These are investigations where no settlement was reached by the parties and the Authority Board decided not to lay a formal complaint with the Rulings Panel.

13 October 2022 – Investigation of alleged breaches by Nova Energy Limited

Nova Energy Limited was alleged to have breached several Code provisions between March 2019 and October 2020.

The alleged beaches resulted from a fault with a metering installation that was undetected for more than 18 months. The fault caused the amount of electricity measured by the metering installation to be reduced to about two thirds of actual consumption.

13 October 2022 – Investigation of alleged breaches by Counties Energy Limited

Counties Energy Limited was alleged to have breached several Code provisions between March 2019 and February 2021.

The alleged beaches resulted from a fault with a metering installation that went undetected for more than 18 months. The fault caused the amount of electricity measured by the metering installation to be reduced to about two thirds of actual consumption.

13 October 2022 – Transpower New Zealand Limited as the system operator

The system operator self-reported breaches of clauses 13.58A(1)(e)(i) and 13.58A(2)(d)(i) of the Code when it incorrectly modelled the AC transmission system by incorrectly modelling the Pakuranga to Whakamaru circuit impedances. The Authority alleged breaches of clauses 13.69A and 13.88(3) of the Code.

13 October 2022 – Investigations into alleged breaches by Vector Limited, Powerco Limited and Aurora Energy Limited concerning recorded terms in their Default Distribution Agreements

Vector, Powerco and Aurora were alleged to have breached clause 3 of Schedule 12.4A of the Code by including certain exclusion of liability terms as recorded terms in their Default Distributor Agreements (DDA), which appeared to circumvent the core terms of the DDA.
The Authority decided to discontinue the investigations because the investigator considered the recorded terms to have no effective restrictions and therefore to be effectively in a “safe harbour” from a Code enforcement perspective.

16 June 2022 – Transpower New Zealand Limited as the system operator

The system operator incorrectly modelled the AC transmission system during a multi-stage project at the Mangahao substation affecting non-response schedules, price response schedules, real time price, and real time dispatch and final pricing schedules.
The system operator self-reported breaches of clauses 13.58A(1)(e)(i) and 13.58A(2)(d)(i). The Authority alleged breaches of clauses 13.69A and 13.88(3).

28 February 2022 – Genesis Energy Limited alleged trading conduct breach concerning 9 August 2021

Genesis Energy Limited was alleged to have breached clause 13.5A by withholding generation capacity during trading periods 37 – 42 on 9 August 2021.

The investigation found no breach, concluding Genesis’ behaviour to not offer HLY4 for the evening of 9 August was within the realm of behaviours consistent with that of a rational generator which does not hold significant market power.

The investigator modelled HLY4 turning on at different times on the morning of 9 August, allowing for scenarios where it was operating at its full capacity by 6:00 pm, and where it reached its full capacity later than this.

The modelling found, for most of the morning of 9 August, price signals did not merit offering HLY4 generation.

There was a small window from approximately 10:45 am when it could have been profitable for HLY4 to run. HLY4 is not a peaking unit and was cold, meaning it would need around 9 hours to ramp up to generate at full capacity. Therefore making a decision at this time would have enabled HLY4 to reach its minimum load by 6:51 pm, after the peak demand had passed.

This would have involved various risks, such as forecast prices changing, the start-up taking longer than expected, and running the unit in a way that creates extra physical risks. The investigator considered a rational generator may have weighed up the potential expected profit against the risks of running, and come to the same decision as Genesis not to run the unit.

The possible market power Genesis may have expected to have through HLY4 for the evening of 9 August was not assessed to be significant.

6 December 2021 - Transpower New Zealand Limited as the grid owner

The grid owner self-reported that it had breached clause 4(4)(a)(ii) of Technical Code A of Schedule 8.3 of the Electricity Industry Participation Code 2010. The investigation found no breach concerning the unexpected operation of the protection system causing a loss of supply. The core issue was the inadequate earthing system.

10 September 2021 - Investigation of alleged breaches of clause 10.6 by Advanced Metering Services Limited

The Authority alleged that AMSL breached clause 10.6 of the Code when it provided inaccurate, misleading or deceptive information during an audit.  Some category 2 metering certification reports supplied to the auditor were edited to show burden results higher than those originally recorded.

2 September 2021 - Trustpower Limited

It was alleged that Trustpower breached clause 11.15AA when it made contact with a customer switching multiple ICPs to a gaining retailer in an attempt to retain the customer during the switch protected period.

