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At least 2 independent directors 7 At least 2 directors of business A must— (a) (b) be neither a director nor a manager of business B; and not be an associate of business B, other than by virtue of being a director of business A.
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No cross-directors who are executive directors 8 A director of business A may be a director of business B, but must not— (a) manage business B on a day-to-day basis; or (b) (c) be an associate of business B, other than by virtue of being a director of business A or business B; or be involved in business B (other than by having material influence over business B by virtue of being a director of business B).
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Separate management rule 9(1) This clause applies if business A is involved in— (a) (b) a generator that has a total capacity of more than 50 MW and that is con- nected to any of business A’s networks; or a retailer that retails more than 75 GWh of electricity in a financial year to customers who are connected to any of business A’s networks.
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(2) A manager of business A must not— (a) (b) be a manager of business B; or be an associate of business B, other than by virtue of being a manager of business A; or (c) be involved in the business of business B.
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102 Reprinted as at 1 December 2020 Electricity Industry Act 2010 Schedule 3 Directors and managers must not be placed under certain obligations 10(1) Subject to subclause (2), no person may place a director or manager of busi- ness A under an obligation, whether enforceable or not, to act in accordance with the directions, instructions, or wishes of business B, or any director or manager or associate of business B, or any parent of business B, and no director or manager may submit to any such obligation.
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(2) A common parent, or a cross-director or a cross-manager, of both business A and business B may place a director or manager under an obligation referred to in subclause (1) if doing so does not contravene another of the arm’s-length rules. Restriction on use of information 11(1) Business A must not disclose or permit the disclosure to business B, or use or permit the use for the purposes of business B, of restricted information of busi- ness A.
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An electricity trust that is a parent of business A (trust A), business A, and every parent of trust A, must not disclose or permit the disclosure to business B, an electricity trust that is a parent of business B (trust B), or any parent of trust B, or use or permit the use for the purposes of business B or trust B, of restricted information of business A or trust A.
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In these rules, restricted information is information received or generated, and held, by business A or trust A that is connected with its business, being information that— (a) (b) is not available to the competitors or potential competitors of business B or trust B; and if disclosed to business B or trust B, would put, or be likely to put, busi- ness B or trust B in a position of material advantage in relation to any competitor or potential competitor.
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(2) This rule does not prevent cross-directors under rule 8 from having access to normal board information. (3) A manager of business A who is not prohibited from being a manager of busi- ness B under rule 9 may use restricted information of both business A and busi- ness B, but only to the extent that the use does not contravene another of the arm’s-length rules.
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Records 12 Every business to which this schedule applies must keep at its registered office a register of transactions entered into between business A, or any parent of business A, and business B, or any parent of business B. 103 Schedule 3 Electricity Industry Act 2010 Reprinted as at 1 December 2020 Business A must, within 10 working days of entering into any such transaction, enter in its register details sufficient to identify the nature and import of the transaction.
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Practical considerations Business A and every parent of business A must ensure that its practical arrangements, such as use of accommodation, equipment, and services, do not contravene this schedule. Business A and every parent of business A must ensure that its selection and appointment of advisors does not prejudice compliance with rules 7 to 11. Rules do not limit objective The arm’s-length rules in clause 3 do not limit the generality of the arm’s- length objective in clause 1.
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These duties are additional to other duties The requirements of this schedule are additional to the requirements of any provisions of the Code or regulations made under this Act.
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13 14 15 4 5 104 Reprinted as at 1 December 2020 Electricity Industry Act 2010 Schedule 4 Schedule 4 Dispute resolution scheme 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Purpose of dispute resolution scheme Interpretation Approved scheme: approval and withdrawal of approval Meaning of approved scheme Application for approval Mandatory considerations for approval Minister must decide application for approval Decision must be notified and publicised Rules of approved scheme not to change without Ministerial approval Notice of intention to withdraw approval Objection to withdrawal of approval Withdrawal of approval Effect of withdrawal of approval Approved scheme: rules and obligations Rules of approved scheme List of members Independent 5-yearly review Annual report Provision of information Regulated scheme: rules of scheme and appointment of provider Regulations setting out rules of regulated schemes Order in Council appointing provider of regulated scheme Notice of intention to revoke appointment s 95(3) Page 105 106 106 106 107 107 108 108 108 109 109 110 110 111 111 111 112 112 112 113 1 Purpose of dispute resolution scheme The purpose of the dispute resolution scheme is to ensure that— (a) any person (including consumers, potential consumers, and owners and occupiers of land, but excluding members of the scheme) who has a complaint about a member has access to a scheme for resolving the com- plaint; and (aa) members have a mechanism for resolving indemnity disputes; and (b) the scheme is accessible, independent, fair, accountable, efficient, and effective.
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105 Schedule 4 Electricity Industry Act 2010 Reprinted as at 1 December 2020 Schedule 4 clause 1(aa): inserted, on 17 June 2014, by section 16 of the Consumer Guarantees Amendment Act 2013 (2013 No 144).
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2 Interpretation In this schedule, unless the context otherwise requires,— approved scheme has the meaning given in clause 3 dispute resolution scheme, at any time, means whichever of the following is in force under this schedule at the time: (a) (b) the approved scheme: the regulated scheme indemnity dispute means a dispute, referred to in section 95A of this Act and section 43EAA of the Gas Act 1992, concerning the application of the indem- nity in section 46A of the Consumer Guarantees Act 1993 member, in relation to the dispute resolution scheme, means a person who is required to be a member of the dispute resolution scheme provider, in relation to a scheme, means the person responsible for the scheme regulated scheme means the scheme provided for in regulations made under clause 18.
