Electricity Industry Amendment Act 2022

1: Title
This Act is the Electricity Industry Amendment Act 2022.
2: Commencement
1: This Act comes into force on the day after the date on which it receives the Royal assent.
2: However, section 10
3: Principal Act
This Act amends the Electricity Industry Act 2010 2022-09-01 Electricity Industry Act 2010 Excluding section 10 2022-12-31 Electricity Industry Act 2010 Section 10 only; see s 2(2).
1: Amendments to principal Act
4: New section 2A inserted (Transitional, savings, and related provisions)
After section 2
2A: Transitional, savings, and related provisions
The transitional, savings, and related provisions set out in Schedule 1
5: Section 5 amended (Interpretation)
1: In section 5 Code Code Electricity Industry Participation Code
2: In section 5 load aggregator interruptable interruptible
3: In section 5 assets business distribution agreement section 44A(1) manager
a: means a person who, whether alone or jointly with any other person, manages, or directs or supervises the management of, the whole or a substantial part of the business and affairs of the person; and
b: includes,—
i: in relation to a trust, a trustee:
ii: in relation to a local authority, a member; but
c: does not include,—
i: in relation to a body corporate, a director of that body corporate:
ii: in relation to a business in which a local authority or any other person has an interest, a member of that local authority or manager of that person only as a result of that person having that position small business consumer
a: that is in a class specified in regulations made under section 113A
b: if no such regulations have been made, that consumes less than 40 MWh of electricity per year
6: New section 6A inserted (Meaning of involved in)
After section 6
6A: Meaning of involved in
1: In this Act, unless the context otherwise requires, a person is involved in
a: carries on a business as an industry participant, either alone or together with its associates and either on its own or another’s behalf; or
b: exceeds the 10% threshold in respect of a business that is an industry participant; or
c: has material influence over a business that is an industry participant.
2: A person exceeds the 10% threshold
a: has more than 10% of the control rights in the business; or
b: has more than 10% of the equity return rights in the business; or
c: is one of 2 or more associates who, in aggregate, have more than 10% of the control rights in the business; or
d: is one of 2 or more associates who, in aggregate, have more than 10% of the equity return rights in the business.
3: This section is subject to Schedule 2.
4: In this section and in Schedule 2,— associate control right director equity return right financial year involvement material influence rights
7: Section 7 amended (Industry participants)
1: After section 7(1)(i)
j: any other person identified in regulations made under section 109(1)(ab)
2: In section 7(2)(h) 109 109(1)(a)
8: Section 10 amended (Exemption from obligation to register)
1: In section 10(2)(a) and (3)(b)(i) objective objectives
2: In section 10(1)(b) and (3) in the Gazette
3: Replace section 10(4)
4: A notice issued under subsection (1)(b) or (3) must be published in the Gazette
9: Section 11 replaced (Exemption from obligation to comply with Code)
Replace section 11
11: Exemption from obligation to comply with Code
1: Despite section 9(1)(b), an industry participant need not comply with the Code, or specific provisions of the Code, if—
a: it is a member of a class of industry participants identified in regulations made under section 110 as a class of industry participants that is exempt from the obligation to comply with the Code or specific provisions of the Code; or
b: the Authority exempts the participant by issuing an individual exemption notice that—
i: identifies the industry participant that is exempt from the obligation to comply with the Code or specific provisions of the Code; and
ii: gives reasons for the exemption.
2: The Authority may grant an individual exemption to an industry participant only if the Authority is satisfied that—
a: it is not necessary, for the purpose of achieving the Authority’s objectives under section 15, for the participant to comply with the Code or the specific provisions of the Code; or
b: exempting the participant from the requirement to comply with the Code or the specific provisions of the Code would better achieve the Authority’s objectives than requiring compliance.
3: The Authority may grant an individual exemption on any terms or conditions that it reasonably considers are necessary.
4: The Authority may amend or revoke an individual exemption, by issuing a notice that identifies the exempt participant and gives reasons for the amendment or revocation, but only if the Authority—
a: has given notice of the proposed amendment or revocation to the exempt participant and given the participant a reasonable opportunity to comment; and
b: in relation to an amendment, is satisfied that the amendment is necessary or desirable for the purpose of achieving the Authority’s objectives in section 15; and
c: in relation to a revocation, is no longer satisfied of the matters in subsection (2).
