General news

Authority comment on permitted circumstances for market makers

  • Wholesale
  • Code

The Electricity Authority provides its expectations of any market maker intending to issue a Permitted Circumstance notification based on a potential breach of an applicable law as provided for under clause 13.236N(1)(a)(ii) of the Electricity Industry Participation Code.

This provision is a very limited exclusion from the obligation to market make. We appreciate this issue may arise in the context of a developing transaction that may reasonably constitute insider information and that different participants will manage these arrangements in different ways. However, we expect participants to take all reasonably practicable steps to ensure they can meet their market making obligations. In particular, we expect that:

  • participants will put in place insider trading policies that ensure (as far as reasonably practicable) that the inside information does not impact their firm’s ability to provide market making services - the Authority will see it as challenging for participants to issue a Permitted Circumstance if they have not reasonably managed information flows in this way
  • as far as reasonably practicable, participants will speak to the Authority on a confidential basis early, and before the stage where they may not be able to market make (noting that these types of transaction evolve over time).

The Authority will consider whether further guidance may be required. However, participants should be clear on our expectations in relation to a notification of a Permitted Circumstance.

Related News

Voluntary super-peak trading sessions for new OTC trading platform

Two voluntary trading sessions for standardised super-peak hedge contracts will take place in July on the new over-the-counter trading platform.

Consultation open on stage 2 of common quality information requirements

The Electricity Authority is seeking feedback on a Code amendment proposal for Transpower to share common quality information between its System Operator and t…

Energy margin data to be published monthly

The Electricity Authority Te Mana Hiko is introducing a new requirement for electricity generators to provide information.