Energy (Fuels, Levies, and References) Act 1989

1:
1: This Act is the Energy (Fuels, Levies, and References)
2: Except as provided in section 3(4) Section 1 heading amended 20 September 2007 section 5(2) Energy (Fuels, Levies, and References) Amendment Act 2007 Section 1(1) amended 20 September 2007 section 5(3) Energy (Fuels, Levies, and References) Amendment Act 2007
1AAA: Transitional, savings, and related provisions
The transitional, savings, and related provisions set out in Schedule 1AA Section 1AAA inserted 1 July 2017 section 10 Energy Innovation (Electric Vehicles and Other Matters) Amendment Act 2017
1A: Act binds the Crown
This Act binds the Crown. Section 1A inserted 20 September 2007 section 6 Energy (Fuels, Levies, and References) Amendment Act 2007
1B: Interpretation
In this Act, unless the context otherwise requires,— biofuel distribution EECA section 20 energy engine fuel section 5(1) Minister Ministry Secretary WorkSafe section 5 WorkSafe New Zealand Act 2013 Section 1B inserted 1 October 2008 section 4 Energy (Fuels, Levies, and References) Amendment Act 2008 Section 1B EECA inserted 1 July 2017 section 9 Energy Innovation (Electric Vehicles and Other Matters) Amendment Act 2017 Section 1B engine fuel substituted 1 January 2010 section 11(4) Customs and Excise Amendment Act 2009 Section 1B engine fuel amended 1 October 2018 section 443(3) Customs and Excise Act 2018 Section 1B WorkSafe inserted 16 December 2013 section 22 WorkSafe New Zealand Act 2013
1: Abolition of Ministry of Energy
2: Interpretation
In this Part, unless the context otherwise requires,— responsible department of State responsible Minister of the Crown
3: Abolition of Ministry of Energy
1: The Ministry of Energy is hereby abolished.
2), (3: Amendment(s) incorporated in the Act(s)
4: This section shall come into force on a date to be appointed for the commencement thereof by the Governor-General by Order in Council.
5: An order under this section is secondary legislation ( see Part 3 The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under this section. Legislation Act 2019 requirements for secondary legislation made under this section Publication PCO must publish it on the legislation website and notify it in the Gazette LA19 s 69(1)﻿(c) Presentation The Minister must present it to the House of Representatives LA19 s 114 cl 32(1)﻿(a) Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act. Section 3(4) brought into force 31 December 1990 clause 2 Ministry of Energy (Abolition) Act Commencement Order 1990 Section 3(5) inserted 28 October 2021 section 3 Secondary Legislation Act 2021
4: Consequential amendments to references to Minister of Energy, Secretary of Energy, and Ministry of Energy
Unless in any case the context otherwise requires, and subject to the provisions of this Act, in any enactment or in any regulations or in any instrument or document,—
a: every reference to the Minister of Energy shall be read as a reference to the responsible Minister of the Crown:
b: every reference to the Secretary of Energy shall be read as a reference to the chief executive of the responsible department of State:
c: every reference to the Ministry of Energy shall be read as a reference to the responsible department of State.
5: Consequential amendments
The enactments specified in Schedule 1
6: Repeals
The enactments specified in Schedule 2
7: Consequential amendments to regulations
1: The regulations specified in Schedule 3
2: The amendment by this section of the regulations specified in Schedule 3
3: The Governor-General may from time to time, by Order in Council, consequentially revoke Schedule 3
4: An order under this section is secondary legislation ( see Part 3 The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under this section. Legislation Act 2019 requirements for secondary legislation made under this section Publication PCO must publish it on the legislation website and notify it in the Gazette LA19 s 69(1)﻿(c) Presentation The Minister must present it to the House of Representatives LA19 s 114 cl 32(1)﻿(a) Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act. Section 7(4) inserted 28 October 2021 section 3 Secondary Legislation Act 2021
8: Revocations
The orders specified in Schedule 4 Savings
9: Delegation of powers by Minister or Secretary
Every delegation under section 9 or section 10 of the Ministry of Energy Act 1977 that was in force immediately before the commencement of this section shall continue to have effect according to its tenor as if it had been made on that commencement under clauses 2 3 5 Section 9 amended 7 August 2020 section 135 Public Service Act 2020
10: Existing proceedings
Where, before the commencement of section 3
a: become a party to any proceedings whatever; or
b: initiated any action under the authority of any statutory provision formerly administered by the Minister of Energy,— such action or proceedings may be continued, completed, and enforced by or against the responsible Minister.
11: Existing consents, licences, permits, approvals, or remissions, etc
Any consent, licence, permit, approval, or remission, given or granted by the Minister of Energy or the Secretary of Energy and in force immediately before the commencement of this section shall, unless its terms or the context otherwise requires, continue in force until amended, transferred, modified, or revoked by the responsible Minister or the chief executive of the responsible department of State.
2: Function of Minister in relation to price control
Part 2 repealed 1 November 2010 section 158 Electricity Industry Act 2010
12: Interpretation
Section 12 repealed 1 October 2008 section 5 Energy (Fuels, Levies, and References) Amendment Act 2008
13: Control of
goods or services Section 13 repealed 1 November 2010 section 158 Electricity Industry Act 2010
3: Levies
14: Purpose of levies
1: Levies recovered under this Part, except levies recovered under section 24
a: the inspection, monitoring, and related services to which they relate and matters incidental to those services, being—
i: services carried out by the Ministry under any Act or related arbitration services; or
ii:
iii: services carried out by WorkSafe
b: the dissemination of information concerning safety in relation to the industries to which the levies relate by the Ministry or by WorkSafe
c: the dissemination by the Ministry of information to assist consumers to choose, and alternate, between competing electricity retailers (as defined in section 2(1) or gas retailers (as defined in section 2(1)
d: the recovery of those levies.
2: Levies recovered under section 24
a: the inspection, monitoring, and related services to which they relate and matters incidental to those services, being services carried out by the Ministry under any Act or related arbitration services; and
b: the dissemination of information concerning safety in relation to the industries to which the levies relate by the Ministry; and
ba: compliance by the Crown with New Zealand’s obligation, under Article 2 of the International Energy Agreement, to maintain the emergency reserve commitment set out in that Article; and
c: the recovery of those levies.
2A: Despite subsections (1) and (2), levies recovered under sections 23 24 Energy Efficiency and Conservation Act 2000
2B: Levies recovered under section 24
3: Levies recovered under section 24
4: In this section, International Energy Agreement section 2 Section 14 substituted 5 December 2006 section 4 Ministry of Energy (Abolition) Amendment Act 2006 Section 14(1)﻿(a)﻿(ii) repealed 16 December 2013 section 22 WorkSafe New Zealand Act 2013 Section 14(1)﻿(a)﻿(iii) amended 16 December 2013 section 22 WorkSafe New Zealand Act 2013 Section 14(1)﻿(b) amended 16 December 2013 section 22 WorkSafe New Zealand Act 2013 Section 14(1)﻿(c) amended 1 November 2010 section 159 Electricity Industry Act 2010 Section 14(2)﻿(ba) inserted 24 February 2015 section 4(1) Energy (Fuels, Levies, and References) Amendment Act 2015 Section 14(2A) inserted 1 July 2017 section 11 Energy Innovation (Electric Vehicles and Other Matters) Amendment Act 2017 Section 14(2B) inserted 1 July 2023 section 4 Energy (Fuels, Levies, and References) Amendment Act 2023 Section 14(3) inserted 24 February 2015 section 4(2) Energy (Fuels, Levies, and References) Amendment Act 2015 Section 14(4) inserted 24 February 2015 section 4(2) Energy (Fuels, Levies, and References) Amendment Act 2015
14A: Energy Efficiency and Conservation Authority consultation about request for appropriation
1: The EECA must, before submitting a request to the Minister seeking an appropriation of public money for the following year, or any change to an appropriation for the current year, that relates to costs that are intended to be recovered by way of a levy under section 23 24
a: those persons who are liable to pay the levy; and
b: any other representatives of persons whom the EECA believes to be significantly affected by the levy.
2: The EECA must, at the time when the request is submitted, report to the Minister on the outcome of that consultation. Section 14A inserted 1 July 2017 section 12 Energy Innovation (Electric Vehicles and Other Matters) Amendment Act 2017
15: Levies payable by owners of coal mines
Section 15 repealed 1 July 1998 section 3 Ministry of Energy (Abolition) Amendment Act 1998
16: Levies payable by owners of mineral mines
Section 16 repealed 1 July 1998 section 3 Ministry of Energy (Abolition) Amendment Act 1998
17: Levy payable by holders of prospecting licences
Section 17 repealed 1 July 1998 section 3 Ministry of Energy (Abolition) Amendment Act 1998
18: Levies payable by occupiers of quarries
Section 18 repealed 1 July 1998 section 3 Ministry of Energy (Abolition) Amendment Act 1998
19: Levies payable by occupiers of tunnels
Section 19 repealed 1 July 1998 section 3 Ministry of Energy (Abolition) Amendment Act 1998
20: Levies payable by
owners Section 20 repealed 1 July 1998 section 3 Ministry of Energy (Abolition) Amendment Act 1998
21: Levies payable by holders of pipeline authorisations
Section 21 repealed 1 July 1998 section 3 Ministry of Energy (Abolition) Amendment Act 1998
22: Electricity levies
1: In this section, unless the context otherwise requires, expressions defined in the Electricity Act 1992
2: Not later than 30 days after the last days of March, June, September, and December in each year, every person or body who or which generates electricity for sale (including the Electricity Corporation of New Zealand Limited) shall supply the Secretary with a true and accurate return of all electricity sold from such generation during the immediately preceding period of 3 months ended with the said last days of March, June, September, and December, respectively, together with the levy calculated in accordance with this section: provided that any person or body who or which has sold from such generation less than 500 megawatt hours of electricity during any such period need not supply a return nor pay any levy.
3: The levy payable on all such electricity that has been sold during the said periods of 3 months shall be 2 cents for each complete 100 kilowatt hours of such electricity or such lesser amount for each complete 100 kilowatt hours as may be prescribed.
4: All electricity measurements made for the purpose of supplying a return and calculating the levy payable under this section shall be made in such manner and by the use of such methods as may be approved by the Secretary by notice
5: A notice under subsection (4) is secondary legislation ( see Part 3 1977 No 33 s 15J 1987 No 97 s 3(1) 1988 No 134 s 2 The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under this section. Legislation Act 2019 requirements for secondary legislation made under this section Publication It is not required to be published LA19 s 73(2) The Ministry of Foreign Affairs and Trade considers that the secondary legislation may have international transparency obligations under the CPTPP s 75 LA19 ss 74(2) 75 Presentation It is not required to be presented to the House of Representatives because a transitional exemption applies under Schedule 1 LA19 s 114 cl 32(1)﻿(a) Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act. Section 22(1) amended 1 April 1993 section 173(2) Electricity Act 1992 Section 22(4) amended 28 October 2021 section 3 Secondary Legislation Act 2021 Section 22(5) inserted 28 October 2021 section 3 Secondary Legislation Act 2021
23: Gas levies
1: A gas retailer who sells piped gas must, not later than 30 days after the last day of March, June, September, and December in each year,—
a: supply the Secretary with a return of the energy content of all piped gas sold by the retailer during the preceding 3-month period ending with the last day of March, June, September, and December, respectively; and
b: pay to the Secretary the levy for the relevant 3-month period calculated in accordance with this section and with regulations made under section 33
2: The levy for the relevant 3-month period is payable, for each complete gigajoule of piped gas sold, at the rate or amount calculated or ascertained in accordance with this section and with regulations made under section 33
3: However, the levy is not payable on, and a return is not required to include,—
a: piped gas of a prescribed type; or
b: piped gas that is to be used for a prescribed purpose.
4: All gas measurements made for the purpose of supplying a return and calculating the levy payable under this section must be made by the use of methods approved by the Secretary by notice
5: In this section, unless the context otherwise requires, expressions defined in the Gas Act 1992
6: A notice under subsection (4) is secondary legislation ( see Part 3 The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under this section. Legislation Act 2019 requirements for secondary legislation made under this section Publication It is not required to be published LA19 s 73(2) The Ministry of Foreign Affairs and Trade considers that the secondary legislation may have international transparency obligations under the CPTPP s 75 LA19 ss 74(2) 75 Presentation It is not required to be presented to the House of Representatives because a transitional exemption applies under Schedule 1 LA19 s 114 cl 32(1)﻿(a) Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act. Section 23 replaced 1 July 2017 section 13 Energy Innovation (Electric Vehicles and Other Matters) Amendment Act 2017 Section 23(4) amended 28 October 2021 section 3 Secondary Legislation Act 2021 Section 23(6) inserted 28 October 2021 section 3 Secondary Legislation Act 2021
24: Petroleum or engine fuel monitoring levy
1: A levy is payable at the rate prescribed under section 33 section 35(1)﻿(fa)
2: The levy must be paid to the New Zealand Customs Service—
a: by the person who would be liable to pay any excise duty or excise-equivalent duty on the petroleum or engine fuel under the Customs and Excise Act 2018
b: when any excise duty or excise-equivalent duty would be paid if any were payable.
3: The New Zealand Customs Service must collect the levy on behalf of the Crown.
4: Section 28 Section 24 replaced 23 February 2016 section 5 Energy (Fuels, Levies, and References) Amendment Act 2015 Section 24(2)﻿(a) amended 1 October 2018 section 443(3) Customs and Excise Act 2018
25: Supplementary levies
Section 25 repealed 1 July 1998 section 3 Ministry of Energy (Abolition) Amendment Act 1998
25A: Administration charge
Section 25A repealed 1 July 1998 section 3 Ministry of Energy (Abolition) Amendment Act 1998
26: Rebates
Section 26 repealed 24 February 2015 section 6 Energy (Fuels, Levies, and References) Amendment Act 2015
27: Due dates for payment
Every levy payable under any of the provisions of sections 22 23 24 1977 No 33 s 15M 1989 No 28 s 10(2) Section 27 amended 1 July 1998 section 5 Ministry of Energy (Abolition) Amendment Act 1998
28: Penalty for late payment
If any levy is not paid on or before the date on which it is payable, the person liable to pay it shall pay to the Secretary an additional amount equal to 10% of the unpaid amount. 1977 No 33 s 15N 1987 No 97 s 3(1)
29: Recovery of levies
All money payable to the Secretary or the New Zealand Customs Service under this Part is—
a: a debt due to the Crown; and
b: recoverable by the Crown in a court of competent jurisdiction. Section 29 replaced 24 February 2015 section 7 Energy (Fuels, Levies, and References) Amendment Act 2015
30: Payment of levy into Crown Bank Account
All money received by the Secretary or the New Zealand Customs Service under this Part must be paid into a Crown Bank Account. Section 30 replaced 23 February 2016 section 8 Energy (Fuels, Levies, and References) Amendment Act 2015
31: Power to inspect property, obtain information, and enter land
1: For the purpose of obtaining any information that may be required by the Secretary for the purposes of this Part, any person specifically or generally authorised in writing in that behalf by the Secretary may, from time to time—
a: subject to subsection (3), at any reasonable time enter any land, building, or place, other than a dwellinghouse:
b: inspect and examine any property and any books, accounts, vouchers, records, or documents:
c: require any person to produce any books, accounts, vouchers, records, or documents in that person's possession or under that person's control, and allow copies of or extracts from any such books, accounts, vouchers, records, or documents to be made or taken:
d: require any person to furnish any information or particulars that may be required by the Secretary.
2: Every such written authorisation shall contain—
a: a reference to this section; and
b: the full name of the authorised person; and
c: a statement of the powers conferred on the authorised person by subsection (1).
3: Every person exercising any power of entry under subsection (1) shall be in possession of the appropriate written authorisation, and evidence of identity, and shall produce them to the occupier of the land, building, or place—
a: if practicable, on first entering the land, building, or place; and
b: whenever subsequently reasonably required to do so by the occupier.
4: Every person shall have the same privileges in relation to—
a: the production to any authorised person of any books, accounts, vouchers, records, or documents; and
b: the furnishing to any authorised person of any information or particulars; and
c: the answering of questions put by any authorised person— under this section as witnesses have in courts of law. 1977 No 33 s 15Q 1987 No 97 s 3(1)
32: Offence to make incorrect statement, etc
1: Every person commits an offence who,—
a: in any information or particulars supplied under section 31
i: makes a material statement knowing that it is incorrect; or
ii: knowingly makes any material omission; or
b: resists, obstructs, deceives, or attempts to deceive any person who is exercising or attempting to exercise any power or function under section 31
c: refuses or fails without reasonable excuse to comply with any requirement made under paragraph (c) or (d) of section 31(1)
2: Any offence against this section committed by any employee or agent in the course of employment or agency shall be deemed to have been also committed by the employee's or agent's employer or principal if it is proved that the act or omission constituting the offence occurred with the employer's or principal's authority, permission, or consent. 1977 No 33 s 15R 1987 No 97 s 3(1) Section 32(1) substituted 1 October 2008 section 8 Energy (Fuels, Levies, and References) Amendment Act 2008
33: Regulations prescribing levy rates
1: The Governor-General may, by Order in Council made on the recommendation of the Minister, make regulations prescribing, for levies that are payable under this Part,—
a: amounts or rates of the levies; or
b: methods of calculating or ascertaining
1A: Regulations made under subsection (1) may—
a: specify the periods for which amounts or rates of the levies apply; and
b: include, in any prescribed method of calculating or ascertaining amounts or rates of the levies, provisions relating to any shortfall in recovering, or over-recovery of, the actual costs of EECA from a previous levy period.
2: However, an amount or rate prescribed, or calculated using a prescribed method
3: Before recommending that regulations be made under this section, the Minister must consult persons or organisations considered by the Minister to represent the persons affected by the levy concerned.