5: A notice issued under subsection (1)(b) or (4) must be published in the Gazette
6: The Authority must publicise a list of all current class and individual exemptions.
10: Section 15 amended (Objective of Authority)
1: In the heading to section 15 Objective Objectives
2: In section 15 The objective The main objective
3: In section 15
2: The additional objective of the Authority is to protect the interests of domestic consumers and small business consumers in relation to the supply of electricity to those consumers.
3: The additional objective applies only to the Authority’s activities in relation to the dealings of industry participants with domestic consumers and small business consumers.
11: Section 16 amended (Functions of Authority)
1: In section 16(1)(f) such as for example,
2: After section 16(1)(i)
ia: to undertake measures aimed at protecting the interests of domestic consumers and small business consumers in relation to the supply of electricity to those consumers:
12: New sections 22A and 22B and cross-heading inserted
After section 22 Small Electricity Consumers Agency
22A: Minister may establish Small Electricity Consumers Agency
1: The Minister may establish a Small Electricity Consumers Agency by approving 1 or more persons to perform the function of the agency.
2: The Minister may approve 1 or more persons to perform the function of the agency, and each person approved may perform all or any part of that function.
3: In subsection (2), person
4: In approving a person or persons under subsection (2), the Minister must be satisfied that the person has (or the persons collectively have) the ability to perform the function of the agency.
5: The agency may determine its own procedure, subject to any directions given to it by the Minister.
22B: Function of agency
1: The function of the agency is to represent and advocate for the interests of domestic consumers and small business consumers in the electricity industry.
2: The agency may carry out its function by, for example,—
a: promoting the interests of domestic consumers and small business consumers to relevant public service agencies and Crown entities; and
b: providing evidence-based advocacy on behalf of domestic consumers and small business consumers, whether in response to policy proposals or on its own initiative.
13: Section 27 amended (Register of industry participants)
In section 27(3)(b) involved engaged
14: Section 32 replaced (Content of Code)
Replace section 32
32: Content of Code
1: The Code may contain any provisions that are consistent with the objectives of the Authority and are necessary or desirable to promote any or all of the following:
a: competition in the electricity industry:
b: the reliable supply of electricity to consumers:
c: the efficient operation of the electricity industry:
d: the protection of the interests of domestic consumers and small business consumers in relation to the supply of electricity to those consumers:
e: the performance by the Authority of its functions:
f: any other matter specifically referred to in this Act as a matter for inclusion in the Code.
2: The Code may not—
a: impose obligations on any person other than an industry participant or a person acting on behalf of an industry participant, or the Authority (other than in accordance with subsection (3)); or
b: purport to do or regulate anything that the Commerce Commission is authorised or required to do or regulate under Part 4 of the Commerce Act 1986 (other than in accordance with subsection (4)); or
c: purport to regulate any matter dealt with in or under the Electricity Act 1992.
3: The Code may impose obligations on a specified person for the purpose of restricting relationships between 2 classes of industry participants, where those relationships may not otherwise be at arm’s length.
4: The Code may contain provisions that do any of the following, regardless of whether such a provision would otherwise be prohibited under subsection (2)(b):
a: set quality or information requirements for Transpower or 1 or more distributors, in relation to access to transmission or distribution networks:
b: set pricing methodologies for Transpower or 1 or more distributors.
5: Subsections (3) and (4) do not limit subsection (1).
6: In this section,— pricing methodologies specified person
15: Sections 34 to 36 repealed
Repeal sections 34 to 36
16: Section 40 amended (Urgent amendments to Code)
Replace section 40(2)(b)
b: expires on the date that is 9 months after the date on which it comes into force, unless it is revoked earlier under section 40A
17: New section 40A inserted (Revocation of urgent amendments)
After section 40
40A: Revocation of urgent amendments
1: The Authority may revoke an amendment made under section 40 without complying with section 39(1) if—
a: the Authority considers that the circumstances that gave rise to the amendment no longer exist or have changed significantly; and
b: the Authority considers that, as a result, the continued application of the amendment is not required.
