| 2. Interpretation—(1) In these regulations, unless the context otherwise requires,— |
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"the Act" means the Electricity Act 1992: |
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"Amortisation of goodwill" means goodwill that has been charged in the statement of financial performance for the financial year: |
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"Amortisation of other intangibles" means other intangibles (apart from goodwill) that have been charged in the statement of financial performance for the financial year: |
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"Avoided transmission charge" means any expense to the line business activities of the line owner arising from generation or any other activity which substitutes for use of the transmission system: |
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"Contract" means a contract for the supply of goods or services, or both, whether or not the contract, or any part of the contract, is in writing; and, for the avoidance of doubt, includes— |
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(a) A contract under which goods or services, or both, are being supplied, although some or all of the terms and conditions in relation to the supply of those goods or services have not been settled; and |
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(b) Any operating agreement, side letter, or documentation that influences, adjusts, or amends the terms and conditions of that contract: |
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"Depreciated replacement cost" means the depreciated replacement cost as calculated in accordance with the methodology in the ODV Handbook: |
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"Depreciation" has the same meaning as in generally accepted accounting practice: |
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"Direct expenditure", in relation to the business of a line owner,— |
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(a) Means expenditure that is directly related to operating or maintaining that business; and |
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(b) Includes all expenditure that— |
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(i) Is directly related to managing that line owner's system; or |
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(ii) Is made for the purpose of maintaining, or that has the effect of maintaining, the service potential of any fixed asset that is part of that system; but |
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(c) Does not include— |
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(i) Indirect expenditure, capital expenditure, depreciation, interest expense, amortisation of goodwill and amortisation of other intangibles, subvention payments, or income tax: |
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(ii) Any expenditure made in relation to any asset that is subject to a finance lease: |
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(iii) Any transmission charges: |
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(iv) Any avoided transmission charges |
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"Distributed generation" means a generator or generators that are connected to a local distribution network, or to an end-user load that is connected to a local distribution network, and not directly connected to the transmission system:
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"Electric line", in relation to any works or electrical installation, means any part of those works or that electrical installation that consists of any wire or other conductor that is capable of conveying electricity at a voltage equal to or greater than 230/400 volts, whether that wire or conductor is above or below the ground; but does not include— |
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(a) Fixed wiring: |
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(b) Street light circuits: |
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(c) Pilot cables: |
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(d) Trolley bus lines or cables: |
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(e) Tram lines or cables: |
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"Electricity generator" means any person that has assets that, whether taken individually or as a whole, have a rated electricity generating capacity equal to or greater than 10 megawatts: |
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"Electricity Information Disclosure Handbook" means the handbook issued from time to time by the Secretary and entitled "Electricity Information Disclosure Handbook": |
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"Electricity lines business" has the same meaning as in section 4 of the Electricity Industry Reform Act 1998: |
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"Electricity retailer" means a person who supplies electricity to another person or persons for any purpose other than for resupply by the other person or persons; and "electricity retailing" has a corresponding meaning: |
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"Electricity supply business" has the same meaning as in section 5 of the Electricity Industry Reform Act 1998: |
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"Entity" includes, as the case may be,— |
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(a) Any person within the meaning of section 4 of the Acts Interpretation Act 1924: |
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(b) Any subsidiary of any such person: |
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(c) Any part or division of any such person as determined in accordance with the allocation methodology in the Electricity Information Disclosure Handbook: |
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"Equity security" has the same meaning as in section 2 (1) of the Securities Act 1978: |
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"Financial statements" means— |
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(a) A statement of financial position; and |
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(b) A statement of financial performance; and |
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(c) A statement of cash flows; and |
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(d) A statement of movements in equity; and |
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(e) Notes to the statements referred to in paragraphs (a) to (d), including information relating to transactions between related parties as required by regulation 9; and |
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(f) A statement of accounting policies— |
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prepared in accordance with generally accepted accounting practice: |
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"Financial year" means,— |
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(a) For the purposes of the application of regulations 5 and 23 and Part 4 to Transpower, a period of 12 months commencing on 1 July in any year and ending with 30 June in the following year: |
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(b) In any other case, a period of 12 months commencing on 1 April in any year and ending with 31 March in the following year: |
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"Fixed assets", in relation to the business of a line owner,— |
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(a) Means— |
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(i) Those line business assets of the business that are tangible in nature and have a relatively long useful life; and |
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(ii) The capitalised value of any line business assets of the business that are subject to a finance lease; and |
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(iii) Any works that are under construction and will be used for the purposes of any line business activity of that line owner; but |
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(b) Does not include— |
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(i) Any intangible assets; or |
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(ii) Any security: |
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"Fixed wiring" means the conductors of an electrical installation within a building, connectable installation, enclosure, or other structure: |
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"Generally accepted accounting practice" has the same meaning as in section 3 of the Financial Reporting Act 1993: |
