The commission, pursuant to section 81 of the Electricity Industry Reform Act 1998, exempts Tower Limited and its subsidiary, Tower Property Nominees Limited, from the application of section 17 of that Act in relation to prohibited cross-involvements in an electricity lines business and an electricity supply business.
The exemption is subject to the following terms and conditions:
(a) That Tower Limited and its subsidiaries shall not introduce a charge to any consumer they supply with electricity, for the use of or related to any electricity lines business that Tower Limited or any of its subsidiaries may own or operate.
(b) That Tower Limited and its subsidiaries shall not prevent the access to their electricity lines, on reasonable terms and within a reasonable time, that any electricity supply business may require to supply electricity to any consumer connected to such lines.
(c) That Tower Limited and its subsidiaries shall not enforce any clause in any lease or other agreement with their tenants which requires a tenant to be supplied with electricity by Tower Limited or its subsidiaries, so that any tenant shall be free to choose that tenant's electricity supplier.
(d) That Tower Limited and its subsidiaries will use their best endeavours to provide such reasonable information that any tenant taking a supply of electricity from Tower Limited or its subsidiaries may request to enable that tenant to access competitive options available to it for the supply of electricity.
(e) That Tower Limited and its subsidiaries do not generate electricity.
The exemption takes effect from the date of publication of this notice in the New Zealand Gazette.
The commission may vary or revoke this exemption in accordance with section 81 (5) of the Electricity Industry Reform Act.