30 Nov 2018
VECTOR LIMITED v ELECTRICITY AUTHORITY [2018] NZCA 543
- Citation
- [2018] NZCA 543
- Court
- Court of Appeal
The Authority may lawfully prescribe standardised core terms in distributor-retailer UoSAs under the Electricity Industry Act where such prescription advances the Act's objectives, but the Authority did not establish that the Act authorised or that it was necessary or desirable to proscribe all other contractual terms; proposed clauses 12A.4(1)(b) and 12A.10(2), which would exclude any other terms or confine alternatives only to distribution services, exceed the Authority's lawful powers and are unlawful.