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Schedule 4 clause 2 indemnity dispute: inserted, on 17 June 2014, by section 16 of the Consumer Guarantees Amendment Act 2013 (2013 No 144).
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Approved scheme: approval and withdrawal of approval 3 Meaning of approved scheme The approved scheme is— (a) the complaints resolution scheme (if any) approved by the Electricity Commission under section 158G of the Electricity Act 1992, and the Minister under section 43E of the Gas Act 1992 (provided the scheme’s approval has not been withdrawn); or (b) the scheme approved by the Minister under clause 6 (provided the approval has not been withdrawn).
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Compare: 2008 No 97 s 50 Application for approval The provider of a scheme may apply to the Minister for approval of the scheme as the approved scheme. 4 (1) (2) The application must include— (a) (b) the rules of the scheme; and any other information that the Minister, by notice in the Gazette, pre- scribes as required to be included in an application under this clause; and (c) the prescribed fee (if any).
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106 Reprinted as at 1 December 2020 Electricity Industry Act 2010 Schedule 4 (3) The Minister may ask an applicant to supply any further information or docu- mentation in support of the application.
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Compare: 2008 No 97 s 51 5 Mandatory considerations for approval (1) When considering an application under clause 4, the Minister must have regard to the following considerations in light of the principles listed in subclause (2): (a) whether the scheme is capable of meeting the purpose of the dispute resolution scheme as set out in clause 1: (b) whether the scheme has broad support among the persons who are required to be members: (c) whether the scheme is capable of dealing with a wide range of com- plaints by persons entitled to make a complaint: (d) whether the scheme is an integrated scheme for the resolution of com- plaints in both the electricity and gas industries: (e) (f) whether the applicant has adequate funding to enable it to operate the scheme according to its purpose and in accordance with its rules: whether the applicant’s directors and senior managers are competent to manage a dispute resolution scheme: (g) whether the rules of the scheme are adequate and comply with— (i) (ii) the principles listed in subclause (2); and the requirements of clause 13(1).
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(2) The principles are— (a) (b) (c) (d) (e) (f) accessibility: independence: fairness: accountability: efficiency: effectiveness. Compare: 2008 No 97 s 52 6 Minister must decide application for approval (1) After considering an application made under clause 4, the Minister may— (a) (b) approve the scheme as the approved scheme; or decline the application.
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(2) The Minister may only decide whether to approve the scheme or decline the application after consulting— (a) the Minister of Energy; and 107 Schedule 4 Electricity Industry Act 2010 Reprinted as at 1 December 2020 (b) (c) (d) the Authority; and if an industry body is appointed under section 43ZL of the Gas Act 1992, that industry body; and any persons (or their representatives) that the Minister considers are likely to be substantially affected by the approval.
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(3) A failure to consult with the persons referred to in subclause (2)(d) does not affect the validity of any approval of the scheme. (4) The Minister may approve a scheme if there is already another approved scheme, but in that case the approval does not take effect until the approval of the other scheme is withdrawn.
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Compare: 2008 No 97 s 53 7 Decision must be notified and publicised The Minister must, as soon as practicable after deciding an application,— (a) (b) notify the applicant of the decision; and if the decision is to approve the application, ensure that the approval is publicised. Compare: 2008 No 97 s 54 Rules of approved scheme not to change without Ministerial approval The rules of the approved scheme must not be changed unless the Minister approves the change.
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If the provider of the approved scheme notifies the Minister of a proposed rule change, the rule change is deemed to be approved by the Minister unless, within 45 days after the date of notification, the Minister declines approval. The Minister may decline approval for a rule change only on the grounds that, if the rules were changed as proposed, they would not comply with the prin- ciples listed in clause 5(2) or would not comply with clause 13.
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Compare: 2008 No 97 ss 65, 66 Notice of intention to withdraw approval If the Minister proposes to withdraw approval for an approved scheme, the Minister must notify the provider.
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8 (1) (2) (3) 9 (1) (2) The Minister’s notice must— (a) (b) (c) (d) state that the Minister intends to withdraw the scheme’s approval; and identify which of the grounds described in subclause (3) apply; and state why the Minister considers those grounds apply; and identify the notice period, which must be at least 3 months, during which the provider may object, under clause 10, to the intended withdrawal.
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(3) The only grounds for withdrawing approval are as follows: 108 Reprinted as at 1 December 2020 Electricity Industry Act 2010 Schedule 4 (a) (b) (c) the scheme is not, or is no longer, capable of meeting the purpose of the dispute resolution scheme as set out in clause 1: there has been a loss of broad support for the scheme: the scheme is no longer an integrated scheme for the resolution of com- plaints in both the electricity and gas industries: (ca) the scheme is not, or is no longer, capable of resolving indemnity dis- putes: (d) (e) (f) there has been a failure to comply with the rules of the scheme: the provider has not publicised the rules as required by clause 13(2): the provider has not supplied the Minister with 1 or more of the follow- ing: (i) (ii) an annual report as required by clause 16: any further information requested by the Minister under clause 17: (iii) a report of an independent review as required by clause 15: (g) the provider has not notified the Minister before changing the rules of the scheme as required by clause 8: (h) the scheme no longer satisfies the principles in clause 5(2).
