Notice Type
Authorities/Other Agencies of State
Notice Title

Electricity Industry (Exemption No. 315 (EMHTrade Limited)) Exemption Notice 2021

In accordance with section 11 of the Electricity Industry Act 2010 (“Act”), the Electricity Authority (“Authority”) gives the following notice.


1. Title and Commencement

(1) This notice is the Electricity Industry (Exemption No. 315 (EMHTrade Limited)) Exemption Notice 2021.

(2) This notice comes into force on the day after the date it is notified in the New Zealand Gazette.

2. Exemption

(1) EMHTrade Limited (“EMHTrade”) is exempted from the complying with the obligations in clause 15.37A and 15.38 of the Electricity Industry Participation Code 2010 (“Code”) to arrange for regular audits and hold certification in accordance with Schedule 15.1 of the Code.

3. Term

This exemption expires on the earlier of:

  1. the close of 30 June 2022; or
  2. the date when on which, after this exemption comes into force, EMHTrade is recorded in the registry as having responsibly for an installation control point.

4. Reasons for Granting the Exemption

The reasons for granting this exemption are:

  1. EMHTrade has exited the market and it is financially inefficient for it to be audited, or hold certification
  2. it would be beneficial to the industry for EMHTrade to be authorised to provide revised submission information as an input to the reconciliation wash-up process
  3. should the Authority have concerns about the functions EMHTrade is performing, clause 15.37C provides that the Authority may carry out an audit at any time
  4. granting the exemption would have no significant effect on other participants
  5. the Authority has approved three similar exemptions for participants exiting the market; and
  6. granting the requested exemption meets the requirements in section 11(2) of the Act.

Dated at Wellington this 7th day of October 2021.

For and on behalf of the Electricity Authority:
ALLAN DAWSON, Member, Electricity Authority.