1 April 2021 - Meridian Energy Limited

Meridian Energy Limited was alleged to have breached clause 13.5A with its offers for its Manapouri and Waitaki power schemes when it was spilling water from 10 November 2019 to 16 January 2020.

Meridian Energy Limited investigation report

The Authority received consent from all parties to the investigation to publish the investigator's report that otherwise would have been restricted under the confidentiality requirements in the Enforcement Regulations. This is the same report that parties to the investigation received except it identifies the relevant section of the Official Information Act for the redaction.

1 April 2021 - Contact Energy Limited

Contact Energy Limited was alleged to have breached clause 13.5A with its offers for its Clyde and Roxburgh power stations when it was spilling water from 11 November 2019 to 28 December 2019.

Contact Energy Limited investigation report

The Authority received consent from all parties to the investigation to publish the investigator's report that otherwise would have been restricted under the confidentiality requirements in the Enforcement Regulations.

Proactive release: Board Papers and Ministerial briefing: Contact and Meridian investigations 2019/20

These documents have been released in the interests of transparency

3 March 2021 – Genesis Energy Limited

Genesis Energy Limited self-reported that it breached clause 13.225(1)(b) by disclosing twice (and in some cases, three times) its ASX trades to the Authority’s hedge disclosure system. The Authority alleged a breach of clause 13.2(1) in relation to the circumstances.

2 December 2020 - Simply Energy Limited

Simply Energy Limited self-reported that it had breached clause 10.7 by not using its best endeavours to arrange access to the metering installation for the metering equipment provider (MEP). However, Simply Energy had arranged for the MEP to have access to the metering installation and had not breached this provision.

2 December 2020 - Genesis Energy (clause 11.15AB(4))

Genesis Energy Limited breached clause 11.15AB(4) on 10 April 2019 by approaching a customer during the switch save protection period in an attempt to persuade the customer to terminate their arrangement with a switch save protected trader. The attempt was successful, and the customer cancelled the switch.

2 December 2020 - Transpower as the system operator

Transpower New Zealand Limited as the system operator breached clause 13.58A(1)(e)(i) and (2)(d)(i), and clause 13.69A from 28 to 31 March 2019. The breaches occurred after the system operator implemented a special protection scheme (SPS) automation project when the system operator used the incorrect default status of the SPS.

2 December 2020 - Ventia NZ Operations Limited

Ventia NZ Operations Limited breached clause 10.38(a) by failing to maintain certification for metering installations for which it is responsible. Ventia also breached clause 20(2) of Schedule 10.7 when it failed to update the registry within 10 business days of the date of becoming aware of the expiration of certification for metering installations for which it is responsible.

2 December 2020 - Genesis Energy (clause 13.5A)

Genesis Energy Limited was alleged to have breached clause 13.5A when it raised its Tekapo A generating station’s energy offer prices on several occasions during a period of islanded operation between 6 and 9 August 2018.

5 August 2020 - Genesis Energy Limited

Investigation of an alleged breach of clause 13.82(2) by Genesis Energy Limited when it exceeded a dispatch instruction by 38MW for generation at Huntly Unit 6. Genesis provided insufficient information to provide clarity around the event.

5 August 2020

Investigation of an alleged breach of clause 10.33A(1)(c) by Pioneer Energy Limited

5 August 2020

Investigation of an alleged breach of clause 11.4(3) by WEL Networks Limited

5 December 2019

3 October 2019

13 February 2019

Investigation of an alleged breach of clause 11.15AB(4) of the Code by Genesis Energy Limited

13 February 2019

Investigation of breaches of clauses 4.1(b) and 6.1(d) of the Security of Supply Forecasting and Information Policy by Transpower New Zealand Limited as the system operator.

28 June 2018

Investigation of a breaches of clauses 13.58(3A)(a), 13.58(3B)(a), and 13.71(1)(d) and clause 15 of Schedule 13.3. by Transpower New Zealand Limited as the system operator.

19 December 2017

Investigation of a breach of clause 13.33(d) by Transpower New Zealand Limited as the grid owner.

31 October 2017

Investigation of an alleged breach of clause 13.5A by Mercury NZ Limited

4 May 2017

Investigation of alleged breaches of clause 13.5A(1) by Meridian Energy Limited.

4 May 2017

Investigation of alleged breach of clause 11.15AB(4) on 9 September 2015 by Bosco Connect Limited.