2: A revocation made under this section—
a: must be published (as required under section 33) with a statement of the Authority’s reasons why the criteria in subsection (1) are met; and
b: is not subject to section 38(4).
18: Sections 42 and 43 and cross-heading repealed
Repeal sections 42 43
19: Cross-heading above section 44 amended
In the cross-heading above section 44 specific
20: New sections 44A to 44F and cross-heading inserted
After section 44
44A: Distribution agreements
1: Without limiting section 32, the Code may require a distributor and 1 or more other industry participants to enter into 1 or more agreements for connection to, and use of, the distributor’s network (a distribution agreement
2: The Code may prescribe default terms and conditions that are deemed to be included in distribution agreements, including terms and conditions that relate to quality or information requirements.
3: The parties to a distribution agreement may, by mutual consent, agree to modify any default terms and conditions, but only if and to the extent that the Code permits those terms and conditions to be modified.
4: A distribution agreement is binding on both parties and enforceable as if it were a contract between the parties that had been freely and voluntarily entered into.
5: If the parties do not comply with a requirement in the Code to enter into 1 or more distribution agreements, the default terms and conditions in the Code are binding on the parties and enforceable as if they were set out in a distribution agreement.
44B: Minister may amend Code to include specified matters
1: The Minister may amend the Code by including provisions for any matter specified in subsection (2) if the Minister—
a: considers that the Code’s provisions for the specified matter are not satisfactory; and
b: is satisfied that the amendment will further the Authority’s objectives in section 15.
2: The matters referred to in subsection (1) are as follows:
a: requirements for retailers to process consumer requests for information about their electricity consumption in a timely way:
b: limitations on retailer saves and win-backs:
c: requirements for retailers to provide information to the Authority to enable the Authority to better direct its efforts under section 16(1)(i) (which relates to promoting to consumers the benefits of comparing and switching retailers):
d: requirements for distributors to offer retailers standard terms for access to their networks:
e: requirements for certain categories of industry participant to make available information directed at improving the performance of the wholesale market:
f: requirements for certain industry participants to act as market makers in relation to the trading of some wholesale electricity contracts:
g: requirements for some or all industry participants that are both generators and retailers to release information about the profitability of their retailing activities.
3: The Minister may amend the Code under this section as if the Minister were the Authority, and sections 38 to 40 apply accordingly, with any necessary modifications.
4: Before amending the Code, the Minister must consult the Authority (in addition to any consultation required under section 39).
5: The power given by this section may not be exercised earlier than 1 year after, and not more than 3 years after, the date on which this section comes into force.
6: In this section,— save win-back Application of other Acts
44C: Interpretation
In sections 44D to 44F
a: relates to corporate separation
b: relates to arm’s-length rules
44D: Not interconnected under Commerce Act 1986
1: For the purposes of Part 2 of the Commerce Act 1986 (other than sections 36 and 36A), businesses to which provisions in the Code relating to corporate separation or arm’s-length rules apply are deemed to be separate bodies corporate that are not interconnected, despite the fact that they may have a common owner.
2: Subsection (1) applies despite section 2(7) of the Commerce Act 1986. 2010 No 116 s 92
44E: Illegal contracts
1: An agreement lawfully entered into does not become illegal or unenforceable by any party by reason of the fact that its performance is in breach of a provision in the Code relating to corporate separation or arm’s-length rules.
2: An agreement entered into in breach of a Code provision relating to corporate separation or arm’s-length rules is voidable, at the option of any party to the agreement who is not in breach of the Code provision, by notice in writing to the other party or parties, at any time within 1 month after the innocent party has notice that the agreement is in breach of the Code provision. 2010 No 116 s 93
44F: Substance matters, not form
Any question under a provision in the Code relating to corporate separation or arm’s-length rules is to be determined according to the nature, substance, and economic effect of the relevant interest or relationship or other facts, and independently of form. 2010 No 116 s 94
21: Section 45 amended (Purposes of exercise of Authority’s monitoring, investigation, and enforcement powers)
1: In the heading to section 45 and enforcement powers enforcement, and review powers
2: After section 45(b)
c: carrying out a review and producing a report in response to a request by the Minister under section 18.
22: Section 46 amended (Authority’s monitoring, investigation, and enforcement powers)
In the heading to section 46 and enforcement powers enforcement, and review powers
23: New sections 47A and 47B inserted
After section 47
47A: Sharing of information and documents with public service agencies, statutory entities, gas industry body, and overseas regulators
1: The Authority may provide to a public service agency, a statutory entity, the gas industry body, or an overseas regulator any information, or a copy of any document, that the Authority—
a: holds in relation to the performance or exercise of the Authority’s functions, powers, or duties under this Act or any other legislation; and
b: considers may assist, as the case may be,—
i: the public service agency, statutory entity, or gas industry body in the performance or exercise of its functions, powers, or duties under any legislation; or
ii: the overseas regulator in the performance or exercise of the overseas regulator’s functions, powers, or duties under foreign law.
2: The Authority may provide information, or a copy of a document, under this section only if the Authority is satisfied that—
a: doing so will not substantially affect the performance of its functions; and
b: appropriate protections are or will be in place for the purpose of maintaining the confidentiality of anything provided (in particular, information that is personal information within the meaning of the Privacy Act 2020).
3: The Authority may use any information, or a copy of any document, in the Authority’s performance or exercise of its functions, powers, or duties under any legislation if the information or copy is provided to the Authority—
a: by a public service agency, a statutory entity, or the gas industry body under any legislation; or
b: by an overseas regulator.
4: In this section and section 47B gas industry body overseas regulator
a: that are related to the regulation of New Zealand’s electricity markets; or
b: that otherwise correspond with, or are similar to, any of those conferred on the Authority public service agency statutory entity
5: This section applies despite anything to the contrary in any contract, deed, or document.
6: Nothing in this section limits the Privacy Act 2020 or any provision of this Act or any other legislation that allows the Authority to use or disclose information (for example, under section 17 of the Crown Entities Act 2004 for the purpose of performing its functions). 1986 No 5 s 99AA; 2011 No 5 s 30; 2021 No 31 s 282
47B: Authority may impose conditions on provision of information or documents
1: The Authority may impose any conditions in relation to providing information, or a copy of a document, to a public service agency, a statutory entity, the gas industry body, or an overseas regulator (whether provided in compliance with a request or otherwise).
2: The Authority must, in considering what conditions to impose, have regard to whether conditions are necessary or desirable in order to protect the privacy of any individual.
3: The conditions may include, without limitation, conditions relating to—
a: maintaining the confidentiality of anything provided (in particular, information that is personal information within the meaning of the Privacy Act 2020):
b: the storing of, the use of, or access to anything provided:
c: the copying, returning, or disposing of copies of documents provided:
d: payment of the costs incurred by the Authority in providing anything or in generally complying with a request. 1986 No 5 s 99AB; 2011 No 5 s 33; 2021 No 31 s 283
24: Section 54 amended (Remedial orders for breach of Code)
1: Replace section 54(1)(d)
d: make a pecuniary penalty order requiring an industry participant to pay a pecuniary penalty to the Crown of an amount not exceeding $2 million and a further amount not exceeding $10,000 for every day or part of a day during which the breach continues ( see
2: After section 54(2)
3: Two or more breaches relating to one event or series of closely related events arising from the same cause or circumstance must be treated as a single breach.
4: The Rulings Panel may also decide to make orders regarding the reasonable costs of any investigations or proceedings on determining that an industry participant has not breached the Code.
25: Section 56 amended (Pecuniary penalty orders)
After section 56(2)(i)
ia: the impact of the penalty on the participant and on the electricity industry:
26: Section 65 amended (Appeal against certain orders of Rulings Panel)
In section 65(1)(e) section 54(1)(g) or (4)
27: Part 3 heading amended
In the Part 3 and retailing
28: Subpart 1 of Part 3 replaced
Replace subpart 1
1: Separation of distribution from certain generation
72: Purpose of this Part
The purpose of this Part is to prohibit a person who is involved in a distributor from being involved in a generator where that may create incentives and opportunities to inhibit competition in the electricity industry.
73: Ownership separation
1: A person who is involved in a distributor must not be involved in 1 or more generators that have a total capacity of more than 250 MW that is generated by 1 or more generating plants that are directly connected to the national grid.
