The Commerce Commission (“Commission”), pursuant to section 81 of the Electricity Industry Reform Act 1998
(“the EIR Act”), exempts H.R.L. Morrison & Co Group Limited from compliance with section 17 of the EIR
Act in respect of the cross-involvements (as that term
is defined in the EIR Act) with TrustPower Limited and Auckland International Airport Limited as outlined in its application for exemption registered by the Commission on 4 September 2008 and subsequently revised on 20 February 2009.
The exemption is subject to the following terms and conditions:
(a) Neither H.R.L. Morrison & Co Group Limited nor any of its interconnected bodies corporate shall hold a relevant interest (as defined in section 9(2) of the EIR Act) in [ ] of the control rights (as defined in section 9 of the EIR Act) or [ ] of the equity return rights (as defined in section 10 of the EIR Act) in Auckland International Airport Limited;
(b) while H.R.L. Morrison & Co Group Limited is cross-
involved with TrustPower Limited and Auckland International Airport Limited, neither H.R.L. Morrison & Co Group Limited nor any of its interconnected bodies corporate shall participate in any discussions or decision making by TrustPower Limited and/or Auckland International Airport Limited regarding matters that relate to or could affect or favour the supply of electricity by TrustPower Limited (or disadvantage any other business selling electricity on Auckland International Airport Limited’s network other than TrustPower Limited) on Auckland International Airport Limited’s electricity distribution network
or the provision of electricity lines services by Auckland International Airport Limited to TrustPower, including:
(i) the selection of, and any negotiation with, any electricity retailer for the supply, or intended supply, of electricity to Auckland International Airport Limited; and
(ii) the supply, or intended supply, of electricity by TrustPower Limited to any new, or existing, consumers on Auckland International Airport Limited’s electricity distribution network;
and shall not disclose the outcomes of any discussions or decision making by Auckland International Airport Limited to TrustPower Limited (and vice versa) on those matters; and
(c) this exemption is specific to the cross-involvements created through H.R.L. Morrison & Co Group Limited’s involvements in Auckland International Airport Limited and TrustPower Limited. It does
not extend to any other interest or existing or future cross-involvement of H.R.L. Morrison & Co Group Limited.
The exemption takes effect from the date of publication
of this notice in the New Zealand Gazette.
The Commission may vary or revoke the exemption in accordance with section 81(5) of the EIR Act.