoke the definition of designated transmission customers.
In clause 1.1(1), insert in its appropriate alphabetical order:
designated transmission customer means a participant who is required to enter into a
transmission agreement with Transpower under subpart 2 of Part 12
In clause 1.1(1), definition of distribution network capacity, replace “generation” with “generation”.
In clause 1.1(1), definition of financial year, replace “the financial year” with “the financial year”.
In clause 1.1(1), definition of forecast reserve prices, insert “reserve” after “fast instantaneous”.
In clause 1.1(1), paragraph (b) of the definition of incremental costs, replace “distributed generation.” with “distributed generation”.
In clause 1.1(1), definition of interconnection asset, replace “subparts 2, 6 and 7” with
“subparts 6 and 7”.
In clause 1.1(1), definition of net purchase quantity assessment, replace “principal performance objectives” with “principal performance obligation”.
In clause 1.1(1), definition of node, replace “transformer” with “transformer”.
In clause 1.1(1), definition of notified planned outage, replace “Technical Code” with “Technical Code” in each place.
In clause 1.1(1), definition of outage, replace “Technical Code” with “Technical Code”.
In clause 1.1(1), definition of planned outage, replace “Technical Code” with “Technical Code”.
In clause 1.1(1), definition of scaling factor, replace “Technical Code” with “Technical Code”.
In clause 1.1(1), definition of specified person, replace “section 32(6)” with “section 5”.
In clause 1.1(1), definition of un-modelled transmission asset, replace “transmission asset” with “transmission asset”.
In clause 1.1(1), definition of unplanned outage, replace “Technical Code” with “Technical Code”.
In clause 2.19(2), replace “apply.” with “apply.”.
In clause 2.21, delete “(1)” before “In supplying information”.
In the chapeau of clause 2.22(5)(c), replace “if different from the participant” with “if different from the participant”.
In clause 6A.1, replace “MW” with “MW” in each place.
In clause 6A.3(3)(a), replace “MW” with “MW”.
In clause 6A.4(3)(a), replace “MW” with “MW”.
In clause 1(2) of Schedule 6A.1, replace “arm’s-length” with “arm’s-length”.
In the chapeau of clause 2(2) of Schedule 6A.1, replace “interested” with “interested”.
In clause 3I(1)(a) of Schedule 6A.1, replace “MW” with “MW”.
In clause 7.16(2)(a), replace “Code” with “Code”.
In the chapeau of clause 7.16(3), replace “system operator” with “system operator”.
In clause 7.21(3)(a), replace “Code” with “Code”.
In clause 8.5(1)(a), replace “generation” with “generation”.
Replace clause 8.31(1)(c) with:
(c) if the dispensation is a generating unit dispensation from clause 8.19(1) or (3), the generator must be allocated the following costs in a relevant trading period with respect to paragraph (a) for each of fast instantaneous reserves or sustained instantaneous reserves:
DispCostGENxt = 0.5 × QGENxt × PIRt
where
DispCostGENxt is the cost payable by a generator for generating unit x in any trading period t in which a class of instantaneous reserves is procured as a direct result of that generating unit’s dispensation to ensure that the frequency does not fall below 47 Hertz or, in the South Island, below the minimum South Island frequency
QGENxt
is the MW amount by which generating unit x is unable to sustain
pre-event output in trading period t with reference to clause 8.19(1) or
(3) (as the case may be) as determined from the capabilities specified in that generating unit’s dispensation (different amounts may be specified with respect to each class of instantaneous reserves)
PIRt
is the final reserve price for fast instantaneous reserves or sustained instantaneous reserves (as the case may be) in trading period t in the relevant island.
In clause 8.35(1)(d), replace “provided” with “provided”.
In clause 8.43(a)(iv), replace “alternative ancillary services arrangements” with “alternative ancillary service arrangements”.
The allocable cost of frequency keeping must be paid by purchasers to the system operator in accordance with the process in clause 8.68. Those costs must be calculated in accordance with the following formula:
where
SharePURx
is purchaser x’s share of allocable cost in relation to frequency keeping
Fc
is the allocable cost of frequency keeping services in the billing period
OfftakePURxt
is the total reconciled quantity in kWh for purchaser x across all
EFK
PURxt
is the quantity of any frequency keeping provided under any alternative ancillary service arrangement for frequency keeping authorised by the system operator for purchaser x in trading period t.
Replace clause 8.58 with:
In clause 8.59:
replace the formula with:
𝐒𝐒𝐒𝐒𝐒𝐒𝐒𝐒𝒆𝒆𝒕𝒕 =
𝑨𝑨𝒄𝒄𝒕𝒕 × 𝒎𝒎𝒕𝒕
𝑴𝑴𝒕𝒕
in the definition of INJGENxt, replace “injected” with “injected”.