2: To avoid doubt, generation connected to a distribution network is not directly connected to the national grid.
3: In this section,— nameplate total capacity 2010 No 116 s 75
29: Section 80 amended (Pecuniary penalties)
In section 80(3)(b)(ii) and section 92
30: Section 85 amended (Application of Commerce Act 1986 provisions)
In section 85(f) 99A, 99AA
31: Section 87 amended (Application to persons outside New Zealand)
In section 87 distributor, generator, or retailer distributor or generator
32: Sections 88 and 89 and cross-heading repealed
Repeal sections 88 89
33: Section 90 amended (Exemptions)
In section 90(2)(b) or a retailer
34: Section 91 amended (Application of Commerce Act 1986)
In section 91 Except as provided in section 92, nothing Nothing
35: Section 92 repealed (Not interconnected under Commerce Act 1986)
Repeal section 92
36: Section 94 amended (Substance matters, not form)
In section 94 or 3
37: Section 96 amended (Membership of dispute resolution scheme)
Repeal section 96(6)
38: Section 102 amended (Procedures for annual meeting to appoint auditor)
After section 102(4)
5: Beneficiaries may attend and vote at an annual meeting in person or, subject to the approval of the trustees, by audio link, audiovisual link, or other remote access facility.
39: Section 108 amended (Application of other enactments)
In section 108(3) for the purposes of Part 3 or the Code
40: Section 109 amended (Regulations identifying industry participants and market operation service provider roles)
1: After section 109(1)(a)
ab: identifying which other persons whose activities or roles in the electricity industry are material to the Authority’s objectives under section 15 are industry participants:
2: After section 109(1)
1A: The Minister may make a recommendation for the purpose of subsection (1)(ab) only if the Minister is satisfied—
a: that affected persons have been given notice of the proposed recommendation and a reasonable opportunity to comment on the recommendation; and
b: that it is necessary or desirable, for the purpose of achieving the Authority’s objectives under section 15, for the proposed recommendation to be made; and
c: that the advantages and disadvantages of the proposed recommendation have been considered.
1B: Regulations under subsection (1)(ab) may identify whether the persons are industry participants for the purposes only of some of this Act, the regulations, or the Code, but if not, the persons are industry participants for all purposes.
41: Section 113 amended (Regulations about tariffs and other consumer issues)
1: In section 113 small businesses small business consumers
2: Replace section 113(5)
5: In this section, rural consumer
3: Repeal section 113(6)
42: New section 113A inserted (Regulations about small business consumers)
After section 113
113A: Regulations about small business consumers
1: The Governor-General may, by Order in Council made on the recommendation of the Minister, make regulations specifying a class of consumers that are not domestic consumers as small business consumers.
2: Regulations made under this section are secondary legislation ( see Part 3 of the Legislation Act 2019 The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under this section. Legislation Act 2019 requirements for secondary legislation made under this section Publication PCO must publish it on the legislation website and notify it in the Gazette LA19 s 69(1)(c) Presentation The Minister must present it to the House of Representatives LA19 s 114 Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act.
43: Section 114 amended (Regulations promoting accountability in customer trusts and community trusts)
Repeal section 114(4)
44: Section 128 amended (Levies)
After section 128(3)(d)
da: the costs incurred by the person or persons performing the function of the Small Electricity Consumers Agency, or a portion of those costs, where the size of the portion to be met by levies under this Act is determined by the Minister; and
45: New section 129B inserted (Small Electricity Consumers Agency consultation about request for appropriation)
After section 129A
129B: Small Electricity Consumers Agency consultation about request for appropriation
1: The Small Electricity Consumers Agency must, before submitting a request to the Minister seeking an appropriation of public money for the following year, or any change to an appropriation for the current year, that relates to costs that are intended to be recovered by way of levies under section 128(3)(da)
a: those industry participants who are liable to pay a levy under that section:
b: any other representatives of persons whom the Small Electricity Consumers Agency believes would be significantly affected by a levy under that section.
2: The Small Electricity Consumers Agency must, when it submits the request, report to the Minister on the outcome of that consultation.
3: This section applies to requests in respect of the financial year beginning 1 July 2021 and later financial years.
46: New subpart 2B of Part 5 inserted
After section 131A
2B: Material incorporated by reference
131B: Material incorporated by reference
1: This section applies for the purposes of section 66(2)(b) of the Legislation Act 2019.
2: If material incorporated by reference in secondary legislation made under this Act is amended or replaced by the originator of the material after the secondary legislation is made, legal effect may be given to that amendment or replacement material if—
a: the amendment or replacement material is of the same general character as the original material; and
b: the maker of the secondary legislation issues a notice to adopt the amendment or replacement material as having legal effect as part of the secondary legislation.
3: If material incorporated by reference in secondary legislation made under this Act expires, is revoked, or otherwise ceases to have effect, the material ceases to have legal effect as part of the secondary legislation if the maker of the secondary legislation issues a notice stating that the material ceases to have that legal effect.
4: A notice issued under subsection (2)(b) or (3) must be published in the Gazette
5: This section does not limit section 66(2)(a) of the Legislation Act 2019.
6: In this section, material
47: Section 140 amended (References to Electricity Governance Rules 2003 and certain regulations)
1: In section 140 regulations listed in section 34(1) regulations listed in subsection (2)
2: In section 140
2: The regulations are as follows:
a: the Electricity Governance Rules made under section 172H of the Electricity Act 1992:
b: subpart 2 of Part 1 and Parts 2, 2A, and 3 of the Electricity Governance Regulations 2003:
c: subpart 2 of Part 10 of the Electricity Governance Regulations 2003 (the Comalco agreements exemptions):
d: the Electricity Governance (Security of Supply) Regulations 2008:
e: the Electricity Governance (Connection of Distributed Generation) Regulations 2007.
48: Schedule 1 replaced
Replace Schedule 1 Schedule 1
49: Schedule 2 amended
1: Replace the Schedule 2 When person is involved in industry participant for purposes of section 6A
2: Replace clause 1 Involvements that do not count for purposes of section 6A
1: Purpose of this schedule
The purpose of this schedule is—
a: to exclude certain interests from the application of Code provisions imposed under section 32(3) and (4)
b: to exclude certain interests from the application of the ownership separation rule in section 73
c: to help in interpreting—
i: any Code provisions referred to in paragraph (a); and
ii: section 73
3: In the heading to clause 2 Part 3 section 6A
4: In clause 2 Part 3 section 6A
5: In the heading to clause 3 Part 3 section 6A
6: In clause 3 Part 3 section 6A
7: In clause 3
2: In this clause, nameplate section 73(3)
8: In the heading to clause 4 Part 3 section 6A
9: In clause 4(1) Part 3 section 6A
10: In clause 4(1)(a) section 90 , or section 11, if the exemption under section 11 is an exemption from a Code provision that relates to corporate separation or arm’s-length rules (as defined in section 44C
11: In clause 7(4) the arm’s-length rules (with all necessary modifications) the Code provisions (if any) relating to arm’s-length rules (as defined in section 44C
12: In clause 9(1) section 74 section 6A
13: Replace the heading to clause 10 Other interpretation rules
14: In clause 10
a: replace Part 3, this schedule, and Schedule 3 section 6A
b: repeal the definition of manager
50: Schedule 3 repealed
Repeal Schedule 3
2: Amendments to other enactments
Amendments to Commerce Act 1986
51: Principal Act
Section 52 Commerce Act 1986 2022-09-01 Commerce Act 1986
52: Section 54V amended (Impact of certain decisions made under Electricity Industry Act 2010)
1: In section 54V(1) performance of its functions or exercise of its powers in relation to electricity lines services
2: In section 54V(2) is likely are likely
3: In section 54V(2) powers or functions of the Commission in relation to electricity lines services
4: Replace section 54V(2)(c) and (d)
c: undertaking any market-facilitation measures.
5: In section 54V(3) Transpower or to any distributor or class of distributors a supplier of electricity lines services
6: Replace section 54V(4)
4: The Commission must take into account, before exercising any of its powers or performing any of its functions in relation to electricity lines services under this Part,—
a: any provision of the Code, or decision made under it, that relates to or affects—
i: pricing methodologies that apply to a supplier of electricity lines services; or
ii: quality or information requirements that apply to a supplier of electricity lines services:
b: any market-facilitation measures of which it receives advice under subsection (2)(c):
c: the levy payable by a supplier of electricity lines services under section 128 of the Electricity Industry Act 2010:
d: the continuance of supply obligations imposed by section 105 of the Electricity Industry Act 2010.
