New Zealand Acts

COMMERCE ACT 1986 - SECT 55A

55A Meaning of gas pipeline services

1 In this subpart, unless the context otherwise requires,
"gas pipeline services" means the conveyance of natural gas by pipeline, including the assumption of responsibility for losses of natural gas.

2 However, none of the following are gas pipeline services:

a) conveying natural gas to a gas processing facility:

b) conveying natural gas if the total amount of gas conveyed to consumers by the supplier is less than 75 000 gigajoules per annum:

c) conveying natural gas by a pipeline that is listed in the second column of Schedule 6 .

3 The gas conveyed, when measured in relation to a supplier includes, for the purposes of subsection (2)(b), the gas conveyed by any associate of the supplier.

4 In this section, unless the context otherwise requires,—  
"associate" has the same meaning as in section 12 of the Electricity Industry Reform Act 1998     
"consumer" has the same meaning as in section 2(1) of the Gas Act 1992     
"container" has the same meaning as in section 2(1) of the Gas Act 1992     
"gas refueller" has the same meaning as in section 2(1) of the Gas Act 1992     
"pipeline" —  

a) means everything used, or designed or intended for use, (whether above or below ground) in or in connection with the conveyance of natural gas between—

i) the boundary of the gas field or gas processing facility to the point of supply to a consumer or gas refueller; or

ii) the outlet of the container in which gas is stored to the point of supply to a consumer or gas refueller; but

b) excludes meters.

5 The Governor-General may, by Order in Council made on the recommendation of the Minister, amend Schedule 6 by—

a) adding any pipeline:

b) deleting any pipeline:

c) changing the description of any pipeline or its owner.

6 The Minister may make a recommendation for the purpose of subsection (5) only if the Minister is satisfied that—

a) the Commission has made a recommendation to the same effect; and

b) in the case of a recommendation to add a pipeline, the gas pipeline services are supplied in a market where the owner of the pipeline does not have a substantial degree of market power; and

c) in the case of a recommendation to delete a pipeline, the gas pipeline services are supplied in a market where the owner of the pipeline has a substantial degree of market power; and

d) the Commission has consulted (without necessarily holding an inquiry) with interested parties.

7 An order under subsection (5) is secondary legislation (see Part 3 of the Legislation Act 2019 for publication requirements).

History: Section 55A: inserted, on 14 October 2008, by section 4 of the Commerce Amendment Act 2008 (2008 No 70).   Section 55A(7): inserted, on 28 October 2021, by section 3 of the Secondary Legislation Act 2021 (2021 No 7).