The commission, pursuant to section 81 of the Electricity Industry Reform Act 1998, exempts URBUS Property Limited ("URBUS") 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, that:
(a) URBUS shall not charge any tenant it supplies with electricity, for the use of or related to, any electricity lines business that URBUS owns or operates;
(b) URBUS shall not prevent the access to its electricity lines, on reasonable terms and within a reasonable time, that any electricity supply business may require to supply electricity to any tenant connected to such lines;
(c) URBUS shall not enforce any clause in any lease or other agreement with its tenants that requires a tenant to be supplied with electricity by URBUS, so that any tenant shall be free to choose that tenant's electricity supplier;
(d) URBUS will use its best endeavours to provide such reasonable information that any tenant taking a supply of electricity from URBUS may request to enable that tenant to assess competitive options available to it for the supply of electricity;
(e) URBUS does not generate electricity;
(f) only administration costs directly relating to the provision of the lines service by URBUS may be passed on to tenants;
(g) any administration costs must be clearly identified as such in tenants' invoices; and
(h) URBUS provide to the commission on 30 June each year, all information necessary to demonstrate, to the commission's satisfaction, compliance by URBUS with (f) and (g) above.
The commission may vary or revoke this exemption in accordance with section 81 (5) of the Electricity Industry Reform Act 1998.
The exemption takes effect from the date of publication of this notice in the New Zealand Gazette.