7: In section 54V(5) subsection (4) subsection (3) or (4)
8: Repeal section 54V(6) Amendment to Electricity Industry Participation Code 2010
53: Principal Code
Section 54 Electricity Industry Participation Code 2010
54: New Part 6A and Schedule 6A.1 inserted
After Part 6, insert the Part 6A and Schedule 6A.1 set out in Schedule 2 Amendments to other enactments
55: Amendments to other enactments
Amend the enactments specified in Schedule 3 2022-09-01 Ombudsmen Act 1975


1: Title
This Act is the Appropriation (2022/23 Estimates) Act 2022.
2: Commencement
This Act comes into force on the day after the date on which it receives the Royal assent.
3: Application
1: Section 7 Schedule 2 Schedule 2
2: The rest of this Act applies to the 2022/23 financial year.
4: Overview
This Act meets the requirements of the Public Finance Act 1989
a: section 6 Schedule 1 see section 4(1)
b: section 7 Schedule 2 see section 10
c: section 8 Schedule 3 see section 21
d: section 9 Schedule 4 see section 12A
e: section 10 Schedule 5
5: Interpretation
1: In this Act, unless the context otherwise requires,— 2022/23 financial year Estimates The Estimates of Appropriations for the Government of New Zealand for the Year Ending 30 June 2023 scope shown in the Estimates
a: in the case of an appropriation under section 6
i: in the table headed Annual Appropriations and Forecast Permanent Appropriations
ii: in the column headed Titles and Scopes of Appropriations by Appropriation Type
iii: in the statement directly under the title of the appropriation or, in the case of a multi-category appropriation, under the name of each of the individual categories that are included in the appropriation; and
b: in the case of an appropriation under section 7
i: in the table headed Multi-Year Appropriations
ii: in the column headed Type, Title, Scope and Period of Appropriations
iii: in the statement directly under the title of the appropriation.
2: Terms or expressions used and not defined in this Act but defined in the Public Finance Act 1989
6: Appropriations for 2022/23 financial year
Appropriations authorised
1: Each amount specified in column 4 of Schedule 1 column 3 of Schedule 1 Other matters concerning appropriations
2: Subsection (1) applies only to the extent that the appropriation authorised is of a type set out in section 7A(1)
3: The scope of each appropriation authorised by this section is the scope shown in the Estimates for the appropriation.
4: Each appropriation authorised by this section includes any expenses and capital expenditure that have been incurred—
a: under any Imprest Supply Act relating to the 2022/23 financial year; and
b: in advance, but within the scope, of the appropriation.
7: Appropriations applying for more than 1 financial year
Multi-year appropriations authorised
1: Each amount specified in column 5 of Schedule 2 column 3 of Schedule 2 Other matters concerning multi-year appropriations
2: Subsection (1) applies only to the extent that the appropriation authorised is of a type set out in section 7A(1)
3: The scope of each appropriation authorised by this section is the scope shown in the Estimates for the appropriation.
4: Each appropriation authorised by this section—
a: is limited to the period specified in column 4 of Schedule 2
b: includes any expenses and capital expenditure that have been incurred—
i: under any Imprest Supply Act relating to the 2022/23 financial year; and
ii: in advance, but within the scope, of the appropriation.
8: Expenses under section 21 of Public Finance Act 1989
The appropriations to which output expenses may be charged under section 21 Schedule 3
9: Capital injections authorised for 2022/23 financial year
1: The Crown is authorised to make capital injections during the 2022/23 financial year to each department and Office of Parliament specified in column 1 of Schedule 4
2: The capital injections authorised by this section to a department or an Office of Parliament are limited to the amount specified in column 3 of Schedule 4
3: Each authorisation given by this section includes any capital injection that has been made—
a: under any Imprest Supply Act relating to the 2022/23 financial year; and
b: in advance of the authorisation.
