WEL and NewPower application to amend an existing exemption

WEL Networks Limited (WEL) and NewPower Energy Limited (NewPower) and their senior management have an existing exemption and dispensation from clause 6A.3 (which includes the requirement to comply with the arm’s length rules) and clause 6A.8 of the Electricity Industry Participation Code 2010 (Code). The current exemption is generation assets to a maximum capacity of 65.34MW.

WEL has applied for an amendment to the existing exemption to include additional specified generation assets to a total maximum capacity of 93.013MW, specifically two battery sites and two solar sites.

You can read the WEL application and NewPower application.

Part 6A of the Code requires distributors, connected generators, and specified persons involved in both of them, to comply and to ensure their businesses comply with the corporate separation and arm’s length rules, if a connected generator has a total capacity of more than 50MW of generation.

WEL and NewPower were granted their existing exemption and dispensation from clauses 6A.3 and clause 6A.8 of the Code for two solar farms, a battery and incidental generation up to a maximum capacity of 65.34MW in October 2024.

WEL is currently in the process of developing two additional battery sites and a small solar site. NewPower, a wholly owned subsidiary of WEL Networks, is in the process of developing an additional solar farm. The total capacity of these generating assets is more than the existing exemption for generation assets. Because of this, an application for an amendment to the exemption and dispensation has been submitted.

If you would like to comment on the application, please provide your feedback to compliance@ea.govt.nz by 5pm 20 June 2025.

We will carefully consider this application and any feedback we receive.