New Zealand Acts

COMMERCE ACT 1986 - SECT 54C

54C Meaning of electricity lines services

1 In this subpart, unless the context otherwise requires,
"electricity lines services" —

a) means the conveyance of electricity by line in New Zealand; and

b) with respect to services performed by Transpower, includes services performed as system operator.

2 However, none of the following are electricity lines services:

a) conveying electricity solely for the supplier’s own consumption or for the consumption of the supplier’s associates:

b) conveying electricity only from a generator to the national grid or from the national grid to a generator:

c) conveying electricity (other than via the national grid) only from a generator to a local distribution network or from a local distribution network to a generator:

d) conveying electricity by lines that are not connected, directly or indirectly, to the national grid:

e) conveying electricity only by a line or lines that are mostly in competition with a line or lines operated by another supplier of electricity lines services that is not an associate of the person, provided that the competition is actual competition and not potential competition:

f) conveying electricity if the total circuit length of all of the prescribed voltage electric lines provided by the supplier (or over which electricity is conveyed by the supplier, as the case may be) is less than 25 kilometres:

g) conveying electricity if the total amount of electricity conveyed to consumers by the supplier is less than 20 gigawatt hours per annum:

h) conveying electricity if the total number of consumers to whom the supplier conveys electricity is less than 500.

3 The prescribed voltage electric lines, the electricity conveyed, or the number of consumers to whom electricity is conveyed, when measured in relation to a supplier include, for the purposes of subsection (2)(f) to (h), the lines provided by, electricity conveyed by, or number of consumers of, any associate of the supplier.

4 In this section, unless the context otherwise requires,—  
"associate" has the same meaning as in section 73 of the Electricity Industry Act 2010     
"consumer" has the same meaning as in section 2(1) of the Electricity Act 1992     
"lines" has the same meaning as in section 2(1) of the Electricity Act 1992     
"national grid" has the same meaning as in section 5 of the Electricity Industry Act 2010     
"prescribed voltage electric line" means a line that is capable of conveying electricity at a voltage equal to or greater than 3.3 kilovolts.  

History: Section 54C: inserted, on 1 April 2009, by section 4 of the Commerce Amendment Act 2008 (2008 No 70).   Section 54C(1): substituted, on 1 November 2010, by section 150(1) of the Electricity Industry Act 2010 (2010 No 116).     Section 54C(4) associate: amended, on 1 November 2010, by section 150(2) of the Electricity Industry Act 2010 (2010 No 116).     Section 54C(4) national grid: amended, on 1 November 2010, by section 150(3) of the Electricity Industry Act 2010 (2010 No 116).