10: Repeals
The Acts specified in Schedule 5 2022-09-22 Appropriation (2020/21 Confirmation and Validation) Act 2022 Appropriation (2021/22 Estimates) Act 2021 Appropriation (2021/22 Supplementary Estimates) Act 2022


1: Title
This Act is the Imprest Supply (Second for 2022/23) Act 2022.
2: Commencement
This Act comes into force on the day after the date on which it receives the Royal assent.
3: Repeal of this Act
This Act is repealed on the close of 30 June 2023. 2023-07-01 Imprest Supply (Second for 2022/23) Act 2022 This Act is repealed on the close of 30 June 2023.
4: Purposes
The purposes of this Act are—
a: to authorise expenses and capital expenditure to be incurred by the Crown and Offices of Parliament during the 2022/23 year in advance of appropriation in an Appropriation Act; and
b: to authorise capital injections to be made to departments and Offices of Parliament during the 2022/23 year in advance of authorisation under an Appropriation Act.
5: Interpretation
1: In this Act, unless the context otherwise requires,— 2022/23 year capital expenditure section 2(1) department section 2(1) expenses section 2(1)
a: capital expenditure incurred by an intelligence and security department; and
b: non-departmental capital expenditure incurred in advance of a multi-category appropriation.
2: Terms or expressions used and not defined in this Act but defined in the Public Finance Act 1989
6: Authority to incur expenses
1: Expenses may, during the 2022/23 year, be incurred in advance of appropriation in relation to any Vote.
2: Expenses incurred under subsection (1) must not exceed in the aggregate the sum of $16,000 million.
7: Authority to incur capital expenditure
1: Capital expenditure may, during the 2022/23 year, be incurred in advance of appropriation in relation to any Vote.
2: Capital expenditure incurred under subsection (1) must not exceed in the aggregate the sum of $11,500 million.
8: Authority to make capital injections
1: Capital injections may, during the 2022/23 year, be made to any department or Office of Parliament in advance of authorisation under an Appropriation Act.
2: Capital injections made under subsection (1) must not exceed in the aggregate the sum of $1,000 million.


1: Title
This Act is the Queen Elizabeth II Memorial Day Act 2022.
2: Commencement
This Act comes into force on the day after the date on which it receives the Royal assent.
1: Preliminary provisions
3: Purpose
The purpose of this Act is to provide for—
a: a day of commemoration to acknowledge the long and dedicated service of Her Majesty Queen Elizabeth II to New Zealand; and
b: the commemoration day to be observed as a New Zealand public holiday in accordance with the Holidays Act 2003.
4: Interpretation
In this Act, unless the context otherwise requires, public holiday section 5(1)
5: Act binds the Crown
This Act binds the Crown.
2: Queen Elizabeth II Memorial Day
6: Observance of Queen Elizabeth II Memorial Day
1: In acknowledgement of the long and dedicated service of Her Majesty Queen Elizabeth II to New Zealand, 26 September 2022 is to be observed as a day of commemoration in New Zealand.
2: The day of commemoration is to be known as Queen Elizabeth II Memorial Day.
7: Queen Elizabeth II Memorial Day to be public holiday
1: Queen Elizabeth II Memorial Day is to be treated as—
a: a public holiday for the purposes of the Holidays Act 2003
b: a day on which a school must be closed in accordance with section 115 clause 3
2: A reference in any legislation to the Sovereign’s birthday or the Queen’s birthday is to be treated as referring to Queen Elizabeth II Memorial Day in addition to the Sovereign’s birthday or the Queen’s birthday.
3: To avoid doubt, Queen Elizabeth II Memorial Day is to be observed in addition to the days specified in section 44(1)
8: Queen Elizabeth II Memorial Day not business or working day for purposes of calculating certain periods of time
1: This section applies to a requirement or an obligation—
a: for a person to perform an action within, by, or no sooner than a specified number of business or working days (for example, the giving of a notice or the filing of a document) whether that requirement or obligation arises before or after the commencement of this Act; and
b: that is found in any agreement, deed, notice, or other document.
2: Despite any other legislation or rule of law, Queen Elizabeth II Memorial Day is not a business or working day for the purpose of calculating the time within, by, or no sooner than which a requirement or an obligation to which subsection (1) applies must be performed.