Utilities Act 2000
38Variation
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38 Variation (1) ICRC may, in writing, vary a utility’s licence— (a) on application by the utility; or (b) on its own initiative, by written notice given to the utility; or
(c) to include a condition on the recommendation of the technical regulator. Note 1 Under s 52, the ICRC must prepare a notice of a variation of a licence. The notice is a notifiable instrument. Note 2 If ICRC refuses to vary a licence, it must give a reviewable decision notice to the licensee (see s 43A). Note 3 For how documents may be given, see the Legislation Act, pt 19.5. (2) ICRC may vary a licence on its own initiative only if ICRC— (a) has given the utility reasonable notice of the proposed variation and its reasons for the variation; and (b) has allowed the utility a reasonable opportunity to make representations to ICRC about the proposal; and (c) has taken account of any representation; and (d) is satisfied that the variation is appropriate. (3) However, ICRC may vary a licence on its own initiative without complying with subsection (2) (a), (b) and (c) if satisfied that— (a) the variation is necessary or convenient— (i) to give effect to a direction by the Minister under section 19; or (ii) following a review of the licence under section 46; or (iii) because of an amendment of an Act or a subordinate law; or (b) the variation— (i) is unlikely to adversely affect anyone; and (ii) would not materially alter the licence.
(4) The ICRC may vary a utility’s licence on the recommendation of the technical regulator only if the ICRC— (a) receives written notice from the technical regulator recommending the variation under the Utilities (Technical Regulation) Act 2014, section 79; and (b) is satisfied on reasonable grounds that the variation is appropriate. (5) A variation takes effect— (a) on the day ICRC gives written notice of the variation to the utility; or (b) if the notice specifies a later date of effect—on that day. (6) A utility whose licence is varied on application by the utility must pay the determined fee (if any) to ICRC.