The Notice of Exemption concerns an application made by AmTrust Pacific Limited under section 81 of the Electricity Industry Reform Act 1998 ("the EIR Act") and received by the Commerce Commission ("the Commission") on
7 February 2000 ("the Application"), together with an amendment to the Application received by the Commission on 17 February 2000.
The Commission, under section 81 of the EIR Act, exempts the following entities ("the cross-involved entities") from the application of section 17 of the EIR Act in respect of their current "cross-involvement" (as that term is defined in the EIR Act):
? AmTrust Pacific Properties Limited ("AmTrust Properties").
? AmTrust ACW Finance Limited.
? AmTrust Pacific Limited ("AmTrust").
The above exemption is granted to the cross-involved entities subject to the following terms and conditions:
(a) That any of the cross-involved entities or any other person does not introduce a charge, directly or indirectly, to any person for the use of, or in connection with, any electricity lines business owned or operated in relation to the current supply by AmTrust Properties of electricity for direct consumption by tenants of buildings owned by AmTrust Properties.
(b) That any of the cross-involved entities or any other person does not prevent access, on reasonable terms and on a timely basis, to any embedded electrical wiring systems owned or operated in relation to the current supply by AmTrust Properties of electricity for direct consumption by tenants of buildings owned by AmTrust Properties, by any competing electricity supply business wanting to supply electricity to those tenants.
(c) That the tenants of buildings owned by AmTrust Properties which are currently supplied electricity by AmTrust Properties for their direct consumption be free to choose their electricity supplier.
(d) That the tenants of buildings owned by AmTrust Properties which are currently supplied electricity by AmTrust Properties for their direct consumption be provided by any of the cross-involved entities with relevant electricity consumption and billing information, on a timely basis, to enable those tenants to assess competitive options for the supply of their electricity.
In addition, the Commission, under section 81 of the EIR Act, exempts from the application of sections 17, 18 and 30 of the EIR Act any business or involvement or interest in relation only to any future property investment and management activities that might be undertaken in New Zealand by or on behalf of AmTrust or any company or entity related to AmTrust from the application of sections 17, 18 and 30 of the EIR Act, and in respect of which sections 17, 18 and/or 30 would apply.
The exemption to any business or involvement or interest in respect of any future property investment and management activities that might be undertaken is made subject to the following terms and conditions being fully observed by the business or involvement or interest to which the exemption applies:
(a) That the business, involvement, interest or any other person does not introduce a charge, directly or indirectly, to any person for the use of, or in connection with, any electricity lines business owned or operated in relation to the supply of electricity by AmTrust or any company or entity related to AmTrust to tenants of any future property of AmTrust or of any company or entity related to AmTrust.
(b) That the business, involvement, interest or any other person does not prevent access, on reasonable terms and on a timely basis, to any embedded electrical wiring systems owned or operated in relation to any future property of AmTrust or of any company or entity related to AmTrust, by any competing electricity supply business wanting to supply electricity to any tenants of that property which are supplied electricity by AmTrust or any company or entity related to AmTrust.
(c) That the business, involvement, interest or any other person does not at any time enforce any lease clauses which allow the option of supplying electricity to any tenants of any future property of AmTrust or of any company or entity related to AmTrust, so that tenants are free to choose their electricity supplier.
(d) That the business, involvement, interest or any of the cross-involved entities provide all tenants of any future property of AmTrust or of any company or entity related to AmTrust to whom they supply electricity with relevant electricity consumption and billing information, on a timely basis, to enable the tenants to assess competitive options for the supply of their electricity.
(e) That the Commission is informed of the details of any future property investment and/or management activity, within 20 working days (as that term is defined in the Commerce Act 1986) from the day following the day it undertakes the activity, that is likely to breach the EIR Act and for which the business, involvement or interest is likely to rely on this exemption.
The exemption takes effect from the date of publication of this notice in the New Zealand Gazette.
The Commission may vary or revoke this exemption at any time in accordance with section 81(5) of the EIR Act.