4: Regulations under this section—
a: are secondary legislation ( see Part 3
b: must be confirmed by an Act ( see subpart 3
4: The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under this section. Legislation Act 2019 requirements for secondary legislation made under this section Publication PCO must publish it on the legislation website and notify it in the Gazette LA19 s 69(1)﻿(c) Presentation The Minister must present it to the House of Representatives LA19 s 114 cl 32(1)﻿(a) Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act. Section 33 replaced 24 February 2015 section 9 Energy (Fuels, Levies, and References) Amendment Act 2015 Section 33(1)﻿(b) amended 1 July 2017 section 14(1) Energy Innovation (Electric Vehicles and Other Matters) Amendment Act 2017 Section 33(1A) inserted 1 July 2017 section 14(2) Energy Innovation (Electric Vehicles and Other Matters) Amendment Act 2017 Section 33(2) amended 1 July 2017 section 14(3) Energy Innovation (Electric Vehicles and Other Matters) Amendment Act 2017 Section 33(4) inserted 28 October 2021 section 3 Secondary Legislation Act 2021 Section 33(4) repealed 1 January 2016 section 14 Legislation (Confirmable Instruments) Amendment Act 2015
33A: Levy regulations are confirmable instruments
Section 33A repealed 28 October 2021 section 3 Secondary Legislation Act 2021
34: Amount of goods and services tax excluded
It is hereby declared that the levies payable under this Part are exclusive of goods and services tax under the Goods and Services Tax Act 1985 1977 No 33 s 15T 1989 No 28 s 12
3A: Biofuel obligation
Part 3A repealed 23 December 2008 section 4 Energy (Fuels, Levies, and References) Biofuel Obligation Repeal Act 2008
34A: Purpose of this Part
Section 34A repealed 23 December 2008 section 4 Energy (Fuels, Levies, and References) Biofuel Obligation Repeal Act 2008
34B: Outline of this Part
Section 34B repealed 23 December 2008 section 4 Energy (Fuels, Levies, and References) Biofuel Obligation Repeal Act 2008
34C: Status of examples
Section 34C repealed 23 December 2008 section 4 Energy (Fuels, Levies, and References) Biofuel Obligation Repeal Act 2008
34D: Interpretation
Section 34D repealed 23 December 2008 section 4 Energy (Fuels, Levies, and References) Biofuel Obligation Repeal Act 2008
34E: Definition of obliged person
Section 34E repealed 23 December 2008 section 4 Energy (Fuels, Levies, and References) Biofuel Obligation Repeal Act 2008
34F: Definition of obligation engine fuel
Section 34F repealed 23 December 2008 section 4 Energy (Fuels, Levies, and References) Biofuel Obligation Repeal Act 2008
34G: Definition of qualifying biofuel
Section 34G repealed 23 December 2008 section 4 Energy (Fuels, Levies, and References) Biofuel Obligation Repeal Act 2008
34H: Minister must recommend Order in Council under section 34G(2) providing qualifying biofuels must be sustainable biofuels
Section 34H repealed 23 December 2008 section 4 Energy (Fuels, Levies, and References) Biofuel Obligation Repeal Act 2008
34I: Definition of trigger point
Section 34I repealed 23 December 2008 section 4 Energy (Fuels, Levies, and References) Biofuel Obligation Repeal Act 2008
34J: Governor-General may revise biofuel percentage
Section 34J repealed 23 December 2008 section 4 Energy (Fuels, Levies, and References) Biofuel Obligation Repeal Act 2008
34K: Consultation and confirmation requirements for Orders in Council under section 34F, 34G, 34I, or 34J
Section 34K repealed 23 December 2008 section 4 Energy (Fuels, Levies, and References) Biofuel Obligation Repeal Act 2008
34L: Obliged person’s required amount of qualifying biofuel
Section 34L repealed 23 December 2008 section 4 Energy (Fuels, Levies, and References) Biofuel Obligation Repeal Act 2008
34M: Calculating required amount of qualifying biofuel and actual amount of qualifying biofuel
Section 34M repealed 23 December 2008 section 4 Energy (Fuels, Levies, and References) Biofuel Obligation Repeal Act 2008
34N: Required amount of qualifying biofuels may be divided into proportions or amounts by Order in Council
Section 34N repealed 23 December 2008 section 4 Energy (Fuels, Levies, and References) Biofuel Obligation Repeal Act 2008
34O: Energy content values
Section 34O repealed 23 December 2008 section 4 Energy (Fuels, Levies, and References) Biofuel Obligation Repeal Act 2008
34P: Exclusion for engine fuel exported from New Zealand
Section 34P repealed 23 December 2008 section 4 Energy (Fuels, Levies, and References) Biofuel Obligation Repeal Act 2008
34Q: Deferring required amount of qualifying biofuel
Section 34Q repealed 23 December 2008 section 4 Energy (Fuels, Levies, and References) Biofuel Obligation Repeal Act 2008
34R: Surplus and shortfall
Section 34R repealed 23 December 2008 section 4 Energy (Fuels, Levies, and References) Biofuel Obligation Repeal Act 2008
34S: Entitlement agreements: general rules