In clause 8.65, replace “RebateXe” with “Rebatexe”.
In clause 8.67(2):
Qxjz
is Nom PeakLINESxjz, which is the peak demand in kvar (in zone z) nominated to the system operator in advance of, and having effect from, 1 March each year by connected asset owner x at its connected asset owner kvar reference node j
replace Qxj z and its definition with:
in the definition of Σj, replace “nodes” with “nodes”.
In clause 8.67(3), replace “kvar reference” with “kvar reference” in each place.
In clause 8.67(5):
replace “kvar reference” with “kvar reference” in each place; and
in the definition of Qxjz, replace “demand” with “demand”.
(1) In clause 6(1) of Schedule 8.1, replace “published” with “published”.
(2) In clause 6(3) of Schedule 8.1, replace “publication” with “publication”.
In the heading of Schedule 8.3, replace “cl 1.1” with “cls 8.25 and 8.28”.
In clause 7(1) of Schedule 8.3, Technical Code A, replace “excluded generator” with “excluded generating station”.
In clause 1(4) of Schedule 8.3 Technical Code A, Appendix B, replace “commissioned” with “commissioned”.
In clause 5A(4)(a)(i) of Schedule 8.3, Technical Code B, replace “network” with “network”.
In Schedule 8.3, Technical Code C, Appendix A, replace the heading “Table A2: Requirements of grid owners:” with “Table A2: Requirements of grid owners”.
In clause 10.8(1), replace “notified” with “notified”.
In clause 10.21(1)(a), replace “equipment” with “equipment”.
In clause 10.22(1C), replace “subclause 1(A)” with “subclause (1A)”.
In the chapeau of clause 10.22(5), replace “provider” with “provider”.
(1) In clause 10.33A(1)(a)(i)(B)(2), replace “switch” with “switch”.
(2) In clause 10.33A(3)(c), replace “switch” with “switch”.
In the chapeau of clause 10.33A(5):
replace “authorised” with “authorised”; and
replace “switch” with “switch”.
In clause 10.33A(5)(b)(ii), replace “switch” with “switch”.
In clause 10.33C(5)(c):
replace “electricity” with “electricity”; and
replace “certified” with “certified”.
In clause 10.33C(6), replace “electricity” with “electricity”.
In clause 10.37(1), replace, “category 3” with “category 3”.
In clause 10.48(3), after “the period referred to”, insert “in”.
In clause 6(1)(c) of Schedule 10.7, replace “the metering installation” with “the
In clause 8A(2)(a) of Schedule 10.7, replace “category” with “category”.
In clause 8A(2)(b) of Schedule 10.7, replace “expiry date” with “expiry date”.
In clause 20(1)(j) of Schedule 10.7, replace “service access interface” with “services access interface”.
In the chapeau of clause 37(2) of Schedule 10.7, replace “expiry date” with “expiry date”.
In clause 41(2)(b) of Schedule 10.7, replace “certification date” with “certification date”.
In clause 41(7)(a) of Schedule 10.7, replace “certification” with “certification”.
In clause 45(1A)(b) of Schedule 10.7, replace “certification” with “certification”.
In clause 48(1A) of Schedule 10.7, replace “control device” with “control device” in each place.
In clause 48(1E) of Schedule 10.7, replace “generation” with “generation” in each place.
In clause 9(1)(b)(ii)(A) of Schedule 10.8, replace “reference conditions” with “reference conditions”.
In clause 11.1(f), replace “information about their own consumption of electricity” with “their electricity information”.
In clause 11.26(a), replace “non half-hour metering type” with “non half-hour metering type”.
In clause 11.30B(5), replace “11.30A” with “11.30B”.
In clause 1(3) of Schedule 11.1, replace “identify” with “identify”.
In clause 5 of Schedule 11.1, replace “network supply point” with “NSP”.
In clause 11(1)(a) of Schedule 11.1, replace “trading” with “trading”.
In clause 19(2)(b) of Schedule 11.1, replace “ICP” with “ICP”.
In clause 25(5) of Schedule 11.1, replace “NSP” with “NSP”.
In the chapeau of clause 4(1) of Schedule 11.3, replace “losing trader” with “losing
In the chapeau of clause 13(1)(a)(ii) of Schedule 11.3, replace “ICP” with “ICP”.
In clause 36(3)(b) of Schedule 11A, replace “uncontacted” with “uncontracted”.