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(4) The Minister’s notice may require the provider to— (a) (b) notify all members of the Minister’s intention to withdraw the scheme’s approval; or provide the Minister with a list of the names and business addresses of current members so that the Minister can, if the Minister wishes, notify all members of the Minister’s intention to withdraw the scheme’s appro- val.
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Compare: 2008 No 97 ss 56, 57 Schedule 4 clause 9(3)(ca): inserted, on 17 June 2014, by section 16 of the Consumer Guarantees Amendment Act 2013 (2013 No 144). 10 Objection to withdrawal of approval (1) During the notice period, the provider may object (with reasons) to the pro- posed withdrawal of approval. (2) The Minister must consider any objection that is received before the end of the notice period.
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Compare: 2008 No 97 s 58 11 Withdrawal of approval (1) If the Minister has given notice of intention to withdraw approval, the Minister may withdraw the approval at any time after the expiry of the notice period. 109 Schedule 4 Electricity Industry Act 2010 Reprinted as at 1 December 2020 (2) When considering whether to withdraw approval, the Minister must have regard to the considerations referred to in clause 5(1) in light of the principles listed in clause 5(2).
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(3) The Minister must withdraw the approval of an approved dispute resolution scheme if the provider so requests, in which case the scheme is no longer approved from the date that is 3 months after the date of withdrawal of appro- val.
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Compare: 2008 No 97 s 56 12 Effect of withdrawal of approval On the date that the withdrawal of an approved scheme’s approval takes effect, the members of the scheme become members of— (a) any other approved scheme that is approved with effect from that date; or (b) the regulated scheme.
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Compare: 2008 No 97 s 61 Approved scheme: rules and obligations Rules of approved scheme The rules of the approved scheme must provide for, or set out, with respect only to its function of dealing with complaints made under section 95 of this Act or section 43E of the Gas Act 1992, the following: (a) (b) (c) (d) (e) (f) (g) that any person (including consumers, potential consumers, and owners and occupiers of land, but excluding members of the scheme) may make complaints for resolution by the scheme: how complaints to be dealt with by the scheme may be made: the kinds of complaints that the scheme will deal with: a period after which the scheme, if asked by a complainant, must investi- gate a complaint that has been made directly to a member: that complaints about members must be investigated in a way that is consistent with the rules of natural justice: that any information may be considered in relation to a complaint, and any inquiry may be made, that is fair and reasonable in the circum- stances: the kinds of remedial action that the scheme may require members to take in order to resolve complaints (for example, a requirement to com- pensate a complainant up to a certain amount stated in the rules, or to change a system): (h) that the scheme will not charge a fee to any complainant to investigate or resolve a complaint: 13 (1) 110 Reprinted as at 1 December 2020 Electricity Industry Act 2010 Schedule 4 (i) (j) (k) (l) that a resolution of a complaint about a member of the scheme is binding on the member
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a member of the scheme is binding on the member concerned: that a resolution of a complaint about a member of the scheme is binding on the complainant concerned if the complainant accepts the resolution or has agreed to be bound by a final decision and a final decision is made: that the scheme may cease investigating and resolving a complaint if the complainant takes alternative court action against the member: that, if a complainant accepts a resolution or has agreed to be bound by a final decision and a final decision is made, the complainant may not seek or obtain any other resolution of the complaint through any court or tri- bunal: (m) how the provider will promote knowledge about, and accessibility to, the scheme to persons entitled to make a complaint.
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(1A) The rules of the approved scheme must provide for, or set out, rules and pro- cedures for dealing with indemnity disputes. (2) The responsible person of the approved scheme must publicise the rules. Compare: 2008 No 97 ss 63, 64 Schedule 4 clause 13(1): amended, on 17 June 2014, by section 16 of the Consumer Guarantees Amendment Act 2013 (2013 No 144). Schedule 4 clause 13(1A): inserted, on 17 June 2014, by section 16 of the Consumer Guarantees Amendment Act 2013 (2013 No 144).
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14 List of members The provider of the approved scheme must maintain and publicise a list of cur- rent members of the scheme. Compare: 2008 No 97 s 62 15 Independent 5-yearly review The provider of the approved scheme must ensure that, at least once every 5 years, an independent review of the scheme is carried out and the report of the review is provided to the Minister within 3 months of its completion.
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16 (1) (2) Compare: 2008 No 97 s 63(q) Annual report The provider of the approved scheme must prepare an annual report containing information, identified by the Minister by notice to the scheme, about the scheme in relation to that financial year. The report must be supplied to the Minister within 3 months after the end of the financial year applying to the scheme. (3) The provider must publicise the annual report.
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(3) The provider must publicise the annual report. Compare: 2008 No 97 ss 68, 70 111 Schedule 4 Electricity Industry Act 2010 Reprinted as at 1 December 2020 17 (1) Provision of information The provider of the approved scheme must, on request by the Minister, provide information on the following: (a) matters relating to the most recent annual report: (b) the scheme’s compliance with the principles listed in clause 5(2).
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(2) Nothing in this clause or clause 16 authorises a breach of the Privacy Act 2020 or any obligation of confidentiality. Compare: 2008 No 97 s 69 Schedule 4 clause 17(2): amended, on 1 December 2020, by section 217 of the Privacy Act 2020 (2020 No 31).
