Pursuant to Part 4 of the Commerce Act 1986, the Commerce Commission gives the following notice.
N o t i c e
1. Title—(1) This notice is the Commerce Act (Transpower Thresholds) Amendment Notice 2009.
(2) In this notice, the Commerce Act (Transpower Thresholds) Notice 2008 (Supplement to the New Zealand Gazette, 27 June 2008, No. 106, page 2793) is called the “principal notice”.
2. Commencement—This notice comes into force on
1 July 2009.
3. Interpretation—Clause 6(1)(b) of the principal notice
is revoked and is substituted with the following:
(b) $189 million for the assessment period ending
30 June 2010.
Dated at Wellington this 25th day of June 2009.
COMMERCE COMMISSION.
Explanatory Note
In May 2008, the Commerce Commission set thresholds
for the declaration of control in relation to Transpower
New Zealand Limited under Part 4A of the Commerce Act 1986 (“the Act”) and published those thresholds in a Supplement to the New Zealand Gazette, 27 June 2008, No. 106, page 2793, as the Commerce Act (Transpower Thresholds) Notice 2008 (the “principal notice”).
Further detail regarding the thresholds can be found
in a Decision Paper, Decision and Reasons for Not Declaring Control of Transpower New Zealand Limited
& Decision to Reset Transpower’s Thresholds, published
by the Commission on 13 May 2008.
The majority of the provisions of Part 4A of the Act
were repealed by the Commerce Amendment Act 2008
(“the CAA”) on 14 October 2008 and replaced with a new Part 4. However, under Part 4, Transpower continues to be subject to its administrative settlement until its expiry date of 30 June 2011 (section 54M). This notice is, therefore, issued under Part 4 of the Act.
The amendment now made to the principal notice by the amendment notice set out above is to set a transmission (non-Part F capex) threshold for the assessment period ending 30 June 2010, as required under Schedule 2,
Part 2, clause (j). This is an interim threshold and may be subject to change following consultation with interested parties, including Transpower.