In clause 12.10(3)(b)(ii), replace “for assets” with “for assets”.
In clause 12.50, replace “grid” with “grid”.
In clause 12.57, replace “assets” with “assets” in each place.
In clause 12.77, replace “the transmission pricing methodology” with “the
In clause 12.110(1):
replace “interconnection asset” with “interconnection asset”; and
replace “grid” with “grid”.
In clause 12.114(1)(b):
replace “meet” with “meet”; and
replace “that asset” with “that interconnection asset”.
In clause 12.117, replace “MWh” with “MWh” in each place.
In clause 12.127(1)(i), replace “clause 12.126;” with “clause 12.126; and”.
(1) In clause 12.141(2), replace “MWh” with “MWh” in each place.
In the chapeau of clause 12.141(2)(b), replace “proposed planned outage” with “proposed planned outage”.
In the chapeau of clause 12.141(2)(c), replace “proposed planned outage” with “proposed planned outage”.
In clause 12.141(3), replace “MWh” with “MWh” in each place.
In clause 2(2) of Schedule 12.3, replace “assets” with “assets”.
In clause 3 of Schedule 12.4, definition of capacity, paragraph (c), replace “distribute” with “distribute”.
In clause 3 of Schedule 12.4, definition of injection, paragraph (a), replace “grid point of injection” with “grid point of connection”.
In the chapeau of clause 20(4) of Schedule 12.4, replace “the connection or
In clause 24(4) of Schedule 12.4, replace the formula with:
In clause 51(6) of Schedule 12.4, replace the formula with:
In clause 52(8) of Schedule 12.4, replace the formula with:
In clause 53(6) of Schedule 12.4, replace the formula with:
In clause 54(7) of Schedule 12.4, replace the formula with:
In clause 64(2) of Schedule 12.4, replace the formula with:
In clause 64(5) of Schedule 12.4, replace the final three columns in the table with:
In clause 83(5) of Schedule 12.4, replace “After (paragraph (3)(d)” with “After (paragraph (3)(d))”.
In clause 83(5C)(a) of Schedule 12.4, in the definition of SMBCregion, replace “part” with “part”.
In clause 83(5C)(b) of Schedule 12.4, in the definition of SMBCregion, replace “simple method benefit cap” with “simple method BBC cap”.
In clause 88(3)(a) of Schedule 12.4, replace “customer” with “customer”.
In clause 112(2) of Schedule 12.4, in the definition of CRRCtotal, replace “excluding
In clause 117(2)(a) of Schedule 12.4, replace “electrical” with “electrical”.
In clause 122(3) of Schedule 12.4, replace “prudent discount agreement” with “prudent discount agreement”.
In clause 123 of Schedule 12.4, replace the formula with:
In clause 133 of Schedule 12.4, replace “prudent discount agreement” with “prudent discount agreement”.
In clause 37.2 of Schedule 12.6:
replace “regional demand” with “regional demand” in each place; and
replace “as defined in” with “as calculated under”.
In the chapeau of clause 13.2E(1):
replace “publish” with “publish”; and
replace “publication” with “publication” in each place.
In clause 13.2G, delete “(1)”.
In clause 13.3E(3)(c), replace “relevant” with “relevant”.
In the chapeau of clause 13.4, replace “trading” with “trading”.
In the chapeau of clause 13.6(1)(a), replace “intermittent generator;” with “intermittent generator:”.
In the chapeau of clause 13.6(1)(b), replace “intermittent generator;” with ‘intermittent generator:”
In clause 13.9B(3), replace “clause 13.6(1)(b)(ii)” with “clause 13.6(1)(b)(iii)”.
In clause 13.9C:
replace “response” with “response”; and
replace “approved forecaster” with “approved forecast provider” in each place.
Revoke clause 13.82(2)(b)(i).
In the chapeau of clause 13.98(c), replace “a generator” with “a generator”.
In clause 13.136(1A)(a), replace “generation” with “generation”.
In clause 13.173C(2)(b)(i), replace “pricing error” with “pricing error”.
In clause 13.205, in the definition of TCONP, replace “constrained on payment” with “constrained on payment”.
In the chapeau of clause 13.219(1), replace “party” with “party”.
In clause 13.231A(4), replace “the auditor has” with “the auditor has”.
In clause 13.231A(5), replace “to the participant” with “to the participant”.
In clause 13.233(1)(a), replace “service providers” with “service providers” in each place.
In clause 13.236A(4), replace “wash-up” with “washup”.
In clause 13.256(3)(a)(ii), replace “retailer generator” with “generator retailer”.
