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Special Market Brief: 22 July 2022

URGENT - Appeal of 9 August 2021 UTS and PEC - directions for participants who wish to be served to join the appeal proceedings

Haast Energy Trading Limited and Electric Kiwi Limited (Appellants) have appealed against the Authority’s decisions on the claimed undesirable trading situation (UTS) and pricing error claim (PEC) arising as a result of the events on 9 August 2021.
 
The appellants have applied for an order that prices for the affected trading periods remain interim until the appeals have been determined. The Authority does not agree that prices should be held until the appeals have been determined but has agreed to hold prices as interim until the application for interim relief has been determined by the Court.
 
The Court has directed that any industry participant (as defined in section 7 of the Electricity Industry Act) may request to be served with the proceedings by providing written notice to the appellants’ solicitors by 5pm on 22 July 2022.
 
The appellants’ solicitors are:
MacKenzie Elvin - Thomas Refoy-Butler
thomas@mackenzie-elvin.com
 
Note that the Authority is seeking an extension regarding the time participants will have to request service to 5pm Friday 29 July 2022 and anticipate being able to confirm this extension in Market Brief on Tuesday 26 July 2022 but currently the deadline remains 5pm today (Friday 22 July 2022).
 
The Authority’s decision document, previous consultation documents, submissions, and the claim are on our website.
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