Introduction

 

The Gas Governance (Compliance) Regulations 2008 (the 'Compliance Regulations’) came into effect on 11 September 2008. The Compliance Regulations were amended on 6 November 2008 to apply to the Gas Governance (Critical Contingency Management) Regulations 2008.

Gas Governance (Compliance) Regulations 2008

The Compliance Regulations provide for the monitoring and enforcement of the following rules (collectively, the ‘Rules’):

  • Gas (Switching Arrangements) Rules 2008;
  • Gas (Processing Facilities Information Disclosure) Rules 2008;
  • Gas (Downstream Reconciliation) Rules 2008; and
  • Gas Governance (Critical Contingency Management) Regulations 2008.

The purpose of this webpage is to provide a summary of the Compliance Regulations. It is not a substitute for familiarity with the Compliance Regulations themselves and must not be relied on as authoritative.

The Compliance Regulations provide for the appointment of three bodies to undertake a range of functions: 

  • A market administrator – who receives breach allegations, refers material allegations to an investigator and attempts to settle non-material allegations. The market administrator function will initially be undertaken by Gas Industry Co.
  • An investigator – who investigates allegations of material breaches (and unresolved non-material breaches referred by parties) and attempts to settle them. Jacquie Kean, Barrister, and Jason McHerron, Barrister, have been appointed as  investigators.
  • A Rulings Panel – which has jurisdiction to approve or decline settlements and determine breach allegations. The Minister of Energy has appointed Hon Sir John Hansen KNZM as the Rulings Panel.
A flowchart of the compliance process is available for viewing below: