Electricity Reform Act 2000

(1) The Utilities Commission must consider an application for a licence and may grant or refuse to grant the licence.

(2) The Utilities Commission must have regard to the general factors specified in section 6(2) of the Utilities Commission Act 2000 and, subject to this section, may only issue a licence if satisfied that:

(b) in the case of a licence authorising the generation of electricity – the generating plant (or proposed generating plant) will have the necessary characteristics to generate electricity of the appropriate quality for the relevant electricity network;

(c) in the case of a licence authorising the operation of an electricity network – the network has (or the proposed network will have) the necessary characteristics for transmitting or distributing electricity reliably and safely;

(d) in the case of a licence authorising selling of electricity – the applicant will be able to meet reasonably foreseeable obligations for the sale of electricity;

(e) in the case of a licence authorising system control over a power system – the applicant will be able to adequately exercise system control functions;

(f) in the case of a licence authorising other operations in the electricity supply industry for which a licence is required under the Regulations – the applicant meets any special requirements imposed by the Regulations for the holding of the licence; and

(g) in the case of a licence of any class – the grant of the licence would be consistent with criteria (if any) prescribed by the Regulations for a licence of the relevant class.

(3) In deciding whether an applicant is a suitable person to hold a licence, the Utilities Commission may consider:

(a) the applicant's previous commercial and other dealings and the standard of honesty and integrity shown in those dealings;

(b) the financial, technical and human resources available to the applicant;

(c) the officers and, if applicable, major shareholders of the applicant and their previous commercial and other dealings and the standard of honesty and integrity shown in those dealings (including breaches of statutory and other legal obligations); and

(a) a person carries on or proposes to carry on operations for which a licence is required as agent of another person;

(b) the agent makes application for the licence on the agent's own behalf and on behalf of the principal; and

(c) the Utilities Commission is satisfied that the criteria for granting the licence are met in relation to the agent,

the Utilities Commission may dispense with the requirement that it be satisfied that the criteria are met in relation to the principal and grant the licence to the agent and the principal to be held by them jointly.