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Regulated scheme: rules of scheme and appointment of provider 18 (1) Regulations setting out rules of regulated schemes The Governor-General may, by Order in Council made on the recommendation of the Minister, make regulations providing for the regulated scheme. (2) The regulations must— (a) (b) set out the rules of the scheme, which must comply with clause 13; and be consistent with the purpose in clause 1.
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(3) Before making a recommendation for the regulations, the Minister must con- sult with— (a) (b) (c) the Minister of Energy; and the Authority; and any persons or their representatives that the Minister considers are likely to be substantially affected by the recommendation. (4) However, a failure to consult with the persons referred to in subclause (3)(c) does not affect the validity of the regulations.
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Schedule 4 clause 18 heading: amended, on 12 December 2012, by section 5 of the Electricity Indus- try Amendment Act 2012 (2012 No 102). Order in Council appointing provider of regulated scheme The Governor-General may, by Order in Council made on the recommendation of the Minister, appoint a person to provide the regulated scheme.
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The Minister may make a recommendation under this clause only if the Minis- ter is satisfied that the person appointed as the provider— (a) (b) is a formally constituted dispute resolution body; and is capable of providing the scheme in accordance with the purpose in clause 1 and the rules of the scheme. Before making a recommendation for an Order in Council, the Minister must consult with the Minister of Energy.
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19 (1) (2) (3) 112 Reprinted as at 1 December 2020 Electricity Industry Act 2010 Schedule 4 20 Notice of intention to revoke appointment (1) An appointment made by Order in Council may not be revoked on the ground that the Minister has approved, or intends to approve, an approved scheme under clause 6 unless the Minister has given the scheme provider at least 3 months’ notice in writing of the intention to revoke the appointment.
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(2) Nothing in this clause limits the grounds on which the Minister may otherwise recommend the revocation of any appointment. 113 Schedule 5 Electricity Industry Act 2010 Reprinted as at 1 December 2020 Schedule 5 Existing agreements in respect of Waitaki Power Scheme s 123 Agreement between Meridian Energy Limited and Transit New Zealand, dated April 2008, entitled “Agreement in relation to water rights”.
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Agreement between Meridian Energy Limited and Her Majesty The Queen acting by and through the Director-General of Conservation, dated September 2006, entitled “Compensatory funding agreement”. Agreement between Meridian Energy Limited and the Mackenzie District Council, dated January 2008, entitled “Agreement in relation to water rights”.
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Agreement between Meridian Energy Limited and Royal Forest & Bird Protec- tion Society of New Zealand Incorporated, undated, entitled “Agreement in relation to water rights”. Agreement between Meridian Energy Limited and Central South Island Fish and Game Council, dated 24 September 2008, entitled “Agreement in relation to water rights”.
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Agreement between Meridian Energy Limited and New Zealand Recreational Canoeing Association Incorporated and Tekapo Whitewater Trust, dated 30 September 2009, entitled “Agreement in relation to water rights”. Agreement between Electricity Corporation of New Zealand Limited and Lower Waitaki Irrigation Company Limited, Maerewhenua District Water Resource Co. Limited and Morven, Glenavy, Ikawai Irrigation Company Limited, dated 26 November 1990, entitled “Agreement in relation to water rights”.
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Agreement between Electricity Corporation of New Zealand Limited and Ben- more Irrigation Company Limited, dated 26 November 1990, entitled “Agree- ment in relation to water rights”. Agreement between Meridian Energy Limited and Te Rūnanga o Ngāi Tahu, dated 2 August 2000, entitled “Waitaki catchment deed of agreement”. Agreement between Meridian Energy Limited and Mount Cook Salmon Limited, dated 24 May 1999, entitled “Agreement to lease”.
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The head agreement between Electricity Corporation of New Zealand Limited and— (a) Her Majesty The Queen acting by and through the Minister of Conserva- tion; and 1 2 3 4 5 6 7 8 9 10 11 114 Reprinted as at 1 December 2020 Electricity Industry Act 2010 Schedule 5 (b) (c) (d) (e) South Canterbury Fish and Game Council; and Ngāi Tahu Trust Board; and Benmore Irrigation Company Limited; and The New Zealand Canoeing Association Incorporated; and (f) Mackenzie District Council; and (g) Lower Waitaki Irrigation Company Limited; and (h) Maerewhenua District Water Resource Co. Limited; and (i) Morven, Glenavy, Ikawai Irrigation Company Limited; and (j) (k) (l) Transit New Zealand; and South Canterbury Branch of Royal Forest & Bird Protection Society of New Zealand Incorporated; and Incorporated, dated New Zealand Salmon Anglers Association 26 November 1990, entitled “Agreement to Electricity Corporation’s water rights”.
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12 Agreement between Meridian Energy Limited and Mackenzie Irrigation Com- pany Limited, dated 31 October 2006, entitled “Agreement in relation to the allocation of water for irrigation”. 115 Schedule 6 Electricity Industry Act 2010 Schedule 6 Amendments to other enactments Part 1 Repeals of, and amendments to, Acts Reprinted as at 1 December 2020 s 166 Crown Entities Act 2004 (2004 No 115) Item relating to Electricity Commission in Part 1 of Schedule 1: repeal.
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First column of Part 3 of Schedule 1: insert “Electricity Authority” in its appropriate alphabetical order. Electricity Amendment Act 2004 (2004 No 80) Repeal. Energy Companies Act 1992 (1992 No 56) Section 46A: add: (4) This section is subject to section 104 of the Electricity Industry Act 2010.
