Minister may get certain information from water service licensees
14 Minister may get certain information from water service licensees
The Minister may direct a water service licensee to give the Minister specified information, or information relevant to a specified matter, that the Minister considers is relevant to the Minister’s functions under, or relating to, this Act or a relevant Act.
The direction must be in writing, must specify the time period (in days) within which it must be complied with and may specify the form and manner in which the information is to be provided.
The licensee must comply with the direction even though the direction requires the licensee to give the Minister information that is confidential or commercially sensitive.
If the licensee objects to the direction the licensee is to notify the Minister, in writing within 7 days of receipt of the direction, of its objection and any reasons for it.
If the licensee gives a notice to the Minister under subsection (4) —
the Minister is to consult with the ERA Minister and, having regard to those consultations, is to cancel or confirm the direction; and
the licensee is not required to comply with the direction unless it is confirmed.
If the Minister confirms a direction —
the Minister must notify the licensee; and
the time period within which the direction must be complied with commences on the day on which it is confirmed.
The licensee, a subsidiary of the licensee or a person performing functions for or on behalf of the licensee or subsidiary incurs no civil or criminal liability as a result of complying with the direction, and is not to be regarded for any purpose as being in breach of any duty of confidentiality.
A water services licensee that does not comply with a direction that has not been objected to or that has been confirmed commits an offence.
Penalty: $5 000.
The Minister must cause a copy of a direction under subsection (1) (other than a direction that has been cancelled) to be laid before each House of Parliament, or dealt with under section 110, within 14 days after the day on which the direction is given or confirmed (which ever is the later).
The annual report submitted by the accountable authority of the Department under Part 5 of the Financial Management Act 2006 is to list each direction under subsection (1) in the year (other than a direction that has been cancelled).
For the purposes of subsection (9) or (10), the Minister or the accountable authority (which ever is relevant) may obliterate or omit so much of the direction as is necessary to avoid disclosing confidential or commercially sensitive material.
In this section —
ERA Minister means the Minister administering the Economic Regulation Authority Act 2003;
water services licensee means a licensee as defined in the Water Services Act 2012 section 3(1).
[Section 14 inserted: No. 38 of 2007 s. 107; amended: No. 25 of 2012 s. 81.]
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