Electricity Rulings Panel – Member
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About the Electricity Rulings Panel
The Rulings Panel is a specialist dispute resolution and disciplinary body that determines complaints of breaches of the Electricity Industry Code 2010 (the Code) by industry participants, as referred to it by the Electricity Authority. It also determines certain disputes between participants and can hear appeals on specific decisions by the System Operator (Transpower).
The Rulings Panel assists in the enforcement of the Code by:
- hearing complaints about breaches or possible breaches of the Code;
- hearing and determining appeals from certain decisions made under the Code;
- considering and resolving certain disputes between industry participants relating to the Code; and
- making appropriate remedial and other orders.
The Rulings Panel consideration of complaints, a disputes and appeals is governed by the Electricity Industry Act 2010, the Electricity Industry (Enforcement) Regulations 2010 and the Code. If the Rulings Panel upholds a complaint it has a number of options available, including imposing penalties against participants, awarding costs or compensation, issuing suspension or termination orders, and recommending legislative or Code changes.
Comprehensive information about the Rulings Panel can be found at its website.
Electricity Rulings Panel(external link) – electricityrulingspanel.govt.nz
Other functions of the Rulings Panel are to:
- review any suspension of trading by the Electricity Authority under Section 49 of the Electricity Industry Act; and
- exercise any other functions conferred on it under the Electricity Industry Act, the Electricity Industry (Enforcement) Regulations or the Code.
Rulings Panel Procedures
The Rulings Panel has the ability to set, and change, its own procedures. The current procedures and other information about the Rulings Panel can be found here(external link).
Panel member responsibilities
Duties
Only three members of the Panel, including the Chair, will sit at a hearing. The Deputy Chair may act on the Chair’s behalf.
Membership of the panel
The Panel comprises three to five members appointed by the Governor-General. Members are appointed for terms of up to five years and may be reappointed. The Governor-General makes appointments on the recommendation of the Minister for Energy, who must consult with the Minister of Justice and the Electricity Authority. The Electricity Authority funds the Rulings Panel.
Membership and operation of the Rulings Panel is governed by Part 4 of the Electricity Industry (Enforcement) Regulations. Members must be aware of the importance of personal integrity and the need to declare conflicts of interest, either potential or actual (see below).
Time commitment and remuneration
The Rulings Panel workload varies and it depends on the number and types of matters that are referred to it. Historically, it has dealt with an average of three matters per year. When dealing with matters, members of the Rulings Panel are required to spend time reviewing materials and preparing for meetings and hearings. The members of the Electricity Rulings Panel also meet in Wellington as required.
The fee payable to members of the Electricity Rulings Panel for carrying out their duties is set by the Remuneration Authority.
Person specifications
Specific skills required
The Minister for Energy is seeking candidates who can provide the following specific skills and experience:
- An electrical engineer with a detailed understanding of the electricity industry, including the generation and transmission of electricity, grid and system operator functions, and the rules under which electricity is generated and conveyed.
General skills and capabilities
- An understanding of the rules governing the functioning of the electricity market experience in working within the statutory framework to reach decisions
- Being effective in situations where a joint decision is required after consultation with others
- Awareness of the legislative environment for the electricity industry
- A well-developed ability to critically analyse complex information and make effective decisions
Members must also be sure they have the interest and enthusiasm needed for an enforcement and dispute resolution body.
Disqualification of candidates
As described in clause 91 of the Electricity Industry (Enforcement) Regulations, a person is disqualified from being a member of the Rulings Panel if the person:
- has a material financial interest in an industry participtant; or
- is a director, officer, member, employee, or trustee of an industry participant; or
- is otherwise directly or indirectly materially interested in an industry participant; or
- is a member of the Authority.
Additional information
For enquiries about the position, email: boardappointments@mbie.govt.nz