Exemptions to information disclosure requirements

There may be occasions where a regulated water supplier assesses that it is not able to reasonably comply with ID regulation. In these circumstances, a regulated water supplier may apply for an exemption under section 57U of the Commerce Act, which allows the Commission to grant exemptions from ID regulation.

The Commission does not offer advice on whether a supplier should apply for an exemption, suppliers should make this decision themselves.

An application for an exemption should be submitted in writing to us at infrastructure.regulation@comcom.govt.nz.

The request should include sufficient information to enable the Commission to make a decision, including:

• the ID requirements from which an exemption is sought
• the reasons why the supplier considers that it cannot reasonably comply with the ID requirements
• the period for which an exemption is sought
• an assessment of the impact of the proposed non-compliance on consumers and other parties potentially affected by the exempted disclosure
• the supplier’s view on how the purpose of ID will continue to be able to be met, despite the granting of the exemption, and
• any proposals for alternative information that would be disclosed instead of the required information if the exemption is granted.

Exemption request timeframes vary. The process depends on:

• the nature and complexity of the application and relevant circumstances, 
• the sufficiency of the supporting information provided by the supplier,
• and the resources available within the Commission when you apply. 

Suppliers should allow us sufficient time to process the application. As a general guide, it is suggested that providers apply at least 2 months in advance of the relevant disclosure due date.

Under section 57U, the Commission may grant an exemption only if:

• the costs of complying with provision/provisions outweighs the benefits, and
• the extent of the exemption is not broader than is reasonably necessary to address the matters that gave rise to the exemption

The Commission may also set terms and conditions on an exemption.

Exemptions are granted prospectively (and not retrospectively) on a case-by-case basis. Approval of an exemption in the past does not necessarily create a precedent for future approvals. A practical and proportionate approach is taken which considers regulated water supplier’s circumstances, including any early transitional stage.

Submission of an application does not guarantee it will be approved and suppliers should have time to make alternative arrangements if the exemption request is denied.