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Gas Act 1992 (1992 No 124) Heading above section 43E: repeal and substitute: Dispute resolution Section 43E: repeal and substitute: 43E Access to dispute resolution scheme (1) Any person described in subsection (2) may make a complaint to the dispute resolution scheme concerning a gas distributor or a gas retailer. (2) The persons who may make a complaint are any persons (including consumers, potential consumers, and owners and occupiers of land) except members of the dispute resolution scheme.
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(3) The dispute resolution scheme is either— (a) (b) the approved scheme identified in clause 3 of Schedule 4 of the Electri- city Industry Act 2010; or the regulated scheme provided for in regulations made under clause 18 of Schedule 4 of that Act. (4) The procedures for making complaints to the dispute resolution scheme are as set out in the rules of the dispute resolution scheme.
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Compare: 1992 No 122 s 158G 116 Reprinted as at 1 December 2020 Electricity Industry Act 2010 Schedule 6 Gas Act 1992 (1992 No 124)—continued 43EA Membership of dispute resolution scheme (1) Every gas distributor and every gas retailer must be a member of the dispute resolution scheme, unless exempt under subsection (3).
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(2) A person commits an offence and is liable on summary conviction to a fine not exceeding $100,000 if the person knowingly refuses or fails to become a mem- ber of the dispute resolution scheme.
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(3) A person need not be a member of a dispute resolution scheme if— (a) (b) the person is a member of a class of industry participants identified in regulations made under section 43S(1) as a class that need not be a member; or the Minister of Consumer Affairs exempts the person by issuing an indi- vidual exemption notice in the Gazette that— (i) identifies the person that is exempt from the obligation to be a member; and (ii) gives reasons for the exemption.
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(4) (5) (6) (7) The Minister of Consumer Affairs may grant an individual exemption to a per- son only if he or she is satisfied that membership of the dispute resolution scheme by the person is not necessary in order to meet the purpose of the dis- pute resolution scheme because complaints are unlikely to be made against the person or because complaints should be made in another forum.
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The Minister of Consumer Affairs may amend or revoke an individual exemp- tion, by issuing a notice in the Gazette that identifies the exempt participant and gives reasons for the amendment or revocation, but only if the Minister— (a) (b) has given notice of the proposed amendment or revocation to the exempt person (where possible) and given the person a reasonable opportunity to comment on the proposal; and is satisfied that the amendment or revocation is necessary or desirable in order to meet the purpose of the dispute resolution scheme.
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To avoid doubt, an individual exemption notice issued under subsection (3)(b) is not a regulation for any purpose. The Ministry must include on its Internet site a list of all current class and indi- vidual exemptions. 43EB Compliance with rules and binding settlements (1) Members of the dispute resolution scheme must comply with the rules of the scheme.
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(2) On the application of the person responsible for the dispute resolution scheme, the District Court may require a member of the scheme to do either or both of the following: 117 Schedule 6 Electricity Industry Act 2010 Reprinted as at 1 December 2020 Gas Act 1992 (1992 No 124)—continued (a) (b) comply with the rules of the scheme: comply with a binding settlement determined by the scheme in response to a complaint.
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(3) (4) If a District Court is satisfied that the terms of a binding settlement are mani- festly unreasonable, the court’s order under subsection (2)(b) may modify the terms of the binding settlement, provided that the modification results in a binding settlement that could have been made under the dispute resolution scheme.
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If an order requiring a member to comply with a binding settlement includes a requirement that the member pay an amount of money to a person, that order (or part of the order) may be enforced as if it were a judgment by a District Court for the payment of a sum of money.
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43EC Offence to fail to comply with District Court order (1) A member of the dispute resolution scheme who, knowing that the member is subject to an order made under section 43EB, fails to comply with the order, or fails to comply with the order within the time or in the manner required by the order, commits an offence and is liable on summary conviction to a fine not exceeding $100,000. (2) Nothing in this section applies to an order or part of an order of a District Court referred to in section 43EB(4).
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Section 43S(1): insert the following paragraph after paragraph (f): (fa) exempt or provide for exemptions (including provide for the revocation of exemptions), on any terms and conditions, of any class of persons from all or any of the requirements in sections 43EA to 43EC (which relate to dispute resolution): Section 43ZZH(2): omit “Electricity Commission that is continued under subpart 1 of Part 15 of the Electricity Act 1992” and substitute “Electricity Authority established by section 12 of the Electricity Industry Act 2010”.
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Section 43ZZI(1): omit “Electricity Commission continues under both the Electricity Act 1992” and substitute “Electricity Authority continues under both the Electricity Industry Act 2010”. Section 43ZZI(2): omit “Electricity Commission” and substitute “Electricity Author- ity”. Section 43ZZJ(2): omit “objective specified in section 172N of the Electricity Act 1992 in relation to electricity” and substitute “objective specified in section 15 of the Electricity Industry Act 2010 in relation to electricity”.
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Section 43ZZK(2): repeal. 118 Reprinted as at 1 December 2020 Electricity Industry Act 2010 Schedule 6 Gas Act 1992 (1992 No 124)—continued Section 43ZZL(3): omit “functions specified in section 172O of the Electricity Act 1992” and substitute “functions specified in section 16 of the Electricity Industry Act 2010”.
