1. The Electricity Authority (“Authority”) gives notice of the Electricity Industry Participation Code (Non-Discrimination Obligations and Associated Amendments) Amendment 2026 (“amendment”), made under section 38 of the Electricity Industry Act 2010 (“Act”) on 15 May 2026.

2. The amendment comes into force on 1 July 2026.

3. The amendment amends Parts 1 and 13 of the Electricity Industry Participation Code (“Code”).

4. The amendment inserts a new subpart 5C to Part 13 of the Code, which imposes non-discrimination obligations on gentailers in respect of the supply and pricing of risk management contracts to buyers. It provides:

1. gentailers must not discriminate between buyers or between its own internal business units and buyers when supplying or pricing risk management contracts;
2. gentailers must engage in good faith, carry out objective credit assessments, provide equal access to commercial information and protect buyer confidential information;
3. gentailers must establish, maintain and keep records that demonstrate compliance with the non-discrimination obligations; and

4. for other matters to support the non-discrimination obligations, including a requirement that gentailers undertake retail price consistency assessments.

The amendment also amends the internal transfer prices and retail gross margin reporting obligations in Part 13 of the Code, by:

1. removing clause 13.256 – 13.258 of the Code in relation to internal transfer pricing information;
2. removing the requirements on gentailers to provide retail gross margin reports to the Authority; and
3. requiring gentailers to provide certain cost information to the Authority.

5. The amendment is secondary legislation for the purpose of the Legislation Act 2019 and is administered by the Authority.

6. A copy of the amendment and the Code is available on the Authority’s website at: https://www.ea.govt.nz/code-and-compliance/the-code-electricity-industry-participation-code-2010/.

7. A copy of the amendment and the Code may also be inspected free of charge or purchased from the Authority, Level 7, Aon Centre, 1 Willis Street, Wellington.

Dated at Wellington this 15th day of May 2026.

ERIK WESTERGAARD, Acting Chair, Electricity Authority.