In clause 13.258, replace “publish” with “publish”.
In clause 13.279:
replace “audit” with “audit” in each place; and
replace “auditor” with “auditor” in each place.
In clause 13.280:
replace “audit” with “audit” in each place; and
replace “auditor” with “auditor” in each place.
In clause 13.281:
replace “audit” with “audit” in each place; and
replace “auditor’s” with “auditor’s” in each place.
In clause 8(1) of Schedule 13.3, replace the formula with:
In clause 9(b) of Schedule 13.3, replace “generation” with “generation”.
Revoke clause 9A(c)(iv).
In clause 16(1)(b) of Schedule 13.3, replace “reserve prices” with “reserve prices”.
In clause 3(1) of Schedule 13.3AA, replace “Technical Code” with “Technical Code”.
In clause 9(2)(a) of Schedule 13.4:
replace “type A co-generating station” with “type A industrial co-generating station”; and
replace “type B co-generating station” with “type B industrial co-generating station”.
In clause 13(2) of Schedule 13.4, replace “type B co-generating station” with “type B industrial co-generating station”.
In clause 2(2) of Schedule 13.5, replace “inter-island” with “inter-island”.
In the heading of Schedule 13.8, replace “cl” with “cls”.
In clause 15.13, replace “embedded generation station” with “embedded generating station”.
(1) In clause 15.26(2), replace “service provider” with “service provider”.
(2) In clause 15.26(3), replace “service provider” with “service provider”.
In clause 11(2)(e) of Schedule 15.2, replace “software” with “software” in each place.
In clause 20 of Schedule 15.2, replace “metering” with “metering”.
In clause 8(2)(b) of Schedule 15.3, insert “if clause 2(1)(ad) applies” after “non half hour submission information”.
In clause 8(4)(b) of Schedule 15.3, replace “non half-hour metering installation” with “non half-hour metering installation”.
In clause 19 of Schedule 15.4, replace the formulae with:
In clause 22(b) of Schedule 15.4, replace the formula with:
22
Replace clause 16A.16(3) with:
If an audit establishes, to the reasonable satisfaction of the Authority, that the
participant that was the subject of the audit may have breached the relevant provisions of this Code (whether or not the Authority appoints an investigator to investigate the alleged breach), the cost of the audit must be met by,—
in respect of an audit carried out as a result of the Authority initiating the audit, the participant that was the subject of the audit and the Authority, in proportions to be determined by the Authority:
in respect of an audit carried out in response to a request to the Authority under clause 10.17B(2), 11.11(2), or 15.37C(2), the participant that was the subject of
the audit and the participant that requested the audit, in proportions to be determined by the Authority.
Replace clause 16A.16(4) with:
If the audit establishes, to the reasonable satisfaction of the Authority, that the participant that was the subject of the audit does not appear to have breached the relevant provisions of this Code, or if there may have been a breach but the Authority considers it to be minor, the cost of the audit must be met by,—
in respect of an audit carried out as a result of the Authority initiating the audit, the Authority:
in respect of an audit carried out in response to a request to the Authority under clause 10.17B(2), 11.11(2), or 15.37C(2), the participant that was the subject of the audit and the participant that requested the audit, in proportions to be determined by the Authority.
Made at Wellington on 13 May 2026
ERIK WESTERGAARD
Acting Chair Electricity Authority
Certified in order for signature:
Nichola Lambie Rachael Brown
Manager Legal – Legislation Partner
Electricity Authority Bell Gully
12 May 2026 12 May 2026
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 1 August 2026 except for clause 118(1), which comes into force on 1 October 2026.
The amendment amends Parts 1, 2, 6, 7, 8, 10, 11, 11A, 12, 13, 15 and 16A of the Electricity Industry Participation Code (Code) to correct typographical errors and cross referencing, to update the reference to the Banking (Prudential Supervision) Act 1989 in the definition of “bank”, and to clarify when a participant must meet the costs of an audit.
This is secondary legislation issued under the authority of the Legislation Act 2019. | |
Title | Electricity Industry Participation Code (Minor Amendments) Amendment 2026 |
Principal or amendment | Amendment |
Consolidated version | No |
Empowering Act and provisions | Electricity Industry Act 2010, section 38 |
Replacement empowering Act and provisions | Not applicable |
Maker name | Electricity Authority |
Administering agency | Electricity Authority |
Date made | 13 May 2026 |
Publication date | 14 May 2026 |
Notification date | 14 May 2026 |
Commencement date | 1 August 2026 |
End date (when applicable) | Not applicable |
Consolidation as at date | Not applicable |
Related instruments | |