Notice Type
Authorities/Other Agencies of State
Notice Title

Notice of Exemption for Mark Cairns Under Section 90(1)(b) of the Electricity Industry Act 2010

In accordance with section 90(1)(b) of the Electricity Industry Act 2010 (“Act”), the Electricity Authority (“Authority”) gives the following notice.

Notice

1. Exemption

Mark Cairns (“Mr Cairns”) is exempted from compliance with sections 75, 77–79 and 88 of the Act, in relation to his appointment as a director of the Auckland International Airport Limited (AIAL) board while he is also a director of the Meridian Energy Limited (“Meridian”) board.

2. Term

This exemption will expire on 31 October 2023.

3. Conditions

This exemption is subject to the following conditions:

(1) While Mr Cairns is a director of both AIAL and Meridian:

  1. From 1 June 2022 to 31 October 2023 (inclusive), Mr Cairns must not participate in any discussions or decision making by both the AIAL board and the Meridian board regarding matters that relate to or could affect or favour the supply of electricity by Meridian (or disadvantage any other business selling electricity on AIAL’s network other than Meridian) on AIAL’s electricity distribution network or the provision of electricity lines services by AIAL to Meridian, including:
    1. the selection of, and any negotiation with, any electricity retailer for the supply, or intended supply, of electricity to AIAL; and
    2. the supply, or intended supply, of electricity by Meridian to any new, or existing, consumer on AIAL’s electricity distribution network.
  2. Mr Cairns shall not disclose the content or outcomes of any discussions or decision making by the AIAL board to the Meridian board (and vice versa) on those matters set out in paragraph (b) above.

(2) On or before 31 October 2023, Mr Cairns will confirm to the Authority, in writing, that the cross-directorship to which this exemption applies has ceased.

(3) This exemption is specific to the cross-involvements created through Mr Cairns’ directorships in both the AIAL board and the Meridian board. It does not extend to any other directorships, interest or future cross-involvement of Mr Cairns.

4. Commencement

This exemption comes into force on the date it is notified in the New Zealand Gazette.

Dated at Wellington this 13th day of June 2022.

For and on behalf of the Electricity Authority:
Dr NICOLA CRAUFORD, Chair, Electricity Authority.