Water Services Economic Efficiency and Consumer Protection Bill

Hon Dr Duncan Webb

Water Services Economic Efficiency and Consumer Protection Bill

Government Bill



4Functions of Commission under this Act
4Commission’s functions under this Act
5Matters to be considered by Commission and Minister
6Duties of Commission relating to te Tiriti o Waitangi/the Treaty of Waitangi
8Meaning of drinking water infrastructure services
9Transitional, savings, and related provisions
10Act binds the Crown
11Overview of this Part
12Purpose of this Part
14Regulation of water infrastructure services
15Determinations made by Commission under this section
16Amendment of section 15 determination
17Power to exempt disclosure of commercially sensitive information
18When initial input methodologies must be determined
19When initial section 15 determinations must be made
20Regulatory periods
21Ability to change implementation date
22Ability to change other dates for initial input methodologies and initial section 15 determinations
23Minister’s recommendation
23Minister’s recommendation
24Purpose of input methodologies
25Requirement for input methodologies
26How input methodologies apply
27Matters covered by input methodologies
28Commission process for determining input methodologies
29Status of input methodologies, amendments, and revocations
30Changes to input methodologies
31Review and date of publication of input methodologies
31ACommission may direct regulated water services provider to comply with relevant input methodology requirement
31BRegulated water services provider must comply with direction from Commission
32Purpose of information disclosure regulation
33Effect of being subject to information disclosure regulation
34Section 15 determination to set out information disclosure requirements
35Information required may include information about goods or services not subject to regulation under this Part
36Charge for providing copies to public
37Purpose of quality regulation
38Effect of being subject to quality regulation
39Section 15 determination to set out quality path requirements
40Purpose of price-quality regulation
41Effect of being subject to price-quality regulation
42Section 15 determination to set out price-quality path requirements
43Wash-up mechanism for maximum revenues specified in initial price-quality paths
44Smoothing revenues and prices
45Making new section 15 determination
46What happens to price-quality path if input methodologies change
47Deregulation reviews
48Reviews of unregulated water services entities
49Reviews in relation to timing of price-quality regulation
50Outcome of reviews
51Commission must review funding and pricing plans and tariff lists
52Commission may give directions
53Obligations of boards of regulated water services providers in response to direction from Commission
53AOverview of subpart
54Designation of water services entities by Order in Council
55Minister’s recommendation
56Content of designation
57Duration of designation
58Amendment and revocation of designation
59Overview of this Part
60Purpose of this Part
61AOverview of subpart
62Designation of water services entities by Order in Council
63Minister’s recommendation
64Commission’s recommendation
65Process for Commission’s recommendation
66Content of designation order
67Duration of designation order
68Amendment and revocation of designation order
69Commission must make service quality code
70Contents of Commission’s service quality code
71Regulated water services providers must comply with service quality code
72Process for making or amending service quality code
73Requirement for regulated water services provider and drinking water suppliers to provide information to consumers and have complaints process
74Review of complaint outcome using consumer dispute resolution service
75Commission must monitor compliance with complaints process
76Consumer dispute resolution service
77Determinations binding on regulated water services providers and drinking water suppliers
78Appeals against Applications to set aside determinations
79Procedure on appeal section 78 applications
80Compliance with rules, binding settlements, and determinationsEnforcement of binding settlements and determinations
81Commission must review consumer dispute resolution service
81ACompliance statement may be required for purposes of provision of this Part or Schedule 2
81BCommission may give direction to comply with timetables and development codes
82Duties of dispute resolution service provider, regulated water services providers, and drinking water suppliers
83Overview of civil liability
84When court may make pecuniary penalty order
85Maximum amount of pecuniary penalty
86Considerations for court in determining pecuniary penalty
87Court must order that recovery from pecuniary penalty be applied to Commission’s actual costs
88When court may make compensatory orders
89Terms of compensatory orders
90Court may grant injunctions
91When court may grant restraining injunctions
92Commission’s undertaking as to damages not required
92AOrder requiring information disclosure requirement to be complied with
93Rules of civil procedure and civil standard of proof apply
94Limit on proceedings
95More than 1 civil liability remedy may be given for same conduct
96Only 1 pecuniary penalty order may be made for same conduct
97No pecuniary penalty and criminal penalty for same conduct
98Order requiring information disclosure requirement to be complied with
99Offences relating to information disclosure regulation
100Offence relating to quality regulation
101Offence relating to price-quality regulation
101AOffence relating to direction of Commission
102Offence relating to service quality code
102AOffence involving failure to advise consumers about, provide information, and report on complaints process
102BFailure to comply with development code, etc
103Overview of this subpart
104Order to disclose information or publish advertisement
105General orders for breach of service quality codefailure to comply with service quality code or development code
106Other order for breach of service quality codefailure to comply with service quality code or development code
107Certain provisions of subpart 1 apply in respect of proceedings under subpart 3
109Infringement offences
110Who may issue infringement notices
111When infringement notice may be issued
112Revocation of infringement notice before payment made
113What infringement notice must contain
114How infringement notice may be issued to person
115Payment of infringement fees
116Reminder notices
117Relationship between infringement offences and other offences
118Appeals against Commission determinations
119Appeals against input methodology determinations
120Process for appeals
121Input methodology applies pending outcome of appeal
122Jurisdiction of High Court
123Jurisdiction of District Court
124Involvement in contravention
125Illegal contracts provisions do not apply
126Enforceability of other provisions not affected
127Appointment of Water Services Commissioner
128Minister’s recommendation
129Further provisions relating to Water Services Commissioner
130Who performs or exercises functions, duties, and powers of Commission
131Further provisions relating to when Water Services Commissioner acts alone
132Further provisions relating to when Water Services Commissioner acts with 2 or more other members
133Accountability for collective duties
134Alternate member to act instead of Water Services Commissioner in certain circumstances
135Ability to delegate
135Ability to delegate
136Application of Part 6 of Commerce Act 1986 (enforcement, remedies, and appeals)
137Application of Part 7 of Commerce Act 1986 (miscellaneous provisions)
138Additional monitoring and investigation powers based on subpart 8 of Part 4 of Commerce Act 1986
139Powers of Commission under this Part
139AHow review triggered
139BProcess requirements for Commission
139CMinister’s decision
139DAdditional regulation reviews
139EOutcome of additional regulation review
139FDeregulation reviews
139GOutcome of deregulation review
139HReview in relation to early price-quality regulation
139IOutcome of review in relation to early price-quality regulation
139JReview in relation to late price-quality regulation
139KOutcome of review in relation to late price-quality regulation
139LAdditional regulation reviews
139MOutcome of additional regulation review
139NDeregulation reviews
139OOutcome of deregulation review
141Regulations relating to levy
142Levy for consumer dispute resolution services
143Recovery of fees and other money
144Commission to have regard to economic policies of Government
145Material may be incorporated by reference
145Material incorporated by reference
145AMinister may establish Water Services Consumers Agency
145BFunction of Water Services Consumers Agency
146Principal Act
147Part 2, subpart 4 heading Subpart 4 heading in Part 2 amended
148Section 38 amended (Requirement for supplier to provide information to consumers and have complaints process)
149Sections 39 and 40 repealed
150Section 57 amended (General exemptions)
151Section 165 amended (Defence in prosecution for strict liability offence)
152Section 169 amended (Liability of volunteers)
153Cross-heading above section 188 amended
154Section 188 amended (Offence involving failure to advise consumers about, provide, and report on complaint process)
155Section 200 amended (Regulations)
Legislative history

The Parliament of New Zealand enacts as follows: