Power Supply Contract Template for New Zealand

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Key Requirements PROMPT example:

Power Supply Contract

"I need a Power Supply Contract for a large-scale data center in Auckland, New Zealand, with an expected power consumption of 50MW, including provisions for backup power systems and renewable energy options, to commence from March 1, 2025."

Document background
The Power Supply Contract serves as the primary agreement governing the supply of electricity in New Zealand, establishing the rights, obligations, and commercial terms between electricity suppliers and consumers. This document is essential for any arrangement involving the provision of electricity, whether to residential, commercial, or industrial customers. It incorporates requirements from the Electricity Industry Act 2010, the Electricity Industry Participation Code 2010, and other relevant New Zealand legislation. The contract covers crucial aspects including supply specifications, pricing structures, quality standards, metering arrangements, and maintenance responsibilities. It also addresses modern energy considerations such as distributed generation, smart metering, and renewable energy options, making it adaptable to evolving energy market requirements while ensuring regulatory compliance.
Suggested Sections

1. Parties: Identification of the electricity supplier and customer, including full legal names and addresses

2. Background: Context of the agreement, including premises details and purpose of supply

3. Definitions: Detailed definitions of terms used throughout the agreement

4. Term and Commencement: Duration of the agreement, including start date and renewal provisions

5. Supply Obligations: Core obligations of the supplier regarding electricity provision and quality

6. Customer Obligations: Customer responsibilities including access, payment, and maintenance of customer-owned equipment

7. Pricing and Payment: Pricing structure, payment terms, and billing arrangements

8. Metering: Requirements for metering equipment, readings, and testing

9. Security and Credit Requirements: Credit checks, security deposits, and related requirements

10. Liability and Indemnity: Allocation of risks and limitations of liability

11. Force Majeure: Provisions for unforeseen events affecting supply

12. Termination: Grounds and process for agreement termination

13. Confidentiality: Protection of confidential information

14. Dispute Resolution: Process for resolving disputes between parties

15. General Provisions: Standard boilerplate clauses including notices, assignment, and governing law

Optional Sections

1. Network Services: Required when supplier is also the network operator or when network services are bundled

2. Smart Meter Provisions: Include when smart meters are installed or planned

3. Distributed Generation: Required when customer has or plans to install solar panels or other generation capacity

4. Multiple Site Provisions: Include when contract covers multiple supply points

5. Green Energy Options: Include when offering renewable energy options or certificates

6. Demand Response: Include for customers participating in demand response programs

7. Critical Infrastructure Protection: Required for supplies to essential services or critical infrastructure

Suggested Schedules

1. Schedule 1 - Supply Points: Details of connection points, including ICP numbers and locations

2. Schedule 2 - Pricing Schedule: Detailed pricing information, including rates and charging structure

3. Schedule 3 - Service Levels: Specific service level commitments and performance standards

4. Schedule 4 - Technical Requirements: Technical specifications for connection and supply

5. Schedule 5 - Special Terms: Any special conditions or variations from standard terms

6. Appendix A - Network Connection Standards: Technical standards for network connection

7. Appendix B - Metering Specifications: Detailed requirements for metering equipment and installation

8. Appendix C - Emergency Procedures: Procedures for handling supply emergencies and outages

Authors

Alex Denne

Head of Growth (Open Source Law) @ Genie AI | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Relevant legal definitions
Clauses
Relevant Industries

Energy & Utilities

Manufacturing

Commercial Real Estate

Retail

Healthcare

Education

Data Centers

Agriculture

Mining

Hospitality

Industrial Processing

Telecommunications

Public Sector

Residential

Relevant Teams

Legal

Procurement

Facilities Management

Operations

Commercial

Risk & Compliance

Finance

Sustainability

Property Management

Customer Relations

Technical Operations

Energy Trading

Contract Management

Relevant Roles

Energy Contract Manager

Procurement Manager

Facilities Manager

Legal Counsel

Commercial Manager

Operations Director

Sustainability Manager

Energy Trading Manager

Risk Manager

Compliance Officer

Property Manager

Chief Financial Officer

Energy Efficiency Consultant

Technical Operations Manager

Customer Relations Manager

Industries
Electricity Industry Act 2010: Primary legislation governing the electricity industry in New Zealand, including regulation of electricity industry participants, market operation, and pricing principles
Electricity Industry Participation Code 2010: Detailed regulations governing the operation of the electricity industry, including technical requirements, trading arrangements, and consumer protection measures
Consumer Guarantees Act 1993: Provides statutory guarantees for the supply of goods and services, including electricity supply to residential consumers
Fair Trading Act 1986: Prohibits misleading and deceptive conduct in trade, ensuring fair representation of terms and pricing in power supply contracts
Contract and Commercial Law Act 2017: Provides the fundamental legal framework for contract formation and enforcement in New Zealand
Energy (Fuels, Levies, and References) Act 1989: Regulates energy levies and other charges that may be applicable to electricity supply
Health and Safety at Work Act 2015: Governs safety requirements related to electrical infrastructure and maintenance
Resource Management Act 1991: Environmental legislation affecting power generation and distribution infrastructure
Privacy Act 2020: Governs the collection, use, and disclosure of customer information in power supply arrangements
Electricity (Low Fixed Charge Tariff Option for Domestic Consumers) Regulations 2004: Specific regulations requiring electricity retailers to offer low fixed charge tariff options to domestic consumers
Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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