3 Jul 2023
NOVA ENERGY LIMITED v ELECTRICITY AUTHORITY [2023] NZCA 275
- Citation
- [2023] NZCA 275
- Court
- Court of Appeal
The Court held the Authority's decision to allocate the residual charge by gross AMD, including co-generation, was rational and within its statutory powers and objectives: the allocation was a defensible policy choice aimed to recover unallocated costs in a least-distorting manner, the Authority had considered the relevant limbs of s15(1) and undertaken consultation and analysis, and there was no irrationality or legal error warranting judicial intervention; accordingly the appeal was dismissed.