Section 34S repealed 23 December 2008 section 4 Energy (Fuels, Levies, and References) Biofuel Obligation Repeal Act 2008
34T: Entitlement agreements with biofuel owner who is not obliged person
Section 34T repealed 23 December 2008 section 4 Energy (Fuels, Levies, and References) Biofuel Obligation Repeal Act 2008
34U: Entitlement agreements with biofuel owner who is obliged person
Section 34U repealed 23 December 2008 section 4 Energy (Fuels, Levies, and References) Biofuel Obligation Repeal Act 2008 Annual returns Heading repealed 23 December 2008 section 4 Energy (Fuels, Levies, and References) Biofuel Obligation Repeal Act 2008
34V: Annual returns
Section 34V repealed 23 December 2008 section 4 Energy (Fuels, Levies, and References) Biofuel Obligation Repeal Act 2008
34W: Auditing of annual returns
Section 34W repealed 23 December 2008 section 4 Energy (Fuels, Levies, and References) Biofuel Obligation Repeal Act 2008 Civil penalty Heading repealed 23 December 2008 section 4 Energy (Fuels, Levies, and References) Biofuel Obligation Repeal Act 2008
34X: Civil penalty for breaching section 34L
Section 34X repealed 23 December 2008 section 4 Energy (Fuels, Levies, and References) Biofuel Obligation Repeal Act 2008
34Y: Civil penalty for breaching section 34N(2)
Section 34Y repealed 23 December 2008 section 4 Energy (Fuels, Levies, and References) Biofuel Obligation Repeal Act 2008
34Z: Definition of
force majeure Section 34Z repealed 23 December 2008 section 4 Energy (Fuels, Levies, and References) Biofuel Obligation Repeal Act 2008
34ZA: Applicable rules, procedure, and standard of proof
Section 34ZA repealed 23 December 2008 section 4 Energy (Fuels, Levies, and References) Biofuel Obligation Repeal Act 2008
4: Miscellaneous provisions
35: Other regulations
1: The Governor-General may from time to time, by Order in Council, make regulations for all or any of the following purposes:
a: requiring specified classes of users or intending users of energy or of sources of energy to supply to the Secretary prescribed information as to—
i: the kinds, forms, and sources of energy used or to be used by them; and
ii: the purposes for which they are so used or to be used; and
iii: the means by which they are so used or to be used; and
iv: changes or proposed changes in the kinds, forms, or sources of energy so used or to be used, or in the quantities so used or to be used:
b: prescribing standards or specifications for equipment used in the dispensing of engine fuel or
c: prescribing standards or specifications (including environmental or sustainability standards or specifications) engine fuel or
d: requiring persons who sell engine fuel or refined petroleum products to consumers to display or provide information about the price, quality, sustainability, suitability, quantity, or nature of a class or classes of refined petroleum products or engine fuel:
da: requiring persons who sell engine fuel to consumers not to promote or advertise that the engine fuel contains biofuel if the engine fuel comprises, by volume, a certain percentage of biofuel that is not more than 1%:
e: prescribing standards or specifications for fuel tank inlets on motor vehicles:
ea: providing for accreditation, certification, and verification for the purposes of
eb:
ec:
ed:
ee:
ef:
eg: prescribing the records that are required to be kept under section 35B
eh: prescribing the form of search warrants issued under section 37A
f: prescribing offences in respect of the contravention of or non-compliance with any regulations made under this section, and the amounts of the fines that may be imposed in respect of any such offences, which fines shall be an amount not exceeding $10,000
faa: prescribing any matter that section 23(3)
fa: prescribing, in respect of the levy that is payable under section 24
g: providing for such other matters as are contemplated by or necessary for giving full effect to this Act and for its due administration.
1A:
2: The following may be incorporated by reference into a regulation made under subsection (1)
a: standards, procedures, or test methods of international organisations:
b: any other written material or document that, in the opinion of the Minister, is too large or impractical to be printed as part of the regulation.
3: Any material incorporated in a regulation by reference under subsection (2) is part of the regulation; and, unless otherwise provided in the regulations, every amendment made by the person or organisation originating the material is part of the regulation.
4: The Secretary must make copies of all material and any amendments incorporated in regulations by reference under subsections (2) and (3) available for inspection, free of charge, at the head office of the Ministry.
5: Any material incorporated by reference has no effect until it is made available for inspection in accordance with subsection (4).
