Part 1 - General Provisions
5. Interpretation
5.1 In these rules, any term that is defined in the Act and used in these rules, but not defined in these rules, has the same meaning as in the Act.
5.2 In these rules, unless the context otherwise requires,-
Act means the Gas Act 1992;
actual reading means a register reading, which was recorded from a meter or corrector by means of physically viewing the register at the time or by retrieving the reading from a datalogger that recorded the reading at the time;
allocation agent means, for each gas gate, the person who allocates the daily and monthly gas purchase volumes to the retailers taking supply of gas at that gas gate;
allocation group means an allocation group determined by the industry body under rule 44.1.8;
business day means any day of the week except –
- Saturday and Sunday; and
- Any day that Good Friday, Easter Monday, ANZAC Day, the Sovereign's Birthday, Labour Day, Christmas Day, Boxing Day, New year 's Day, the day after New year 's Day, and Waitangi Day are observed for statutory holiday purposes; and
- Any other day which the industry body has determined not to be a business day as published by the industry body;
commencement date means the date referred to in rule 2.1;
Commission means the Energy Commission established under S43ZZH of the Act;
connection status means the physical status of the connection between the distribution system or transmission system and the consumer installation, with respect to the ability of gas to flow to the consumer installation and the nature of any disconnection of the consumer installation;
consumer installation means one or more gas installations that have a single point of connection to a distribution system or transmission system and for which there is or has previously been a single consumer;
corrector means a device that dynamically replaces any one or more of the fixed factors otherwise required to convert gas volume measured at ambient conditions to gas volume measured at standard conditions;
distributor means a gas distributor as defined in the Act, which in accordance with rule 44.3 includes the owner of a transmission system to which a consumer installation is directly connected;
estimated reading means a register reading that has been quantified by an estimation process;
financial year means the 12 month period beginning on the date determined by the industry body and any anniversary of that date;
gas gate means the point of connection between –
- a transmission system and a distribution system; or
- a transmission system and a consumer installation; or
- two gas distribution systems;
go-live date means the date on which the industry body confirms that the registry is fully operational in accordance with the requirements of rules 39 and 40;
ICP means installation control point being the point at which a consumer installation is deemed to have gas supplied, and which represents the consumer installation on the registry ;
ICP identifier means the unique 15-character identifier assigned to each ICP, having the format, yyyyyyyyyyxxccc, where:
yyyyyyyyyy is the gas connection number specified by the distributor and unique to that connection in the distributor 's records;
xx is an alphabetic combination, determined by the industry body, for use by the distributor when creating the ICP identifier;
ccc is an alphanumeric checksum generated by an algorithm specified by the industry body;
ICP parameter means one of the defined set of components of an ICP as set out in the Schedule;
ICP parameter value means a numerical value or an alphanumeric code or some free text assigned, in accordance with these rules, to an ICP parameter ;
meter means an instrument designed to measure the amount of gas passed through it;
meter owner means the person who owns or controls a meter used to measure gas consumption for a consumer installation;
metering equipment means any one or a combination of a meter, corrector, datalogger and the telemetry equipment used to measure or convey volume information related to an ICP ;
move switch means a situation where a consumer moves to a consumer installation and elects to have gas supplied at that consumer installation by a retailer different from the retailer that supplied the previous consumer at that consumer installation;
new retailer means the retailer who, as a result of a switch, will be the supplier of gas to the consumer installation concerned and the responsible retailer for the ICP on and from the switch date;
parent gas gate means for an ICP or gas gate, the gas gate immediately upstream of the ICP or gas gate, where upstream means in the direction towards a transmission system;
publish means –
- In respect of information to be published by the industry body or the registry operator, to make such information available through the registry ; and
- For all other information, to make available in such manner as may be determined by the industry body from time to time;
register reading means the number displayed by, or estimated for, a meter register or corrector register at a particular date and time, and that represents the volume of gas recorded by the register over a certain period;
register multiplier means the number to be used to convert the difference between two register readings to cubic metres of gas;
registry means the database facility (including all relevant hardware and software) that meets the requirements set out in rule 40;
registry development costs has the meaning given by rule 22.2;
registry ongoing costs has the meaning given by rule 24.2;
registry operator means the service provider appointed by the industry body in accordance with rule 13 to be the registry operator;
registry operator service provider agreement means the agreement between the industry body and the registry operator that provides the terms of the appointment of the registry operator;
registry participant means a retailer, distributor or meter owner;
registry participant register means the register of registry participants kept by the registry operator under rule 9.1;
registry specification means the specification for the registry set out in the registry operator service provider agreement;
report access means a person is authorised to extract a report of ICP information by issuing an electronic request to the registry, which includes the criteria determining the content of the report;
