s 3

Terms used

In force

(1)

In this Act, unless the contrary intention appears —

Authority means the Economic Regulation Authority established by the Economic Regulation Authority Act 2003;

commercial information means —

(a)

any knowledge or information relating to technology, marketing or energy used in a person’s business and that might reasonably be expected adversely to affect the business or interests of that person if disclosed to another person; or

(b)

other information that has commercial value;

component means a component of a distribution system, distribution works, transmission works or service apparatus;

Coordinator means the Coordinator of Energy referred to in section 4;

Director means the Director of Energy Safety referred to in section 5;

distribution licence means a licence having the classification referred to in section 11D(1)(a);

distribution system means —

(a)

a system of pipelines, mains, and gas service pipes, designed to operate at a pressure of less than 1.9 megapascals, for the transportation of gas to customers; or

(b)

any other part of the gas distribution system (as defined in section 90 of the Gas Corporation Act 1994 repealed by section 93 of the Gas Corporation (Business Disposal) Act 1999) at the time when a distribution licence is first issued for all or any part of that system (regardless of the pressure at which it is designed to operate),

and any associated apparatus, facilities, structures, plant, or equipment;

distribution works has the same meaning as it has in the Electricity Act 1945 section 5(1);

electricity includes electrical energy of any kind however produced, stored, transported or consumed;

energy means electricity, gas and thermal energy however derived;

gas means any gas or mixture of gases, whether naturally occurring or manufactured, intended for use —

(a)

as a fuel; or

(b)

in any chemical process;

inspector means a person designated as an inspector under section 12;

licence means a distribution licence or trading licence;

licensee means the holder of a licence and any transferee of the licence under section 11R;

Minister has a meaning that is modified by subsections (2) and (3);

network operator means —

(a)

in relation to gas —

(i)

the holder of a distribution licence for a distribution system and includes a person who operates the system on behalf of that holder; and

(ii)

a person granted an exemption under section 11H from holding a distribution licence for a distribution system and includes a person who operates the system on behalf of that person;

(b)

in relation to electricity —

(i)

a network operator as defined in the Electricity Act 1945 section 5(1); and

(ii)

any other person lawfully operating transmission or distribution works;

small use customer means a customer whose consumption of gas is less than 1 terajoule per year;

supply, in relation to gas, means —

(a)

the transportation of gas through a distribution system; or

(b)

the sale of gas transported through a distribution system;

supply area means an area for the time being constituted as such under section 11A;

supply authority has the meaning given to that term in the Electricity Act 1945 section 5(1);

trade secret means any knowledge or information —

(a)

relating to technology, marketing, energy, or energy resources or reserves; or

(b)

as to the business of the person concerned,

the disclosure of which by a person performing functions under this Act might reasonably be expected to adversely affect the business or interests of the person concerned;

trading licence means a licence having the classification referred to in section 11D(1)(b);

transmission works has the meaning given to that term in the Electricity Act 1945 section 5(1).

(2)

A reference in a provision of this Act to the Minister is a reference to —

(a)

if, for the time being, different Ministers administer the provision in respect of different matters — the Minister administering the provision in respect of the matter in respect of which the provision is being applied; or

(b)

if paragraph (a) does not apply — the Minister administering the provision.

(3)

A reference in a regulation made under section 26 to the Minister is a reference to —

(a)

if, for the time being, different Ministers administer section 26 in respect of different matters — the Minister administering section 26 in respect of the matter in respect of which the regulation is being applied; or

(b)

if paragraph (a) does not apply — the Minister administering section 26.

(4)

Subsections (2) and (3) do not limit the operation of section 12 of the Interpretation Act 1984.

[Section 3 amended: No. 20 of 1999 s. 5; No. 58 of 1999 s. 47; No. 53 of 2003 s. 14, 66 and 118; No. 67 of 2003 Sch. 2 cl. 9; No. 28 of 2006 s. 167; No. 5 of 2007 s. 11.]

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