6: Regulations under this section are secondary legislation ( see Part 3
7: Subpart 1 section 114 1977 No 33 s 28 The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under this section. Legislation Act 2019 requirements for secondary legislation made under this section Publication PCO must publish it on the legislation website and notify it in the Gazette LA19 s 69(1)﻿(c) Presentation The Minister must present it to the House of Representatives LA19 s 114 cl 32(1)﻿(a) Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act. Section 35 heading replaced 24 February 2015 section 10(1) Energy (Fuels, Levies, and References) Amendment Act 2015 Section 35(1)﻿(b) amended 20 September 2007 section 8 Energy (Fuels, Levies, and References) Amendment Act 2007 Section 35(1)﻿(c) amended 1 October 2008 section 10(1) Energy (Fuels, Levies, and References) Amendment Act 2008 Section 35(1)﻿(c) amended 20 September 2007 section 8 Energy (Fuels, Levies, and References) Amendment Act 2007 Section 35(1)﻿(d) substituted 1 October 2008 section 10(2) Energy (Fuels, Levies, and References) Amendment Act 2008 Section 35(1)﻿(da) inserted 1 October 2008 section 10(2) Energy (Fuels, Levies, and References) Amendment Act 2008 Section 35(1)﻿(ea) inserted 1 October 2008 section 10(3) Energy (Fuels, Levies, and References) Amendment Act 2008 Section 35(1)﻿(ea) amended 23 December 2008 section 5(1) Energy (Fuels, Levies, and References) Biofuel Obligation Repeal Act 2008 Section 35(1)﻿(eb) repealed 23 December 2008 section 5(2) Energy (Fuels, Levies, and References) Biofuel Obligation Repeal Act 2008 Section 35(1)﻿(ec) repealed 23 December 2008 section 5(2) Energy (Fuels, Levies, and References) Biofuel Obligation Repeal Act 2008 Section 35(1)﻿(ed) repealed 23 December 2008 section 5(2) Energy (Fuels, Levies, and References) Biofuel Obligation Repeal Act 2008 Section 35(1)﻿(ee) repealed 23 December 2008 section 5(2) Energy (Fuels, Levies, and References) Biofuel Obligation Repeal Act 2008 Section 35(1)﻿(ef) repealed 23 December 2008 section 5(2) Energy (Fuels, Levies, and References) Biofuel Obligation Repeal Act 2008 Section 35(1)﻿(eg) inserted 1 October 2008 section 10(3) Energy (Fuels, Levies, and References) Amendment Act 2008 Section 35(1)﻿(eh) inserted 1 October 2008 section 10(3) Energy (Fuels, Levies, and References) Amendment Act 2008 Section 35(1)﻿(f) amended 28 July 1997 section 2 Ministry of Energy (Abolition) Amendment Act 1997 Section 35(1)﻿(faa) inserted 1 July 2017 section 15 Energy Innovation (Electric Vehicles and Other Matters) Amendment Act 2017 Section 35(1)﻿(fa) inserted 24 February 2015 section 10(2) Energy (Fuels, Levies, and References) Amendment Act 2015 Section 35(1A) repealed 23 December 2008 section 5(3) Energy (Fuels, Levies, and References) Biofuel Obligation Repeal Act 2008 Section 35(2) added 7 May 1999 section 2 Ministry of Energy (Abolition) Amendment Act 1999 Section 35(2) amended 23 December 2008 section 5(4) Energy (Fuels, Levies, and References) Biofuel Obligation Repeal Act 2008 Section 35(3) added 7 May 1999 section 2 Ministry of Energy (Abolition) Amendment Act 1999 Section 35(4) added 7 May 1999 section 2 Ministry of Energy (Abolition) Amendment Act 1999 Section 35(5) added 7 May 1999 section 2 Ministry of Energy (Abolition) Amendment Act 1999 Section 35(6) inserted 28 October 2021 section 3 Secondary Legislation Act 2021 Section 35(7) inserted 28 October 2021 section 3 Secondary Legislation Act 2021
35A: Power of Minister to require selling of engine fuel to cease
1: If the Minister is satisfied that engine fuel does not comply with regulations, the Minister may, by written notice, require the seller or distributor to—
a: cease selling the engine fuel or making it available; or
b: cease selling the engine fuel for any particular end use or making it available for any particular end use.
2: A seller or distributor who fails to comply with a Minister’s notice described in subsection (1) commits an offence. Section 35A inserted 1 October 2008 section 11 Energy (Fuels, Levies, and References) Amendment Act 2008
35B: Keeping of records
1: Every person described in subsection (2) must keep or cause to be kept in New Zealand prescribed records for the prescribed length of time not exceeding 7 years.
2: The persons to whom subsection (1) applies are—
a:
b:
c:
d: any persons engaged in the importation, distribution, production, refining, blending, exportation, or selling of petroleum, refined petroleum products, or engine fuel or goods capable of being used to make engine fuel.
3: A person who fails to keep the records that are required to be kept under subsection (1) commits an offence. 1996 No 27 s 95 Section 35B inserted 1 October 2008 section 11 Energy (Fuels, Levies, and References) Amendment Act 2008 Section 35B(2)﻿(a) repealed 23 December 2008 section 6 Energy (Fuels, Levies, and References) Biofuel Obligation Repeal Act 2008 Section 35B(2)﻿(b) repealed 23 December 2008 section 6 Energy (Fuels, Levies, and References) Biofuel Obligation Repeal Act 2008 Section 35B(2)﻿(c) repealed 23 December 2008 section 6 Energy (Fuels, Levies, and References) Biofuel Obligation Repeal Act 2008
35C: Power to inspect property, obtain information, and enter land to conduct compliance check
1: For the purposes of this section,— compliance check
a:
b:
c: the extent to which records are being kept as required by section 35B
d: the type, nature, or class of any engine fuel or goods capable of being used to make engine fuel:
e: compliance with regulations made under this Act:
f: the extent to which information supplied or published under section 36 person liable to be checked
a:
b:
c:
d: any persons engaged in the importation, distribution, production, refining, blending, exportation, or selling of petroleum, refined petroleum products, or engine fuel or goods capable of being used to make engine fuel.