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Section 43ZZM: repeal and substitute: 43ZZM Additional members and their duties (1) The Minister may recommend, and the Governor-General may appoint, up to 2 additional persons as members of the Energy Commission, having regard to the need to ensure that the Commission has among its members knowledge and experience of, and capability in, the gas industry. (2) In that case, section 13(1) of the Electricity Industry Act 2010 must be read as if the Commission comprises between 5 and 9 members.
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(3) A member appointed under this section, when acting as a member, must not act as a representative of, or promote the interests or views of, any organisation, a particular gas industry participant, or a particular group of gas industry partici- pants.
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Section 43ZZN: omit “must give effect to its principal objective and specific out- comes and its GPS objectives and outcomes” and substitute “must give effect to its principal objective and specific outcomes and have regard to its GPS objectives and outcomes”.
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Section 43ZZO: omit “Sections 172Z and 172ZJ to 172ZQ of the Electricity Act 1992 apply equally in relation to the Energy Commission and in respect of gas” and substi- tute “Section 172Z of the Electricity Act 1992 applies (as if it had not been repealed) in relation to the Energy Commission in respect of gas”. Section 43ZZP(1): omit “Section 172ZC of the Electricity Act 1992” and substitute “Section 128 of the Electricity Industry Act 2010”.
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Section 43ZZQ(1): omit “Electricity Commission” and substitute “Electricity Author- ity”. Section 43ZZQ(2): omit “Electricity Commission” and substitute “Electricity Author- ity”.
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Local Government Act 2002 (2002 No 84) Section 6(4)(a) of the Local Government Act 2002 (which defines what are not coun- cil-controlled organisations) is repealed and the following paragraph substituted: (a) a body corporate that carries on an electricity business (whether or not that business is its principal or only business) or a trust that is constituted for purposes which include owning or controlling, directly or indirectly, all or part of an electricity company that carries on that business; or Ombudsmen Act 1975 (1975 No 9) Schedule 1, Part 2: omit item relating to the Electricity Commission and substitute: 119 Schedule 6 Electricity Industry Act 2010 Reprinted as at 1 December 2020 Ombudsmen Act 1975 (1975 No 9)—continued Electricity Authority Part 2 Revocations of, and amendments to, other enactments Electricity Governance Regulations 2003 (SR 2003/374) Revoke.
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Electricity Governance (Connection of Distributed Generation) Regulations 2007 (SR 2007/219) Revoke. Electricity Governance (Security of Supply) Regulations 2008 (SR 2008/252) Revoke. Electricity Industry Reform Act (Fees) Regulations 1998 (SR 1998/276) Revoke. Electricity Governance Rules 2003 Revoke.
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Electricity Governance Rules 2003 Revoke. 120 Reprinted as at 1 December 2020 Reprints notes Electricity Industry Act 2010 Notes 1 2 General This is a reprint of the Electricity Industry Act 2010 that incorporates all the amendments to that Act as at the date of the last amendment to it. Legal status Reprints are presumed to correctly state, as at the date of the reprint, the law enacted by the principal enactment and by any amendments to that enactment.
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Section 18 of the Legislation Act 2012 provides that this reprint, published in electronic form, has the status of an official version under section 17 of that Act. A printed version of the reprint produced directly from this official elec- tronic version also has official status. 3 Editorial and format changes Editorial and format changes to reprints are made using the powers under sec- tions 24 to 26 of the Legislation Act 2012. See also http://www.pco.parlia- ment.govt.nz/editorial-conventions/.
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4 Amendments incorporated in this reprint Privacy Act 2020 (2020 No 31): section 217 Partnership Law Act 2019 (2019 No 53): section 86 Energy Innovation (Electric Vehicles and Other Matters) Amendment Act 2017 (2017 No 27): Part 1 Contract and Commercial Law Act 2017 (2017 No 5): section 347 District Court Act 2016 (2016 No 49): section 261 Senior Courts Act 2016 (2016 No 48): section 183(b) Consumer Guarantees Amendment Act 2013 (2013 No 144): section 16 Financial Reporting (Amendments to Other Enactments) Act 2013 (2013 No 102): section 126 State-Owned Enterprises (Genesis Energy Limited) Order 2013 (SR 2013/435): clause 4 Financial Markets (Repeals and Amendments) Act 2013 (2013 No 70): section 150 Legislation Act 2012 (2012 No 119): section 77(3) Electricity Industry Amendment Act 2012 (2012 No 102) Search and Surveillance Act 2012 (2012 No 24): section 239 Criminal Procedure Act 2011 (2011 No 81): section 413 Wellington, New Zealand: Published under the authority of the New Zealand Government—2020 121
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E S t I m A t E S 2 0 2 2 V O L. I ST. CHRISTOPHER AND NEVIS ESTIMATES FOR THE YEAR 2022 VOLUME I St. Christopher and Nevis Expenditure and Revenue Plan for the Year 2022 Volume 1 December 2021 St. Christopher and Nevis Table of Contents Page Section 1: Introduction 1.1 Minister of Finance Message 1.2 Budget Presentation Documents 1.3 Definition and Structure of the Government Expenditure Plan 1.4 Presentation by Portfolio, Ministry and Autonomous Departments 1.5 Definition of the Standard Objects of Expenditure Section 2: Financial Summaries 2.1 Financial Summary by Economic Classification 2.2 Fiscal Operations 2.3 Reconciliation of Financial Statements and Fiscal Data 2.4 Macroeconomic Assumptions 2.5 Total Revenue Excluding Land Sales 2.6 Total Revenue by Type of Revenue 2.7 Total Expenditure 2.8 Total Expenditure by Type of Expenditure 2.9 Total Expenditure by Object of Expenditure 2.10a Capital Estimates by Ministry 2.10b Capital Estimates by Source of Funds Section 3: Government Revenue Overview 3.1 Summary of Total Estimated Revenue 3.2 Revenue Summary by Revenue Type 3.3 Revenue Summary Compared to Last Year Section 4: Revenue Details 4.1 Revenue Details by Ministry 4.2 Revenue Details by Object Codes Section 5: Revenue by Source of Funds 5.1 Revenue Summary by Source of Funds APPENDICES 1 1 1 2 2 4 5 5 5 5 6 7 8 9 10 11 41 42 43 44 45 48 51 51 68 112 112 113 Section 1: Introduction 1.1 Minister of Finance Message It is my pleasure to present the 2022 Estimates of the Government of St. Christopher and
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of the Government of St. Christopher and Nevis.
