36Customer dispute resolution

36 Customer dispute resolution

S. 36(1) amended by No. 62/2001 s. 77(c)(ii).

(1) A licence to—

(a) provide services by means of a distribution pipeline; or

(b) sell gas by retail—

must be issued subject to a condition requiring the licensee to enter into a customer dispute resolution scheme approved by the Commission.

S. 36(2) amended by No. 62/2001 s. 77(c)(ii).

(2) In approving a customer dispute resolution scheme, the Commission must have regard to—

S. 36(2)(a) amended by No. 62/2001 s. 77(c)(ii), substituted by No. 62/2001 s. 79(2).

(a) the objectives of the Commission under this Act and under the Essential Services Commission Act 2001; and

(b) the need to ensure that the scheme is accessible to the licensee's customers and that there are no cost barriers to those customers using the scheme; and

(c) the need to ensure that the scheme is independent of the members of the scheme; and

(d) the need for the scheme to be fair and be seen to be fair; and

(e) the need to ensure that the scheme will publish decisions and information about complaints received by the scheme so as to be accountable to the members of the scheme and the customers of the scheme members; and

(f) the need for the scheme to undertake regular reviews of its performance to ensure that its operation is efficient and effective.

S. 36(3) amended by No. 62/2001 s. 77(c)(i).

(3) The Commission may, in accordance with this Part, vary any existing licence to—

(a) provide services by means of a distribution pipeline; or

(b) sell gas by retail—

to include a condition of a kind referred to in subsection (1).

S. 36(4) amended by No. 62/2001 s. 77(c)(i).

(4) The Commission may in its discretion exempt a licence to sell gas by retail held by a significant producer from the requirements of subsection (1).

S. 37 amended by No. 62/2001 ss 77(c)(i)(ii), 79(1), repealed by No. 25/2004 s. 15.