79Technical regulator may recommend conditions on

79 Technical regulator may recommend conditions on licence (1) The technical regulator may recommend that the ICRC vary the licence of a utility service licensed under the Utilities Act 2000 to include a condition (a recommended condition) if satisfied on (a) the utility service has contravened this Act; or

Technical regulator Division 9.2 (b) the recommended condition is necessary to protect public safety or the environment. (2) A recommended condition may include, but is not limited to— (a) the giving of a bond; or (b) making good or rectifying damage to land or property. Example a condition to comply with a plan to rectify damage to premises caused by the contravention of a technical code (3) Before recommending a condition, the technical regulator must give the utility a written notice (a show cause notice) stating— (a) that the technical regulator proposes to recommend a condition under this section; and (b) the details of the proposed recommended condition; and (c) that the utility may, not later than 20 days after the day the regulated utility is given the show cause notice, give the recommended condition. (4) After considering any submission given under subsection (3) (c) the technical regulator may give the ICRC written notice recommending that the ICRC vary the utility’s licence under the Utilities Act 2000, section 38 to include— (a) the recommended condition; or (b) a condition that is not more burdensome than the recommended condition.

(5) Notice under subsection (4) must include a copy of— (a) the show cause notice given under subsection (3); and (b) any written submission given by the utility under subsection (3); and (c) any other material that the technical regulator is satisfied on reasonable grounds is relevant to the recommendation. (6) The technical regulator’s compliance report must include details about any recommendation under subsection (4) in a financial year and the reasons for the recommendation.