• Application for exemption form   [application/msword, 39KB]

The Electricity Commission has an exemption power under Regulation 194 of the Electricity Regulations 2003. Some guidance about applying for an exemption is given below, together with a format for applying for an exemption.

What laws can the Commission give an exemption from?

You may apply to the Commission for an exemption from compliance with any provision of the Electricity Governance Rules (Rules). No exemptions can be given from compliance with the Electricity Governance Regulations.

Who can apply?

Any participant may apply for an exemption. The Electricity Governance Regulations set out who is a participant. You may also have to refer to the Electricity Act 1992, and the amendments made to it by the Electricity Amendment Act 2001.

When is an exemption required?

The Commission does not generally offer advice on whether in the circumstances an exemption may be required; this is something that participants identify for themselves. The Commission will ask for the applicant’s reasons for making the application. This is to ensure that the Commission has a good understanding of all the practical consequences of making the exemption.

Do I need a lawyer to apply for an exemption?

Compliance with the Rules may involve issues about the interpretation and application of the law. Where these kinds of complexities arise we recommend that you seek legal advice before making an application. The Commission expects that in most cases the reasons underlying an application will be practical ones. In those cases legal advice may not be necessary. If you do want to involve a lawyer you may do so in any case.

How do I apply for an exemption?

Your application should be in writing and addressed to General Counsel, Electricity Commission. Our postal and fax addresses are listed below. If you prefer you can send your application on disk in Word format or by e-mail to info@electricitycommission.govt.nz. A hard copy of your application should also be forwarded.

What is required in an application for an exemption?

The attached table [Word 27kb] sets out a format for an exemption application. We recommend that you follow the format to ensure that all the necessary information is provided and to avoid delays caused by an incomplete application.

How long does it take?

The time it takes to process an application depends on whether any difficult questions arise. You need to let us have all the information promptly and allow us sufficient time to process the application. Processing time depends on the nature of the application and the resources available within the Commission when you apply. Time must also be allowed for seeking comments from other participants and publishing in the Gazette. If your application is urgent you must provide a timeframe within which (a) a decision is needed, and (b) any exemption granted needs to be Gazetted. You must also provide reasons for any request for urgent consideration.

What steps are involved?

• Application considered by staff
  Your application is considered by Commission staff, who prepare a memorandum for Members of the Commission to consider. You may be asked to provide further information at this stage. This process is speeded up when the applicant provides quality information at the time of application, and responds to queries promptly.
• Consideration by Commission Members
  When the memorandum is finalised it is put to a Commission or subcommittee meeting for consideration.
• Notice drafted by staff
  If the application is approved Commission staff will prepare the exemption notice.
• Notification in the New Zealand Gazette
  The Commission must give notice of the exemption in the Gazette, which is published each Thursday. If a notice is not ready in time to meet the midday Tuesday deadline for the Gazette, it may be possible to arrange for a supplementary Gazette to be published at your cost. A supplementary Gazette costs approximately $700 including GST. In most cases an exemption does not come into force until at least the day after it has been notified in the Gazette.

The Commission will also make the exemptions available on its website. In addition, members of the public may inspect copies at the Commission’s offices during ordinary business hours.

How do we know that an approved exemption has been gazetted?

You should check the Gazette before seeking to rely on an exemption notice.

Where can we get a copy of the notice?

Exemption notices are sold by Bennetts Bookshops and some Whitcoulls stores. Bennetts Bookshop in Wellington has all legislation and provides a mail service throughout the country. Contact them by phone 04 499 3433 or fax 04 499 3375.

Exemption Policy Note

The contents of applications for exemption will be subject to the Official Information Act 1982 and the Privacy Act 1993. If a request is received under those Acts for information contained in an application, the Commission would be required to consider release of the application, in whole or in part, in terms of the criteria set out in these Acts. In providing your application, please advise if you have any objections to the release of any information contained in your application, and, if you do object, the parts of your application you would wish withheld, and the grounds for withholding. In addition, information in applications will be discussed with the service providers as appropriate. In providing your application, please advise if you have any objections to the release of any information contained in your application to service providers and the reasons for such objections.