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The Estimates are arranged in an activity-based and performance-based budgeting format which is intended to create greater transparency and accountability to the citizens of the Federation. The 2022 Estimates therefore provide details on programmes of each Ministry along with indicators whereby Ministries can measure the extent to which they have achieved their goals and objectives for the fiscal year.
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I am certain that the wealth of information provided in the Budget documents would bring greater awareness and understanding of the Government's plan for the upcoming fiscal year. They would also assist the public to assess performance during the year and hold the various Agencies accountable for delivery of services based on the stated commitments.
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The Budget documents will also be used by Government Ministries and Departments to assist them in monitoring and evaluating the quality and adequacy of the services they provide to meet the demands of our citizens and residents. Dr the Honourable Timothy Harris Prime Minister and Minister of Finance 1.2 Budget Presentation Documents The Estimates of Revenue and Expenditure for the Federal Government's operations for the fiscal year ending 31st December 2022 are presented in this document.
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It provides details of Government's expenditure intentions and revenue projections, reflecting the presentation of the state budget to the National Assembly and the Public. This activity-based and performance-budget provides information through two volumes: •Volume 1 – Government Expenditure and Revenue Plans •Volume 2 – Ministry Expenditure Plans Volume 1 consists of a broad presentation of the Government's plans for both revenue collection and expenditure.
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It highlights the total amounts proposed for spending by Ministry, by Expenditure Type (Recurrent, Transfer and Capital) and by Expenditure Category (Personal Emoluments and Wages, Goods and Services, Interest, etcetera). It also covers the Government Consolidated Revenue which provides an overview of the revenue projections for the Federal Government. It summarizes Total Government Revenue - Recurrent and Capital Revenue by Ministry (portfolio) as well as Budgetary Grants for the fiscal year.
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It compares the projected revenue at the Ministry and Department level for the fiscal year and the previous year's estimates, to allow for year-over-year comparisons. It shows over time the share of Government Revenue derived from recurrent proceeds, loans and development aid (grants). Volume 2 is a detailed report on plans and priorities for each Ministry.
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Generally, each Chapter of Volume 2 includes an overview of the Ministry – Minister's Message, Mission Statement, Summary of the portfolio planning for the voted year and an update on the major capital projects within the portfolio. It provides an active summary sheet for each program. The framework of these two 2 Volumes offers the advantages of a modular approach to government budget presentation.
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A global perspective can be derived from Volume 1 (Expenditure and Revenue) and more detailed expenditure information at the Ministry level can be obtained from a set of concise documents in Volume 2.
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1.3 Definition and Structure of the Government Expenditure Plan The Government's Expenditure plan for 2022 is aimed at prioritizing expenditure in a manner that allows for all critical programmes to be adequately resourced while at the same time facilitating the objective of achieving a surplus position on all major accounts of the Government. Revenue generated by the Government as well as loan and grant funds will finance Capital Projects that will spur economic growth in the Federation.
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In 2022, Total Expenditure is projected to reach $952.2 million of which $42.6 million is reserved for principal repayments on the public debt. The remaining $909.6 million would be used to support Recurrent Expenditure in the amount of $728.6 million, Capital Expenditure in the amount of $180.4 million while $0.5 million would be allocated to Net Lending.
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Of the amount allocated for Recurrent Expenditure, $291.2 million would cover Personal Emoluments, Wages and Allowances, $222.9 million would cover Goods and Services, $17.7 million would cover Debt Interest Payments and $196.8 million would cover Transfers and Subsidies. Total Revenue is projected to be $913.6 million in 2022. It is expected that $898.1 million would be raised from Recurrent Revenue, and $15.5 million from Budgetary and Capital Grants.
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1.4 Presentation by Portfolio, Ministry and Autonomous Departments The proposed Federal Government structure for the 2022 fiscal year provides for the inclusion of twenty-two (22) portfolios covering nineteen (19) Ministries and three (3) autonomous Departments. The Autonomous Departments are: The Governor General which covers the portfolio of representing Her Majesty in the Federation. Parliament which provides legislative support and governance.
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Audit Office which reports to Parliament on the Government's accounts and operations. The Ministries and their respective portfolios are: Ministry of Justice and Legal Affairs facilitates all matters of the delivery of justice. The Office of the Prime Minister manages the affairs of the Prime Minister, human resources, constituency empowerment, government printing services and the St. Kitts and Nevis Information Service.