23 February 2017

Investigation of alleged breaches by Broadspectrum (New Zealand) Limited as a metering equipment provider.

28 April 2016

Investigation of alleged breaches of clause 2(2)(b) of Technical Code A of Schedule 8.3 by Transpower New Zealand Limited as the grid owner.

 

28 April 2016

Investigation of a self-reported breach of clause 4(4)(a)(ii) of Technical Code A of Schedule 8.3 of the Code from 30 June 2014 to 6 February 2015 by Transpower New Zealand Limited as the grid owner

 

26 February 2016

Investigation of a self-reported breach of clause 13.33(d) of the Code on 23 January 2015 by Transpower New Zealand Limited as the grid owner.

26 February 2016

Investigation of a self-reported breach of clause 13.33(d) of the Code on 2 March 2015 by Transpower New Zealand Limited as the grid owner.

 

26 February 2016

Investigation of alleged breaches of clause 13.69A by Transpower New Zealand Limited as the system operator.

15 October 2015

Investigation of alleged breaches by Delta Utility Services Limited of clause 18 of Schedule 10.7 as a metering equipment provider (expired interim certification).

15 October 2015

Investigation of a self-reported breach of clause 90.1(b) of the Policy Statement on 28 August 2014 by Transpower New Zealand Limited as the system operator.

 

8 April 2015

8 April 2015 Investigation of alleged breaches of clause 13.9(b) and 13.17(3) of the Code by Trustpower Limited on 21 May 2014

26 February 2015

Investigation of alleged breach of clause 4(4)(a)(i) of Technical Code A of Schedule 8.3 of the Electricity Industry Participation Code 2010 (Code) by Transpower New Zealand Limited as the grid owner from 5 June 2015 to 18 July 2014.

 21 November 2014

Investigation of an alleged breach of regulation 14(1)(c) of the Electricity (Low Fixed Charge Tariff Option for Domestic Consumers) Regulations 2004 by The Lines Company Limited

Decision

27 June 2014

Investigation of alleged breaches of clause 13.135(b) and clause 15(d(ii) of Schedule 13.3 of the Code by NZX Limited, as the pricing manager on 20 September 2013.

30 January 2013

Investigation of alleged breach of rule 6.1 of Technical Code B of Schedule C3 of part C of the Rules from 1 March 2004 to 31 October 2010 and a breach of clause 7.2 of Technical Code B of Schedule 8.3 of the Code from 1 November 2010 to 31 December 2012 by Transpower New Zealand Limited as the grid owner.

14 June 2012

Investigation of a self-reported breach of clause 13.82 of the Code on 15 November 2011 by Genesis Power Limited.

22 March 2012

Investigations of the self-reported breaches of rule 11.4.9.5 of part J and rule 2.2.1 of schedule J3 of part J of the Rules by Contact Energy Limited and the alleged breach of rule 11.4.9.2 of part J by NZX Limited, acting as the Reconciliation Manager.

22 March 2012

Investigations of self-reported breaches of rule 2.2.1 of schedule J3 of part J of the Rules on 17 March 2009 and from 21 April 2009 to 17 July 2009 by TrustPower Limited.

9 February 2012

Investigation of alleged breaches of regulation 14, clause 20 of schedule 2 and clause 2(2) of schedule 3 of the Electricity Governance (Connection of Distributed Generation) Regulations by The Lines Company Limited.

9 February 2012

Investigation of self-reported breaches of rule 1.2 of part J of the Rules by Contact Energy Limited.

28 July 2011

Investigation of self-reported breaches of clauses 9 and 10 of schedule 11.1; clauses 3, 4, 5, 6, 10, 11 and 18 of schedule 11.3 and clause 8(1) of schedule 15.1 of the Electricity Industry Participation Code by Meridian Energy.

26 May 2011

Investigation of alleged breach of clause 33.1 of the Policy Statement by the System Operator.

14 April 2011

Investigation of a self-reported breach of rule 1.3.4.7 of schedule G6 of part G and alleged breaches of rules 1.3.1.3 and 1.3.2.4 of schedule G6 of part G of the Rules by the System Operator.

Investigation of self-reported breaches of rule 2.2.5 of section II of part C of the Rules by the System Operator.

9 February 2011

Investigation of alleged breach of rule 2.3 of schedule E2 of part E of the Rules by Genesis Energy and rule 2.4.2.1 of schedule E2 of part E of the Rules by Meridian Energy.

For older investigations see our archive.

Archive – Compliance – Investigations closed – no settlement reached