Undertakings

Section 72 of the Commerce Act 1986 provides that the Commission may, instead of making an Authorisation in respect of controlled goods or services, obtain or accept a written undertaking from the supplier of those goods or services.

The Commission received an offer of undertaking from Vector Limited on 21 April 2008 and from Powerco Limited on 23 April 2008 in respect of their controlled gas distribution services. The offers of undertaking are set out below.

Commission's Preliminary View and Submissions

The Commission formed a preliminary view to not accept the offers of undertaking from either Vector Limited or Powerco Limited on 5 September 2008. Written submissions on the Commission's preliminary view were invited from interested parties by 18 September 2008. The Commission's preliminary view is set out below, together with submissions received and the Commission's letters to Vector and Powerco of 25 September 2008.

Offers of Undertaking Not Accepted

The offers of undertaking received from Vector and Powerco have not been accepted by the Commission. The reasons for not accepting either of the offers of undertaking are set out in the memorandum of 30 October 2008 below.

Supporting Documents

Correspondence

(9 documents)

To Powerco - Extension of due date fo Powerco's Cross Submissions - 5 March 2008 Adobe Acrobat PDF (42 KB) (opens in a new window)
Powerco - Chapman Tripp - Due Date for Powerco Cross Submission - 29 February 2008 Adobe Acrobat PDF (88 KB) (opens in a new window)
To Powerco - Undertakings Letter - 29 February 2008 Adobe Acrobat PDF (108 KB) (opens in a new window): Thank you for your telephone enquiry on 22 February regarding the requirements for a possible undertaking to be offered up by Powerco under section 72 of the Act.
Letter to Powerco Re Opex Capex Info 657575_10.pdf Adobe Acrobat PDF () (opens in a new window)
Powerco - Opex and Capex Information - 11 January 2008 Adobe Acrobat PDF (831 KB) (opens in a new window)
To Powerco - Opex and Capex Information - 25 January 2008 Adobe Acrobat PDF (85 KB) (opens in a new window)
To Powerco - Powerco Submission - Supplementary Information - 24 December 2007 Adobe Acrobat PDF (176 KB) (opens in a new window): Thank you for your letter of 13 December 2007. The Commission would like to respond to the issues raised in your letter, clarify some aspects of Powerco's submission, and set out the process going forward as the Commission moves towards making its final decisions for the Authorisation.
To Vector - Outline of an Offer of Undertaking - Vector's Auckland Gas Business - 3 October 2007 Adobe Acrobat PDF (129 KB) (opens in a new window): Thank you for your letter of 14 September 2007 providing an initial indication of an offer of an undertaking under section 72 of the Commerce Act 1986 (the Act), in respect of Vector's controlled gas pipeline business in Auckland (the Offer). Thank you also for your subsequent letter of 26 September 2007, in which you confirm that Vector does not seek protection under the section 100 order of 16 November 2006 (the Order) for any of the information contained in the Offer.
Vector - Offer of Undertaking - Auckland Gas Pipelines Business - 14 September 2007 Adobe Acrobat PDF (515 KB) (opens in a new window)