The Commerce Commission, in accordance with clause 9
of the Electricity Distribution (Information Disclosure Requirements) 2008 ("the 2008 ID Requirements"), exempts all electricity distribution businesses* (EDBs) from
the requirement to disclose information under the 2008
ID Requirements made pursuant to the (repealed) Part 4A
of the Commerce Act 1986, for the year ended 31 March 2012, by 31 August 2012.
1. We are currently developing new information disclosure requirements ("new ID requirements") for EDBs pursuant to Part 4 of the Commerce Act 1986. Our draft decision is that these requirements will apply to information disclosed for the year ended 31 March 20121.
2. Our revised Draft Information Disclosure Determination dated 6 July 2012 ("the revised draft ID Determination") provides that EDBs must disclose information for the
12 months ending 31 March 2012, by 31 December 20122. If we confirm this in our final decisions on new ID requirements, EDBs will not be required to disclose information for the year ended 31 March 2012, under the 2008 ID Requirements.
3. In our Process Update Paper on Information Disclosure Requirements for Electricity Distribution Businesses and Gas Pipeline Businesses dated 23 May 2012, we stated that if, in our final decision we decide that the new
ID requirements will not apply to EDBs until the 2013 disclosure year, we will grant an exemption in relation
to disclosure deadlines under clause 9 of the 2008
ID Requirements, with respect to the disclosures in clauses 3, 4, 6 and 7(5) so that EDBs will not
be required to disclose information under the 2008
ID Requirements before 31 December 2012.
4. This exemption applies until the date on which the
ID Determination is published in the New Zealand Gazette.
5. Accordingly, EDBs are required to disclose information under clauses 3, 4, 6 and 7(5) of the 2008
ID Requirements, for the year ended 31 March 2012, by 31 December 2012.
This exemption takes effect from 31 July 2012.
Dated at Wellington this 1st day of August 2012.
COMMERCE COMMISSION.
*electricity distribution business has the meaning set out in the 2008
ID Requirements.
Annotation of Notes
1Commerce Commission, Information Disclosure Requirements for Electricity Distribution Businesses and Gas Pipeline Businesses: Draft Reasons Paper, 16 January 2012, page 101; Commerce Commission, Information Disclosure Requirements for Electricity Distribution Businesses and Gas Pipeline Businesses: Update Paper for Technical Consultation,
6 July 2012, page 37.
2Commerce Commission, Draft Commerce Act (Electricity Distribution Services Information Disclosure) Determination 2012, 6 July 2012, clause 2.12.1.
3Commerce Commission Information Disclosure Requirements for Electricity Distribution Businesses and Gas Pipeline Businesses Process Update Paper, 23 May 2012, paragraph 16.