Energy and Water Ombudsman Act 2006
sec.35Final orders that may be made
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sec.35 Final orders that may be made
A final order may order the relevant entity to do all or any of the following as it relates to the subject of the relevant dispute— pay compensation to the non-entity party; provide the non-entity party with stated goods or services under the relevant energy Act or the customer water and wastewater code; amend, or not impose, a stated charge for stated services under the relevant energy Act or the customer water and wastewater code; perform corrective action or work; correct, delete from or add to a stated record; add to a stated record a statement provided by the non-entity party of a correction, deletion or addition sought by the non-entity party; to do, or not to do or stop doing, a stated act. Also, without limiting subsection (1) , if the subject of the relevant dispute relates to an energy Act function, the energy and water ombudsman may make an order ending a negotiated contract between the parties. However, subsection (2) applies only if the energy and water ombudsman considers the relevant entity’s conduct in the formation of the contract was unconscionable, unfair, misleading or deceptive. coercion by or for the relevant entity in the formation of the contract This section is subject to sections 36 and 37 . s 35 amd 2010 No. 53 ss 24 , 3 sch 1 (sec.35-ssec.1) A final order may order the relevant entity to do all or any of the following as it relates to the subject of the relevant dispute— pay compensation to the non-entity party; provide the non-entity party with stated goods or services under the relevant energy Act or the customer water and wastewater code; amend, or not impose, a stated charge for stated services under the relevant energy Act or the customer water and wastewater code; perform corrective action or work; correct, delete from or add to a stated record; add to a stated record a statement provided by the non-entity party of a correction, deletion or addition sought by the non-entity party; to do, or not to do or stop doing, a stated act. (sec.35-ssec.2) Also, without limiting subsection (1) , if the subject of the relevant dispute relates to an energy Act function, the energy and water ombudsman may make an order ending a negotiated contract between the parties. (sec.35-ssec.3) However, subsection (2) applies only if the energy and water ombudsman considers the relevant entity’s conduct in the formation of the contract was unconscionable, unfair, misleading or deceptive. coercion by or for the relevant entity in the formation of the contract (sec.35-ssec.4) This section is subject to sections 36 and 37 .
- (a) pay compensation to the non-entity party;
- (b) provide the non-entity party with stated goods or services under the relevant energy Act or the customer water and wastewater code;
- (c) amend, or not impose, a stated charge for stated services under the relevant energy Act or the customer water and wastewater code;