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"Income tax" means the amount of income tax charged or credited (at current rates of income tax) in the statement of financial performance for the financial year: |
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"Independent auditor", in relation to any information to which regulation 31 applies, means a person who— |
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(a) Is qualified for appointment as auditor of a company under the Companies Act 1993; and |
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(b) Has no relationship with, or interest in, the person that is required, by any provision of these regulations, to publicly disclose— |
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(i) That information; or |
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(ii) In the case of a valuation to which regulation 31 (4) applies, information based on that valuation,— |
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being a relationship or interest that is likely to involve that first-mentioned person in a conflict of interest; and |
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(c) In the case of a valuation to which regulation 31 (4) applies, was not involved in the preparation of that valuation: |
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"Indirect expenditure", in relation to the business of a line owner,— |
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(a) Means expenditure that is not directly related to operating or maintaining that business; and |
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(b) Includes all expenditure that— |
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(i) Is not directly related to managing that line owner's system; or |
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(ii) Is made for a purpose other than maintaining, and does not have the effect of maintaining, the service potential of any fixed asset that is part of that system; but |
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(c) Does not include— |
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(i) direct expenditure, capital expenditure, depreciation, interest expense, amortisation of goodwill and amortisation of other intangibles, subvention payments, or income tax: |
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(ii) Any expenditure made in relation to any asset that is subject to a finance lease: |
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(iii) Any transmission charges: |
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(iv) Any avoided transmission charges: |
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"Intangible assets" means total intangible assets (including goodwill) as shown in the statement of financial position for the financial year: |
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"Interest expense" means interest on debt, where that interest is treated as expenses in a statement of financial performance; but does not include any charges or fees relating to the debt that are not treated as interest: |
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"Line business activity" means any of the following: |
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(a) The provision and operation of works for the conveyance of electricity, including the control of voltage; or |
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(b) The conveyance of electricity; or |
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(c) The ownership of works used for the conveyance of electricity, including the control of voltage: |
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"Line business asset" means any asset of a line owner that is used for any line business activity of that line owner: |
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"Line charge" means any charge imposed in respect of the carrying out of any line business activity by any person or persons: |
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"Network connection point" means a point where a supply of electricity may flow between— |
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(a) In the case of Transpower, the transmission system and the electric lines of a line owner, or a consumer supplied directly from the transmission system: |
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(b) In the case of any other line owner, the electric lines of that line owner and the electrical installation of a consumer or consumers, as the case may be, but excluding points where there is no meter at that point or downstream from that point: |
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"Non-standard contract" means any contract that is not a standard contract: |
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"ODV Handbook" means the handbook issued from time to time by the Secretary and entitled 'Handbook for Optimised Deprival Valuation of Electricity Line Businesses': |
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"ODV method" means the method of valuation of assets known as optimised deprival valuation: |
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"Optimised depreciated replacement cost" means the optimised depreciated replacement cost, as calculated in accordance with the methodology in the ODV Handbook: |
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"Prescribed business relationship" has the meaning given to it in regulation 3: |
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"Prescribed terms and conditions",— |
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(a) In relation to a contract for the carrying out of line business activities, means those terms and conditions of the contract that— |
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(i) Describe the goods or services to be supplied under the contract; or |
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(ii) Determine, or provide for the determination of, the quantity or amount of the goods or services to be supplied under the contract; or |
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(iii) Specify, determine, or provide for the determination of,— |
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(A) The price at which those activities are to be carried out: |
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(B) The timing of payment for those goods or services: |
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(C) Security for payment for the goods or services: |
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(b) In relation to a contract for related services, means those terms and conditions of the contract that— |
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(i) Describe the goods or services to be supplied under the contract; or |
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(ii) Determine, or provide for the determination of, the quantity or amount of the goods or services to be supplied under the contract; or |
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(iii) Specify, determine, or provide for the determination of,— |
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(A) In relation to the goods or services to be supplied under the contract, the price at which those goods or services are to be supplied: |
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(B) The timing of payment for those goods or services: |
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(C) Security for payment for those goods or services: |
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"Prescribed voltage electric line" means an electric line that is capable of conveying electricity at a voltage equal to or greater than 3.3 kilovolts: |
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"Previously been published or publicly disclosed" means published or publicly disclosed in accordance with these regulations or the Electricity (Information Disclosure) Regulations 1994: |
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"Principal office" means the office used by an electricity generator, line owner, or electricity retailer, as the case may be, as its principal trading office in any particular city, town, or geographical area: |
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"Publicly disclose", in relation to any information required by these regulations to be made available, means to make that information available in the following ways: |
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(a) By making copies of that information available for inspection, during ordinary office hours, at the principal office; and |
