The Commerce Commission (“Commission”), pursuant to section 81 of the Electricity Industry Reform Act 1998
(“the EIR Act”), exempts Joan Withers from compliance with section 17(2)(b) of the EIR Act in respect of the
cross-involvements (as that term is defined in the EIR Act) with Mighty River Power Limited and Auckland International Airport Limited as outlined in the application for exemption registered by the Commission on 15 June 2009.
The exemption is subject to the following terms and conditions:
(a) Whilst Joan Withers is cross-involved with Mighty River Power Limited and Auckland International Airport Limited, Joan Withers shall not participate in any discussions or decision making by Mighty River Power Limited and/or Auckland International Airport Limited regarding matters that relate to or could affect or favour the supply of electricity by Mighty River Power Limited (or disadvantage any other business selling electricity on Auckland International Airport Limited’s network other
than Mighty River Power Limited) on Auckland International Airport Limited’s electricity distribution network or the provision of electricity lines services by Auckland International Airport Limited to Mighty River Power, 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 Mighty Power 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 Mighty River Power Limited (and vice versa) on those matters;
(b) Joan Withers will confirm to the Commission, in writing, that the cross-involvement to which this exemption applies has ceased within one calendar month of the cross-involvement ceasing to exist;
(c) this exemption expires when the Commission publishes on its website Joan Withers’ written confirmation that her cross-involvement has ceased, unless any variation or earlier revocation in terms of section 81(5) occurs before that event; and
(d) this exemption is specific to the cross-involvements created through Joan Withers’ involvements in Auckland International Airport Limited and Mighty River Power Limited. It does not extend to any other interest or existing or future cross-involvement of Joan Withers.
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.