Undesirable trading situations
We investigate all undesirable trading situations lodged with us. It's our priority to make sure the wholesale electricity market operates efficiently and competitively.
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What is an undesirable trading situation?
An undesirable trading situation (UTS) in the electricity market is an extraordinary event which threatens, or may threaten confidence in, or the integrity of, the wholesale electricity market that cannot be resolved under the Code.
Undesirable practices by a buyer or seller can harm the electricity market because they can deter trading and participation.
We investigate all UTS claims lodged with us. Our board will decide if a UTS has occurred and what action to take. The provisions of the Code oblige us to attempt to correct such situations and restore the electricity market to normal operation as soon as possible.
Report an undesirable trading situation
If you have grounds to suspect an undesirable trading situation, please take immediate action. Here is some information to guide you.
What is an undesirable trading situation (UTS)?
Part 1 of the Code defines an undesirable trading situation as any situation that:
- threatens, or may threaten, confidence in, or the integrity of, the wholesale market; and
- in the reasonable opinion of the Electricity Authority, cannot satisfactorily be resolved by any other mechanism available under this Code (but for the purposes of this paragraph a proceeding for a breach of clause 13.5A is not to be regarded as another mechanism for satisfactory resolution of a situation).
Who can claim a UTS?
Anybody may report the development, or possible development, of a UTS. The person/organisation does not need to be an industry participant.
How can I report a UTS?
If you have grounds to suspect an undesirable trading situation, please take immediate action. Read the following guidelines, then complete and return the claim form.
We investigate all UTS claims lodged with us. However, we cannot commence an investigation if more than 10 business days have passed since the situation, which is suspected or anticipated to be a UTS, has occurred (Code clause 5.1A). Your swift action is therefore imperative.
If you are in doubt about this time limit or whether another party has already claimed the UTS, please contact uts@ea.govt.nz or 04 474 2260 immediately.
What happens if a UTS has occurred?
We are responsible for determining whether a UTS is developing or has developed (Code clause 5.2(1)).
If a UTS has occurred, we may take any action to correct the situation that we consider appropriate (Code clause 5.2(2)). For example, suspending Code requirements or imposing new requirements on industry participants.
It's our obligation and priority to correct the situation and restore the electricity market to normal operation as soon as possible.
Claims and decisions
You can keep up to date with our completed and ongoing UTS claims here.
Date | Claim | Decision |
---|---|---|
16 February 2024 |
Possible UTS following 16 February High Court decision |
|
9 August 2021 |
Haast Energy Trading and Electric Kiwi UTS claim for 9 August 2021. |
|
10 November 2019 |
Haast Energy Trading, Ecotricity, Electric Kiwi, Flick Electric, Oji Fibre, Pulse Energy Alliance and Vocus claimed a UTS began on 10 November 2019 and continued at 12 December 2019. |
|
15 September 2018 |
Electric Kiwi, Flick Energy, Pulse Energy, Switch Utilities (Vocus) and Vector UTS claimed a UTS began on 15 September 2018 and continued at 8 November 2018. |
If you would like information on earlier claims or decisions, contact uts@ea.govt.nz.