Pursuant to section 52W of the Commerce Act 1986 (the “Act”), the Commerce Commission (“Commission”) gives the following notice.

The input methodologies applicable to electricity distribution businesses, gas pipeline businesses and airports under Part 4 of the Act have been amended by the High Court under section 52Z(3)(b)(i) of the Act.

The amendments relate to the following determinations:

• Electricity Distribution Services Input Methodologies Determination 2012, [2012] NZCC 26 (the “EDB IM Determination”);
• Gas Distribution Services Input Methodologies Determination 2012, [2012] NZCC 27 (the “GDB IM Determination”);
• Gas Transmission Services Input Methodologies Determination 2012, [2012] NZCC 28 (the “GTB IM Determination”); and
• Commerce Act (Specified Airport Services Input Methodologies) Determination 2010 (Commerce Commission Decision No. 709, 22 December 2010) (the “Airport IM Determination”).

The amendments are set out in the Publication of Electricity, Gas, and Airport Input Methodology Amendments order by the High Court (“Amendment”).

The Amendment amends the input methodologies for reconsideration of default price-quality paths set out in Subpart 5 of Part 4 of the EDB IM determination the GDB IM Determination, and the GTB IM Determination.

The Amendment also amends the input methodologies contained in the Airport IM Determination for:

1. the initial valuation date for land; and
2. Auckland International Airport Limited’s cost of constructing the Northern Runway.

This amendment gives effect to the High Court decision in Wellington International Airports Ltd and others v Commerce Commission [2013] NZHC 3289.

Copies of the amendments determined by the High Court are available on the Commission’s website at

www.comcom.govt.nz/regulated-industries/input-methodologies-2/amendments-and-clarifications/

and are available for inspection free of charge at the Commission (during ordinary office hours), or for purchase at a reasonable price at the Commission, 44 The Terrace, Wellington.

Dated at Wellington this 27th day of November 2014.

COMMERCE COMMISSION.