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people empowerment investments, promoting and 2 Ministry of National Security and Immigration covers fire services, prison services, police services, military defence, disaster management and immigration services. Ministry of International Trade, Industry, Commerce and Consumer Affairs supports the portfolios of managing international trade, industry, commerce and consumer affairs.
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Ministry of Finance covers the portfolios of managing the Financial Secretary's Office, Accountant General, Customs and Excise, Inland Revenue, Financial Intelligence Unit and Centralized Purchasing Unit. Ministry of Social Development and Gender Affairs covers the portfolios of the management of social protection and gender affairs. Ministry of Agriculture, Fisheries and Marine Resources administers the portfolios of the management of agriculture and marine resources.
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Ministry of Tourism and Transport manages the portfolio of promoting and developing tourism, administration and local transport and managing maritime affairs. Ministry of Public Infrastructure, Post and Urban Development manages the portfolio of urban development, the delivery of common works services, the delivery of water services and the delivery of postal services. Ministry of Education covers the portfolio of managing education services.
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Ministry of Health administers the portfolio of managing health care and environmental health services. Ministry of Youth, Sports, and Culture covers the portfolios of the development of youth, sports, and culture. Ministry of Sustainable Development manages the portfolios of Economic Affairs and the Public Sector Investment Program (PSIP), Statistics, Physical Planning, Lands and Surveys. Ministry of Foreign Affairs and Aviation supports the management of Foreign Affairs and aviation.
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The Office of the Attorney General deals with representing the Government in all legal matters and management of electoral services. Ministry of Labour covers the portfolio of managing labour industrial relations. Ministry of Human Settlements, Ecclesiastical Affairs and National Health Insurance administers the portfolio of housing solutions, ecclesiastical services and national health insurance plans. Ministry of Environment and Cooperatives covers the portfolio of environment and cooperatives.
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Ministry of Entrepreneurship and Communications covers the portfolio of promoting entrepreneurship and providing communications services 3 1.5 Definition of the Standard Objects of Expenditure RECURRENT EXPENDITURE OBJECT CODES 0 1 Personal Emoluments - Salaries, Social Security Contributions and Overtime 02 Wages - Wages, Bonuses, Social Security Contributions and Overtime 0 3 Allowances - Allowances and Social Security Contributions 04 Retiring Benefits - Gratuities, Pensions, Ex-Gratia Awards 05 Travel and Subsistence - Mileage, Travel Expenses, Subsistence 06 Office and General Expenses - Stationery, Uniforms, Books and Publications 07 Supplies and Materials - Consumable Supplies and Materials 08 Communications Expenses - Telephones, Facsimile, Internet, and Postage 09 Operating and Maintenance Services - Fuel, Repairs and Servicing Expenses 10 Grants and Contributions - Grants, Contributions and Subsidies 11 Commissions - To Agents, Vendors of Stamps and Crown Agents 12 Rewards and Incentives 13 Public Assistance - Includes Casual Relief 14 Purchase of Tools, Instruments, Furniture and Equipment 15 Rental of Assets - Land, Buildings, Furniture, Equipment and Vehicles 16 Hosting and Entertainment - National Celebrations, Local Hosting and Entertainment 17 Training - Local and Overseas Training 18 Domestic Interest Payments and other charges 19 Foreign Interest Payments and other charges 20 Refunds - Refunds, Rebates and Drawbacks 21 Professional and Consultancy Services 22 Insurance - Vehicle, Medical, Property, Travel and Indemnity Insurance 23 Allowance to Unofficial Members 24 Constituency Allowance to Elected Members 25 Student Education Learning Fund (SELF) - Includes Exam Fees, Books, etc.
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for Students 26 Claims Against Government 27 Production and Marketing Expenses - Promotion, Production and Marketing Expenses 28 Sundry Expenses 29 Contingency Fund - Reserve Account under the Ministry of Finance 33 Election Expenses 36 Utilities - Electricity 37 Utilities - Water CAPITAL EXPENDITURE OBJECT CODES 40 Consultancy, Feasibility and Tendering Costs 41 Wages 42 Supplies and Materials 43 Rental of Equipment/Vehicles 44 Purchase of Equipment/Vehicles 45 Acquisition/Construction of Physical Assets 46 Other Costs 4 2 2 Section 2: Financial Summaries 2.1 Financial Summary by Economic Classification 2.2 Fiscal Operations 2.3 Reconciliation of Financial Statements and Fiscal Data 2.4 Macroeconomics Assumptions for 2022 Budget 2.5 Total Revenue Excluding Land Sales and Loan Financing 2.6 Total Revenue by Type of Revenue Excluding Loan Financing 2.7 Total Expenditure 2.8 Total Expenditure by Type of Expenditure 2.9 Total Expenditure by Object Code of Expenditure 5 Section 2: Financial Summaries 2.1: Financial Summary by Economic Classification 2022 Estimates Financial Summary Economic Classification 2024 Estimates $ 2023 Estimates $ 2022 Estimates $ Approved 2021 Estimates $ 2020 Actual $ TOTAL REVENUE AND GRANTS 827,161,404 846,811,817 913,572,857 761,087,634 707,513,569 RECURRENT REVENUE 821,253,404 839,903,817 898,082,655 738,934,905 679,296,120 Tax Revenue Taxes on Income Income Tax Withholding Tax Housing and Social Development Levy Unincorporated Business Tax 496,965,196 155,133,067 100,646,107
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