19 June 2025
S Smith
By email:
[FYI request #31155 email]
Tēnā koe
Your request
Thank you for your request, received on 30 May 2025, under the Of icial Information Act 1982 (the
Act) for the following information:
“I'd like to request a copy of any decisions or recent discussions or advice (within the last
two years) around whether the Authority is going to publish secondary legislation it is
responsible for (such as the Electricity Industry Participation Code 2010) on the PCO's
legislation.govt.nz website.”
Our response
While the Electricity Authority Te Mana Hiko (the Authority) makes and administers the Electricity
Industry Participation Code 2010 (Code), the Parliamentary Counsel Of ice (PCO) is responsible
for deciding the applicable publication requirements for the Code and other secondary legislation
not published by the PCO (under
section 74 of the Legislation Act 2019).
These publication requirements are recorded under
section 33 of the Electricity Industry Act 2010
and include publishing the Code on the Authority’s website. There is no requirement to publish the
Code on PCO’s legislation website,
legislation.govt.nz.
The Authority is not responsible for deciding the publication requirements for the Code. As such,
we have not made any decisions on whether to publish the Code on the legislation.govt.nz
website, nor have we had discussions or provided advice on whether to publish the Code on the
legislation.govt.nz website. Therefore, your request is refused under section 18(e) of the Act, as
the documents alleged to contain the information requested do not exist or cannot be found.
We note that th
e Legislation Amendment Bil was introduced into Parliament in May 2025. Under
this Bill, agencies like the Authority wil be required to electronically publish secondary legislation
on their own websites. That would then enable PCO to identify, index, and make the text of that
secondary legislation available on the legislation.govt.nz website. The Authority is working on
improvements to the way it publishes the Code on its website to ensure it meets these
requirements, should the Bil pass. You can follow the Bil ’s progress on the New Zealand
Parliament website here:
Legislation Amendment Bil
You have the right to seek an investigation and review by the Ombudsman of this decision.
Information about how to make a complaint is available at
www.ombudsman.parliament.nz or
freephone 0800 802 602.
IN-CONFIDENCE - COMMERCIAL

As this information may be of interest to other members of the public, the Authority will proactively
release a copy of this response on our website. Al personal data, including your name and contact
details, will be removed before publication.
If you’d like to discuss this response with us, please contact us by emaili
ng [email address].
Nāku noa, nā,
Airihi Mahuika
GM Legal, Monitoring and Compliance
IN-CONFIDENCE - COMMERCIAL