Exemptions to information disclosure requirements

Under Section 53C(3)(d) of the Act, the Commerce Commission may provide for exemptions from any information disclosure requirements, and provide for the revocation of exemptions, in its section 52P determinations setting information disclosure requirements (ID determinations).

The Commission has included the ability to provide exemptions from information disclosure requirements in its ID determinations. This enables regulated suppliers to apply for exemptions or modifications to information disclosure requirements where the requirements may not be feasible for practical application/implementation by a regulated supplier, or where a regulated supplier considers that modifications to the requirements would better promote an understanding of whether the purpose of Part 4 is being met.

The Commission individually assesses each exemption request received from regulated suppliers with a focus on the reason for the requested exemption as well as the potential impact on the purpose of information disclosure if the requested exemption is granted.

Below we have published the response letters to regulated suppliers whose exemption requests have been granted, for Disclosure year 2015 onwards. We have not published declined exemption requests, or exemptions granted prior to Disclosure year 2015.

A supplier seeking an exemption from information disclosure requirements should send its request to regulation.branch@comcom.govt.nz. The request should include the requirements from which exemption is being sought, the period for which the exemption is sought, as well as the reasons why the supplier is seeking the exemption from the information disclosure requirements.

Exemptions to airports information disclosure requirements

The Commission has granted exemptions to suppliers of specified airport services as provided for in the Airports Services Information Disclosure Determination 2010.

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Exemptions to electricity distribution information disclosure requirements

The Commission has granted exemptions to regulated electricity distribution businesses as provided for in the Electricity Distribution Information Disclosure Determination 2012 – (consolidated in 2015).

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Exemptions to electricity transmission information disclosure requirements

The Commission has granted exemptions to Transpower New Zealand Limited as provided for in the Transpower Information Disclosure Determination 2014 and Transpower Individual Price-Quality Path Determination 2015.

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Exemptions to gas distribution information disclosure requirements

The Commission has granted exemptions to regulated gas distribution businesses as provided for in the Gas Distribution Information Disclosure Determination 2012 – (consolidated in 2015).

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Exemptions to gas transmission information disclosure requirements

The Commission has granted exemptions to regulated gas transmission businesses as provided for in the Gas Transmission Information Disclosure Determination 2012 – (consolidated in 2015).

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