Part 1 - General Provisions
General provisions
4. Interpretation
4.1 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.
4.2 In these rules, unless the context otherwise requires,-
Act means the Gas Act 1992;
business day means any day of the week except –
(a) Saturday and Sunday; and
(b) 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
(c) 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;
commissioning date means the date on which a gas processing facility is commissioned by the facility owner;
facility owner means the whole or part owner of a gas processing facility;
gas processing facility means a facility which separates the various constituents of the fluid from a well so as to remove impurities and provide specification gas and gas liquids;
industry body means the industry body approved by the Governor General by Order in Council under section 43ZL of the Act. In the event that the approval of the industry body is revoked under section 43ZM of the Act, all references to the industry body shall be treated as references to the Commission;
rules means these Gas (Processing Facilities Information Disclosure) Rules 2008 as may be amended from time to time.
Scope
Scope
5. Obligation to disclose information
5.1 All facility owners must disclose information in accordance with these rules.
5.2 Notwithstanding rule 5.1, for the purposes of these rules, if a gas processing facility is owned by more than one party it will be sufficient for one of those parties to disclose the information required in respect of that gas processing facility.
Notices and receipt of information
6. Giving of notices
6.1 If these rules require any notice or notification to be given, the notice or notification must be in writing and be –
6.1.1 Delivered by hand to the nominated office of the addressee; or
6.1.2 Sent by post to the nominated postal address of the addressee; or
6.1.3 Sent by facsimile to the nominated facsimile number of the addressee; or
6.1.4 Sent by electronic transmission or any other similar method of electronic communication to the appropriate nominated electronic address of the addressee.
6.2 An office, postal address, facsimile number and electronic address is nominated for the purposes of rule 6.1 if the party making the nomination provides written notice of such nomination to the registered office of the other party.
6.3 In the case of an emergency, a person may give notice other than in accordance with rule 6.1, but the person must as soon as practicable, confirm the notice in writing and by a method set out in rule 6.1.
7. When notice taken to be given
In the absence of proof to the contrary, notices are taken to be given,-
7.1 In the case of notices delivered by hand to a person, when actually received at that person's address;
7.2 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;
7.3 In the case of notices sent by fax, at the time indicated on a record of its transmission;
7.4 In the case of notices sent by electronic transmission or any other similar method of electronic communication, at the time: –
7.4.1 The computer system used to transmit the notice has received an acknowledgment or receipt addressed to the electronic mail address of the person transmitting the notice; or
7.4.2 The person who gave the notice proves the notice was transmitted by computer system to the electronic address provided by the addressee.
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