Exemptions and dispensations

Code exemptions

Any industry participant can apply for a Code exemption. Any business, involvement or person can apply for an exemption from Part 3 of the Act. A specified person can apply for a dispensation from Part 6A of the Code.

Applications must be made well before the exemption or dispensation is needed. Contact compliance@ea.govt.nz to discuss possible timeframes.

For exemptions from the Code, read the following guidelines, then complete and return the application form, providing as much information as possible.

Exemption from Part 3 of the Act

For an exemption from Part 3 of the Act, the business, involvement or person that requires the exemption needs to apply to us in writing. You can do this in a letter explaining why the exemption is needed and what measures have been put in place to meet the intention of the Act (if any). Please send the letter to compliance@ea.govt.nz.

Dispensation from Part 6A of the Code

For a dispensation from Part 6A of the Code, the specified person that requires the dispensation needs to apply to us in writing. You can do this in a letter explaining why the dispensation is needed and what impact granting the dispensation would have on the Electricity Authority’s ability to achieve its statutory objectives under section 15 of the Act. Please send the letter to compliance@ea.govt.nz.

Note

Note, the contents of all applications are subject to the Official Information Act 1982 and the Privacy Act 2020. If a request is received under those Acts for information contained in an application, we are required to consider release of the application, in whole or in part, in terms of the criteria set out in these Acts.

When providing an application, please advise compliance@ea.govt.nz if you have any objection 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
• any information contained in your application to market operation service providers and the reasons for those objections (as information will be discussed with the market operation service providers, as appropriate).

If more than one type of exemption or dispensation is required, these can be applied for at the same time. For example, you can apply for a combination of Code exemption, exemption from Part 3 of the Act, and/or a dispensation from Part 6A of the Code.

Please apply as early as possible. If you don't submit your application within a suitable timeframe, there is no guarantee that your application will be considered by the Compliance Committee/Board at its next meeting. Contact compliance@ea.govt.nz before submitting your application to discuss possible timeframes.

The process for reviewing, considering and making a decision on an application can take a significant amount of time. For example, the time it takes to review and process applications depends on whether:

• the information provided is complete
• the requested exemption impacts other industry participants
• complex Code or Act provisions need to be assessed
• any cost estimates to resolve have supporting information
• when the Compliance Committee/Board will next meet.

It takes us, on average, two to four months to consider an application. We decide the outcome of applications approximately four times a year. When we receive an application, we will advise you when we expect our Compliance Committee/Board will consider your application.

If your exemption is required urgently, email compliance@ea.govt.nz with your reasons and a timeframe within which:

• a decision is requested
• any exemption granted needs to be Gazetted.

We will endeavour to prioritise your application, but there is no guarantee.

Your application may involve issues about the interpretation and application of the law. Where these kinds of complexities arise, we recommend that you seek legal advice.

If the reasons underlying your application are practical, then legal advice may not be necessary.

We have the following process for exemption and dispensation applications:

1. Application considered
   Your application is considered by our compliance team, who may seek additional clarification from you. They will prepare and finalise a recommendation for our Compliance Committee/Board.
2. Consideration by our Compliance Committee and/or Board
   The recommendation is considered by the Compliance Committee. If they consider the exemption to be significant, they will refer it to our Board.
   We will contact you as soon as we know whether your application has been granted or not.
3. Notice drafted
   If the application is for an exemption and it is approved, our compliance team prepare the exemption New Zealand Gazette notice.
   This step and step 4 do not apply to Part 6A dispensations. Approved Part 6A dispensations will instead be published on this page.
4. Notice published
   The approved exemption notice is published in the New Zealand Gazette. The exemption does not come into force until at least the day after it has been published in the New Zealand Gazette.