Jurisdiction under Part 4A of the Commerce Act in Respect of Transpower

The Minister of Energy has decided not to transfer jurisdiction under Part 4A of the Commerce Act in respect of Transpower from the Commerce Commission to the Electricity Commission at this time. Part 4A provides a targeted control and information disclosure regime for large electricity lines businesses.

The reasons for this decision are:

Both the Commerce Commission and Electricity Commission are currently involved in significant work that could be adversely affected by a transfer;
If jurisdiction for Transpower were transferred, jurisdiction under Part 4A for other large electricity lines businesses would remain with the Commerce Commission, which could lead to increased uncertainty if each Commission has a different approach to the administration of Part 4A;
Submitters were concerned that the Electricity Commission is a Crown Agent, rather than an Independent Crown Entity like the Commerce Commission. Submitters also expressed the view that there is a need for a deeper review of the regulatory framework for transmission.

The issue will be revisited in one year, possibly combined with consideration of the transfer of Part 4A for other large electricity lines businesses.

The proposal to modify the regulatory arrangements for Transpower was set out in a discussion paper, prepared by the Ministry on behalf of the Minister of Energy. Submissions on the discussion paper closed on 19 December 2005. A summary of submissions is available.

For further information see Media Statements.

Discussion Paper
This discussion paper canvasses the views of interested parties on a proposal to modify the regulatory arrangements for Transpower New Zealand Limited.
Submissions on the Discussion Paper
Submissions received on the discussion paper Jurisdiction under Part 4A of the Commerce Act in respect of Transpower.
Summary of Submissions
Summary of submissions in response to the discussion paper Jurisdiction under Part 4A of the Commerce Act in respect of Transpower.
Media Statements
Media Statements regarding jurisdiction under Part 4A in respect of Transpower.