CITY FINANCIAL INVESTMENT COMPANY (NEW ZEALAND) LTD v TRANSPOWER NEW ZEALAND LTD [2018] NZHC 1488

CITY FINANCIAL INVESTMENT COMPANY (NEW ZEALAND) LTD v TRANSPOWER NEW ZEALAND LTD [2018] NZHC 1488

The Court held there was no prima facie breach of the Code: Transpower's annual reports had specified minimum bipole service levels in aggregate and aggregate bipole capacity was maintained after the 2016 change (no breach of cl 12.111); the failure to publish the 2016 report was inadvertent and immaterial (cl 12.118); 'capacity/capability' in cl 13.30 is not confined to a single engineering-only meaning and Transpower provided accurate operational data; clause 7.10 is interpretive and does not impose a freestanding enforceable obligation beyond assessing conduct under the Code; the Authority lawfully declined further action under reg 11 and any procedural concerns did not vitiate the...

Citation
[2018] NZHC 1488
Parties
Applicant/appellant: City Financial Investment Company (New Zealand) Limited; First Respondent: Transpower New Zealand Limited; Second Respondent: The Electricity Authority
Court
High Court
Jurisdiction
New Zealand
Judgment Date
21 June 2018
Procedural Posture
Appeal Under S64 of the Electricity Industry Act 2010 and Judicial Review Under the Judicial Review Procedure Act 2016 / Judgment Delivered 21 June 2018 (reserved Judgment of Cooke J)
Outcome
City Financial's appeal and judicial review claims dismissed
Legal Topics
Interpretation of Regulatory Code, Regulatory Decision to Decline Enforcement (reg 11), Procedural Fairness/natural Justice, Separation of Regulatory and Commercial Roles, Appeal on Question of Law
Electricity Industry Regulation Administrative Law Judicial Review Regulatory Enforcement Interpretation of Regulatory Code Regulatory Decision to Decline Enforcement (reg 11) Procedural Fairness/natural Justice Separation of Regulatory and Commercial Roles +1 more

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Parties

City Financial Investment Company (New Zealand) Limited

Applicant/appellant

Transpower New Zealand Limited

First Respondent

The Electricity Authority

Second Respondent

Procedural Posture

Appeal Under S64 of the Electricity Industry Act 2010 and Judicial Review Under the Judicial Review Procedure Act 2016 / Judgment Delivered 21 June 2018 (reserved Judgment of Cooke J)

Legal Issues

  1. 1 Whether Transpower breached clause 12.111 of the Electricity Industry Participation Code by reducing minimum HVDC service levels
  2. 2 Whether Transpower breached clause 12.118 by failing to publish the annual interconnection report by 30 November 2016
  3. 3 Whether Transpower breached clause 13.30 by providing inaccurate HVDC capability data to the System Operator

Ratio Decidendi

The Court held there was no prima facie breach of the Code: Transpower's annual reports had specified minimum bipole service levels in aggregate and aggregate bipole capacity was maintained after the 2016 change (no breach of cl 12.111); the failure to publish the 2016 report was inadvertent and immaterial (cl 12.118); 'capacity/capability' in cl 13.30 is not confined to a single engineering-only meaning and Transpower provided accurate operational data; clause 7.10 is interpretive and does not impose a freestanding enforceable obligation beyond assessing conduct under the Code; the Authority lawfully declined further action under reg 11 and any procedural concerns did not vitiate the...

Court Disposition

City Financial's appeal and judicial review claims dismissed

Orders

  • Appeal dismissed
  • Judicial review claims dismissed