responsible distributor means, for a particular ICP, the distributor whose distributor code is shown on the registry and who is thereby responsible for maintaining the values of the parameters for that ICP listed in Part A of the Schedule;
responsible retailer means, for a particular ICP, the retailer whose retailer code is shown on the registry and who is thereby responsible for maintaining the values of the parameters for that ICP listed in Part B of the Schedule;
responsible meter owner means, for a particular ICP, the meter owner whose meter owner code is shown on the registry and who is thereby responsible for maintaining the values of the parameters for that ICP listed in Part C of the Schedule;
retailer means a gas retailer as defined in the Act;
rules means these Gas (Switching Arrangements) rules 2008 as may be amended from time to time and includes every schedule to the rules, any code of practice and any technical code made pursuant to the rules;
standard switch means a switch where a consumer, being supplied gas at a particular consumer installation elects to have gas supplied at that consumer installation by another retailer ;
switch means the change of retailer supplying gas to a consumer installation, and the consequent change of responsible retailer for the ICP concerned;
switch date means the date on and from which a new retailer supplies gas to a consumer installation;
switch reading means the register reading that applies to the switch date;
view access means a person is authorised to view information in the registry, including the result of any ICP address search facility provided as part of registry functionality; and
write access means a person is authorised to view and maintain certain information in the registry.
5.3 Where the rules require the registry to comply with a rule, this is to be regarded as an obligation on the registry operator.
Application
6. Application of rules
These rules do not apply to retailers, distributors or meter owners which supply liquefied petroleum gas through pipelines or in containers.
registry participants
7. Obligation to Supply Registration Information
7.1 All registry participants must supply registration information to the registry operator.
7.2 Registration information consists of –
7.2.1 The name of the registry participant; and
7.2.2 The registry participant's telephone number, physical address, facsimile number, email address, and postal address; and
7.2.3 Identification as to which class, or classes, of registry participant (retailer, distributor or meter owner) that the registry participant belongs.
7.3 Registration information must be given in the form and manner required by the registry operator as approved by the industry body.
8. When Registration Information Must Be Supplied
8.1 Every person who is a registry participant at the commencement date must supply the registration information within 20 business days of the commencement date.
8.2 Every person who becomes a registry participant after the commencement date must supply the registration information within 20 business days of becoming a registry participant.
9. Registry Operator Must Keep Register
9.1 The registry operator must keep a register of registry participants.
9.2 The registry participant register must state –
9.2.1 The registration information provided by the registry participant in accordance with rule 7; and
9.2.2 The date on which the registry participant was recorded on the registry participant register; and
9.2.3 The date on which the person ceases to be a registry participant.
10. Changes to Particulars
10.1 Every registry participant must notify the registry operator as soon as practicable –
10.1.1 Of any change in the registry participant's registration information; and
10.1.2 If the person ceases to be a registry participant.
10.2 The registry operator must record the change, and the date of change, in the registry participant register on receipt of the notice.
10.3 The registry operator must publish the change as soon as possible after recording that change.
11. Effect of Registration
11.1 A registry participant is bound by these rules regardless of whether or not the registry participant is recorded on the registry participant register.
12. Effect of Ceasing to be Registry Participant
12.1 A person continues to be liable for all acts and omissions in respect of these rules carried out while the person is a registry participant, despite the fact that the person ceases to be a registry participant, and the person will be deemed to be a registry participant for that purpose.
13. Appointment of Registry Operator
13.1 The industry body must, from time to time, by agreement with a person appoint that person to act as the registry operator.
13.2 The registry operator has the functions, rights, powers, and obligations set out in these rules.
13.3 The term of appointment of a person as the registry operator, and the date on which the term begins, will be as set out in the registry operator service provider agreement.
13.4 The industry body may at any time terminate, re-appoint, or change the appointment of any person as the registry operator subject to the terms of the registry operator service provider agreement.
13.5 The remuneration of the registry operator will be as agreed between the industry body and the registry operator in the registry operator service provider agreement.
13.6 The industry body and the registry operator may agree on any other terms and conditions, not inconsistent with the functions, rights, powers, and obligations of the registry operator under these rules.
14. Other Terms of Registry Operator Service Provider Agreement
14.1 In addition to any other terms and conditions required by these rules, the registry operator service provider agreement must provide for –
14.1.1 The availability levels of the registry ; and
14.1.2 Service response times; and
14.1.3 Registry system upgrades; and
14.1.4 Registry system maintenance; and
14.1.5 Data integrity and recovery of data; and
14.1.6 The handling of faults.
14.2 The registry operator service provider agreement must specify that the registry operator must maintain close contact with distributors, retailers, and meter owners, and provide additional services and support to ensure that the registry remains responsive to and consistent with the needs of the registry participants.
15. Publication of Registry Operator Service Provider Agreement
The industry body must publish the registry operator service provider agreement.
16. Insurance Cover
The registry operator must at all times maintain any insurance cover that is required by the registry operator service provider agreement, on terms and in respect of risks prescribed by the industry body, with an insurer approved by the industry body.
17. Performance Standards to be Agreed
The industry body and the registry operator must, at the beginning of the term of the appointment and at the beginning of each financial year, seek to agree on a set of performance standards against which the registry operator's actual performance must be reported and measured at the end of the financial year.
18. Self-review Must be Carried Out by Registry Operator
18.1 The registry operator must conduct, on a monthly basis, a self-review of its performance.
18.2 The review must concentrate on: –
18.2.1 The registry operator's compliance in the previous month with:
- its obligations under these rules; and
- the terms of the registry operator service provider agreement; and
- any performance standards agreed between the registry operator and the industry body; and
18.2.2 The operation of these rules.
19. Registry Operator Must Report to the Industry Body
19.1 Within 10 business days of the end of each month, the registry operator must provide a written report to the industry body on the results of the review carried out under rule 18.
19.2 The report must contain details of –
19.2.1 Any circumstances identified by the registry operator where it has failed, or may have failed, to comply with any of its obligations under these rules, the terms of the registry operator service provider agreement, or any performance standards agreed between the registry operator and the industry body;
19.2.2 Any area that, in the opinion of the registry operator, an amendment to a rule may need to be considered; and
19.2.3 Any other matter that the industry body reasonably requests provided that the industry body makes its request within a reasonable time before the report is due.
19.3 As soon as practicable after receiving a report under rule 19.1, the industry body must publish that report, provided the industry body may exclude any information it considers to be confidential or commercially sensitive.
20. Review of Registry Operator Performance by the Industry Body
20.1 At the end of each financial year, the industry body may review the manner in which the registry operator has performed its duties and obligations under these rules.
20.2 The review must concentrate on –
20.2.1 The registry operator's compliance in the previous year with:
- its obligations under these rules; and
- the terms of the registry operator service provider agreement; and
- any performance standards agreed between the registry operator and the industry body; and
20.2.2 The operation of these rules.
21. Audits of the Registry and the Registry Operator
21.1 In addition to the review specified in rule 20, the industry body may carry out audits of the records and procedures of the registry and registry operator within normal working hours on reasonable notice.
21.2 In respect of any audit, the registry operator must provide any auditor appointed by the industry body with –
21.2.1 reasonable access to all relevant facilities, personnel, records, and manuals; and
21.2.2 any additional information that the auditor reasonably considers necessary to enable an assessment of whether the registry continues to meet the requirements of these rules.
21.3 In accordance with any provisions in the registry operator service provider agreement between the industry body and the registry operator, the registry operator must implement any changes necessary to give effect to any reasonable recommendations made by the auditor, with the objective of constantly improving services.
Funding of the registry
22. Development Fee
22.1 The development fee is a fee to meet the registry development costs.
22.2 The registry development costs will include –
22.2.1 The capital costs associated with the development of the registry ; and
22.2.2 The costs associated with the appointment of the registry operator; and
22.2.3 The costs of the industry body in connection with the development and establishment of the registry.
22.3 Every person who is a retailer on the commencement date is liable to pay a development fee in accordance with these rules.
22.4 The development fee is payable in respect of all ICPs except those with a status of NEW or DECOMMISSIONED.
23. How and When Development Fee Must be Paid
23.1 The development fee is payable to the industry body.
23.2 As soon as practicable after the commencement date, the industry body must determine and publish on its website a breakdown of the estimated registry development costs.
23.3 No less than 10 business days after publication of the estimated registry development costs, the industry body must invoice every person to whom rule 22.3 applies for that person's share of those costs calculated in accordance with the following formula:
A x (B/C))
Where:
A = the estimated registry development costs; and
B = the number of ICPs to which rule 24.4 applies as at the first business day of each month for which that person is the responsible retailer ; and
C = the total number of ICPs to which rule 24.4 applies as at the first business day of the month.
23.4 As soon as practicable after the go-live date, the industry body must determine and publish on its website a breakdown of the actual registry development costs.
23.5 No less than 10 business days after publication of the actual registry development costs, the industry body must invoice or issue a credit note to every person to whom rule 22.3 applies for the difference between:
23.5.1 That person's share of the actual registry development costs calculated in accordance with the formula in rule 23.3; and
23.5.2 The amount of the estimated registry development costs invoiced to that person.
24. Ongoing Fees
24.1 The ongoing fees are monthly fees to meet the registry ongoing costs.
24.2 The registry ongoing costs will include –
24.2.1 The costs payable to the registry operator in respect of that year ; and
24.2.2 The costs of the industry body associated with the registry and its role under these rules during that year.
24.3 Every person who is a retailer on the first business day of a month is liable to pay ongoing fees for that month in accordance with these rules.
24.4 Ongoing fees are payable in respect of all ICPs except those with a status of NEW or DECOMMISSIONED.
25. How and When Estimated Ongoing Fees Payable
25.1 The estimated ongoing fees are payable to the industry body.
25.2 As soon as practicable after the commencement date, the industry body must determine and publish on its website a breakdown of the estimated registry ongoing costs for the first year or part year of operation of the registry.
25.3 As soon as practicable after publication of the estimated registry ongoing costs for the first year or part year of operation, the industry body must notify every person to whom rule 24.3 applies of the ongoing fees payable by that person in that year or part year calculated in accordance with the following formula:
A x (B/C))
Where:
A = the registry ongoing costs estimated in accordance with rule 25.2 and divided by 12; and
B = the number of ICPs to which rule 24.4 applies as at the first business day of each month for which that person is the responsible retailer ; and
C = the total number of ICPs to which rule 24.4 applies as at the first business day of the month.
25.4 For each year following the first year or part year of operation, the industry body must –
25.4.1 Estimate and publish on its website at least 2 months prior to the beginning of the year a breakdown of the estimated registry ongoing costs for that year ; and
25.4.2 As soon as practicable after publication of the estimated registry ongoing costs, notify each person to whom rule 24.3 applies of the ongoing fees payable by that person in that year calculated in accordance with the formula in rule 25.3.
25.5 On the first business day of each month, the industry body or the registry operator must invoice every person to whom rule 24.3 applies with that person's share of the estimated registry ongoing costs, calculated in accordance with the formula in rule 25.3.
26. How and When Actual Ongoing Fees Payable
26.1 The actual ongoing fees are payable to the industry body.
26.2 As soon as practicable after the end of each year, the industry body must determine and publish on its website a breakdown of the actual registry ongoing costs for that year.
26.3 No less than 10 business days after publication of the actual registry ongoing costs, the industry body or the registry operator must invoice or issue a credit note to each person to whom rule 24.3 applies with the difference between:
26.3.1 That person's share of the actual registry ongoing costs calculated in accordance with the formula in rule 25.3; and
26.3.2 The amount of the estimated registry ongoing costs invoiced to that person during the applicable year.
27. General Provisions Regarding Fees
27.1 The due date for payment of any invoice or refund of any credit is the 10th business day after the date on the invoice or credit note.
27.2 Any person who is liable to pay any fee under rules 22 to 27 inclusive, and who fails to make payment of such fee on or before the date on which it falls due, is liable to pay an additional fee of 10% of the amount of the fee that is unpaid.
27.3 The additional fee becomes payable and due on the 10th business day after the date that the industry body notifies the person that an additional fee is payable.
27.4 The fees payable under rules 22 to 27 inclusive are exclusive of any goods and services tax payable under the Goods and Services Tax Act 1985 and goods and services tax on those fees will be added to the invoices issued under rules 22.3. 25.5 and 26.3.
Notices and receipt of information
28. Giving of Notices
28.1 If these rules require any notice or notification to be given, the notice or notification must be in writing and be –
28.1.1 Delivered by hand to the nominated office of the addressee; or
28.1.2 Sent by post to the nominated postal address of the addressee; or
28.1.3 Sent by facsimile to the nominated facsimile number of the addressee; or
28.1.4 Sent by electronic transmission or any other similar method of electronic communication to the appropriate nominated electronic address of the addressee.
28.2 In the case of an emergency, a person may give notice other than in accordance with rule 28.1, but the person must as soon as practicable, confirm the notice in writing and by a method set out in rule 28.1.
29. When Notices Taken to be Given
In the absence of proof to the contrary, notices are taken to be given –
29.1 In the case of notices delivered by hand to a person, when actually received at that person's address;
29.2 In the case of notices sent by post, at the time when the letter would in the ordinary course of post be delivered; and in proving the delivery, it is sufficient to prove that the letter was properly addressed and posted;
29.3 In the case of notices sent by fax, at the time indicated on a record of its transmission;
29.4 In the case of notices sent by electronic transmission or any other similar method of electronic communication, at the time –
29.4.1 The computer system used to transmit the notice has received an acknowledgment or receipt to the electronic mail address of the person transmitting the notice; or
29.4.2 The person who gave the notice proves the notice was transmitted by computer system to the electronic address provided by the addressee.
30. Entering Information in the Registry
For the purposes of these rules, any reference to entering information in the registry means an attempt by the responsible distributor, responsible retailer, or responsible meter owner to enter information in the registry by electronic transmission or any other similar method of electronic communication (for example and without limitation, using a web browser or file batch transfer).
31. Registry Acceptance or Rejection of Information and Notices
31.1 For the purposes of these rules –
31.1.1 Any reference to the acceptance of information in the registry or the giving of notices to the registry means that the attempt to enter information in the registry or to give a notice to the registry has been successful and the information or the notice is recorded in the registry ; and
31.1.2 Any reference to the rejection of information by the registry or the rejection of a notice by the registry means that the attempt to enter information in the registry or to give the notice to the registry has been unsuccessful and that the information or the notice is not recorded in the registry.
31.2 If these rules require the registry to give a notice to a distributor, retailer, or meter owner stating that any information or notice provided by the party concerned has been rejected by the registry, the notice must include the time and date that the notice was rejected by the registry and the reason for the rejection.
32. Registry Notice of Changes to ICP Parameter Values
32.1 For the purposes of these rules, if the registry is required to give a notice to a distributor, retailer or meter owner because a change to an ICP parameter value has been accepted in the registry, the notice must identify the ICP and ICP parameter concerned, and include the new value of the ICP parameter, the date in respect of which the change was made, and the time and date that the change was made in the registry.
32.2 Where the registry is required to give notice of the change to an ICP parameter value, one notice shall be provided for each day in respect of which a change was made to that ICP parameter value, meaning that if more than one change was made the notice will provide the net result of the changes to the ICP parameter value for that day.
Access to the registry
33. Registry Access
33.1 The industry body, in consultation with registry participants, must determine:
33.1.1 Report access restrictions in respect of each distributor, retailer, and meter owner; and
33.1.2 The times within which registry participants require reports requested by them to be provided by the registry ; and
33.1.3 The bounds of the information viewed by any party as a result of an address search conducted on ICPs in the registry.
33.2 Subject to rule 33.1.1, every registry participant shall have report access to current and historical values of all ICP parameter s for all ICPs in the registry.
33.3 Subject to rule 33.1.2, registry participants may request the registry operator to provide customised reports on any or multiple ICPs.
33.4 Subject to rule 33.1.3, the following persons shall have view access to any of the information accepted in the registry in relation to any individual ICP :
33.4.1 Every registry participant; and
33.4.2 Any other person authorised by the industry body to have view access to the registry.
33.5 The following persons shall have write access to ICP parameter values in the registry in relation to any individual ICP :
33.5.1 Every distributor, retailer, and meter owner in relation to the initial population of the registry as set out in rules 41 and 42;
33.5.2 Every distributor, retailer, and meter owner in relation to the creation and readying of new ICPs as set out in rules 51 to 56;
33.5.3 Every distributor, retailer, and meter owner in relation to maintaining the values of the ICP parameter each ICP for which they are responsible as set out in rules 58 to 62; and
33.5.4 The registry operator as may from time to time be approved by the industry body, in consultation with affected registry participants.
Other provisions relating to the registry and registry participants
34. Obligation of Registry Participants to Act Reasonably
34.1 In light of the purpose of the registry as set out in rule 39, every registry participant must act reasonably in relation to its dealings with the registry and, in doing so, must use its reasonable endeavours to co-operate with other registry participants.
34.2 Rule 34.1 does not limit any other obligations a registry participant may have under these rules.
35. Other Obligations of Registry Participants
35.1 Each registry participant must ensure that any software for the registry is used in a proper manner by competent employees or by persons under the supervision of those employees.
35.2 No registry participant may request, permit, or authorise anyone other than the registry operator to provide support services in respect of any software for the registry.
35.3 Each registry participant must appoint a nominated manager to be responsible for all of that registry participant's communications with the registry.
36. Use of ICP Identifier on Invoices
36.1 Every retailer must ensure that the relevant ICP identifier is printed on any invoice or associated documentation relating to the sale of gas by the retailer to a consumer.
36.2 The ICP identifier must be clearly labelled "ICP" on the invoice.
37. Consumer Queries
Every retailer and distributor must advise any consumer (or any person authorised by the consumer) of the consumer's ICP identifier within 3 business days of receiving a request for that information.
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