22 Dec 2011
WELLINGTON INTERNATIONAL AIRPORT LIMITED V COMMERCE COMMISSION HC WN CIV-2011-485-1031
- Citation
- openlaw-98d1471c_1b76_4287_86f8_96a02d793b2e.pdf
- Court
- High Court
The Commission's cross-sectoral approach to developing Cost of Capital IMs and other IMs was lawful and did not breach s52V or procedural fairness so long as the Commission implemented the process it had publicly outlined and provided a fair and reasonable opportunity to comment; however Transpower was denied a fair opportunity to comment on the specific comparator-based leverage decision adopted for Transpower because that change was introduced after technical consultation closed, so the Transpower Cost of Capital IM is unlawful insofar as it fixes Transpower's leverage without further consu…