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(b) At the request of any person, by providing the person with a copy of that information, either— |
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(i) By post; or |
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(ii) For collection, during ordinary office hours, from the principal office,— |
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whichever the person requesting the information prefers;— |
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and the term "public disclosure" has a corresponding meaning: |
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"Publish" means to publish in the Gazette and on the Internet: |
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"Related party" and "related party transactions" are to be determined in accordance with generally accepted accounting practice: |
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"Related services" means goods or services (other than the supply of electrical appliances) supplied or to be supplied under a contract in any case where— |
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(a) There is a linkage between that contract for the supply of the goods and services and another contract for the conveyance of electricity by reason that the consideration for the supply of those goods or services is linked to, or combined with, payment for the conveyance of that electricity; and |
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(b) The monetary value of the goods or services supplied, or to be supplied, amounts to or (as the case may be) will amount to more than 1% of the monetary value or projected monetary value (as the case may be) of the contract for the conveyance of electricity, in respect of either the period of 12 months immediately before, or the period of 12 months immediately after, the public disclosure of the information relating to the contract for the conveyance of electricity as required by Part 3: |
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"Replacement cost" means the replacement cost as calculated in accordance with the methodology in the ODV Handbook: |
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"Security" has the same meaning as in section 2 (1) of the Securities Act 1978: |
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"Service potential", in relation to an asset, means the output or service capacity of that asset, determined by reference to attributes such as physical output capacity, associated operating costs, useful life, and quality of output: |
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"Standard contract" means any contract (being a contract for the carrying out of line business activities) between a line owner and any other person, where— |
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(a) The price at which the line business activities are to be carried out under the contract is determined solely by reference to a schedule of prescribed terms and conditions, being a schedule that is publicly disclosed; and |
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(b) At least 4 other persons each have such contracts with the line owner, and none of those other persons is in a prescribed business relationship with the line owner or with any of the other persons: |
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"State enterprise"— |
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(a) Means a State enterprise within the meaning of section 2 of the State-Owned Enterprises Act 1986 that is a generator of electricity; and |
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(b) Includes any subsidiary of any such State enterprise; but |
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(c) Does not include Transpower: |
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"Subsidiary" has the same meaning as in section 2 (1) of the Financial Reporting Act 1993: |
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"Subvention payment" means the amount paid by 1 entity to another within the same taxation group, as referred to in section IG 1 of the Income Tax Act 1994: |
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"System" means all works of a line owner that are used or intended to be used for the conveyance or supply of electricity: |
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"System fixed assets" means all fixed assets of a line owner that are used or intended to be used for the conveyance or supply of electricity; but does not include— |
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(a) Stores and spares over and above any levels prescribed in the ODV Handbook; or |
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(b) Works that are under construction: |
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"System length", means the total circuit length (in kilometres) of the electric lines that form part of the system: |
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"Time-weighted average", in relation to a value, number or length, means the number calculated as a weighted average, and taking account of any change in the business of the line owner, whether resulting from a purchase, merger, takeover, part-disposal, or other similar occurrence, during the financial year in accordance with the following formula: |
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where—
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is the value, number, or length, as the case may be, applying to that entity at the beginning of that financial year |
| ma, mx, and mz |
sum to 12, and are the rounded numbers of months in that financial year during which the value, number, or length applying to that entity was, respectively, a, x, and z |
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is the value, number, or length, as the case may be, applying to that entity following each purchase, merger, takeover, part-disposal, or other similar occurrence in cases where there were more than 1 such event during the financial year, where for each such event there is an x and an mx |
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is the value, number, or length, as the case may be, applying to that entity at the end of that financial year. | |
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"Total consumers" means the number of network connection points to which electricity is conveyed by means of works owned by that line owner: |
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"Transformer capacity", in relation to a system, means the total capacity (in kilovolt amperes) of the following transformers within the system: |
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(a) Those transformers with secondary voltages of 230 volts or 400 volts (using the lower continuous rating if a dual rating is applied); and |
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(b) Any other transformers operating at voltages higher than those specified in paragraph (a) and through which electricity consumers are directly supplied with electricity (using the lower continuous rating if a dual rating is applied): |
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"Transmission charge" means any payment made in respect of the use of the transmission system: |
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"Transmission system" means the system owned by Transpower: |
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"Transpower" means Transpower New Zealand Limited. |
| (2) For the purposes of these regulations, a line business activity is a line business activity of a line owner (including Transpower) if,— |
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(a) In the case of a line business activity referred to in paragraph (a) or paragraph (b) of the definition of that term in subclause (1), that activity is carried out, by that line owner or any other person, by means of assets owned by that line owner; and |
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(b) In the case of the line business activity referred to in paragraph (c) of that definition, that activity is carried out by that line owner. |
| (3) A reference in these regulations to a numbered form is a reference to a form so numbered in Schedule 3. |
| (4) Where any expression used in these regulations is not defined in these regulations but is defined in the Act, that expression, unless the context otherwise requires, has, in these regulations, the meaning given to it by the Act. |
| (5) An example used in these regulations is only illustrative of the provision to which it relates. It does not limit the provision. |
| (6) If an example and the provision to which it relates are inconsistent, the provision prevails. |