2: In order to conduct a compliance check of a person liable to be checked, any person specifically or generally authorised in writing by the Secretary may, using reasonable force,—
a: subject to subsection (4), at any reasonable time enter any land, building, or place other than a dwellinghouse or marae:
b: inspect and examine any property and any books, accounts, vouchers, records, or documents (including records or documents held in electronic or other form):
c: require any person to produce any books, accounts, vouchers, records, or documents (including records or documents held in electronic or other form) in that person’s possession or under that person’s control, and allow copies of or extracts from those books, accounts, vouchers, records, or documents to be made or taken:
d: require any person to supply any information or particulars that may be required by the Secretary:
e: take samples of any petroleum, engine fuel, or goods capable of being used to make engine fuel.
3: The written authorisation must contain—
a: a reference to this section; and
b: the full name of the authorised person; and
c: a statement of the powers conferred on the authorised person by subsection (2).
4: Every person exercising a power of entry under subsection (2) must be in possession of the written authorisation and evidence of identity, and must produce them to the occupier of the land, building, or place,—
a: if practicable, on first entering the land, building, or place; and
b: whenever subsequently reasonably required to do so by the occupier.
5: Every person has the same privileges under this section as witnesses have in court in relation to—
a: the production to an authorised person of any books, accounts, vouchers, records, or documents; and
b: the supplying to an authorised person of any information or particulars; and
c: the answering of questions put by an authorised person. Section 35C inserted 1 October 2008 section 11 Energy (Fuels, Levies, and References) Amendment Act 2008 Section 35C(1) compliance check repealed 23 December 2008 section 7(1)﻿(a) Energy (Fuels, Levies, and References) Biofuel Obligation Repeal Act 2008 Section 35C(1) compliance check repealed 23 December 2008 section 7(1)﻿(a) Energy (Fuels, Levies, and References) Biofuel Obligation Repeal Act 2008 Section 35C(1) compliance check amended 23 December 2008 section 7(1)﻿(b) Energy (Fuels, Levies, and References) Biofuel Obligation Repeal Act 2008 Section 35C(1) person liable to be checked repealed 23 December 2008 section 7(2) Energy (Fuels, Levies, and References) Biofuel Obligation Repeal Act 2008 Section 35C(1) person liable to be checked repealed 23 December 2008 section 7(2) Energy (Fuels, Levies, and References) Biofuel Obligation Repeal Act 2008 Section 35C(1) person liable to be checked repealed 23 December 2008 section 7(2) Energy (Fuels, Levies, and References) Biofuel Obligation Repeal Act 2008
35D: Offence to make incorrect statement
Every person commits an offence who,—
a: in any information or particulars supplied under section 35C
i: makes a material statement knowing that it is incorrect; or
ii: knowingly makes any material omission; or
b: resists, obstructs, deceives, or attempts to deceive any person who is exercising or attempting to exercise any power or function under section 35C
c: refuses or fails without reasonable excuse to comply with any requirement made under paragraph (c) or (d) section 35C(2) Section 35D inserted 1 October 2008 section 11 Energy (Fuels, Levies, and References) Amendment Act 2008
36: Power of Minister to require information
1: The Minister may, by notice in writing to a person described in subsection (1B), require that person to supply to the Minister, by a date specified in the notice, any information specified in the notice in relation to the following:
a: the price, suitability, quantity, or nature of petroleum, refined petroleum products, or engine fuel, or goods capable of being used to make engine fuel either in New Zealand or elsewhere:
b:
c: the importation, distribution, production, refining, blending, exportation, or selling of petroleum, refined petroleum products, or engine fuel, or goods capable of being used to make engine fuel either in New Zealand or elsewhere:
d:
e:
f: the type, nature, or class of the person’s engine fuel:
g: the country of origin of the person’s engine fuel:
h: the particular type or source of biomass from which the person’s biofuels were produced:
i: the particular process the person’s engine fuels were produced from or refined through:
j: the qualities of the person's engine fuel:
k: any standards or specifications (including environmental or sustainability standards or specifications) that the person's engine fuel meets:
l: the particular end use or type of end use of the person's engine fuel.
1A: The Minister may, by notice in writing to a person described in subsection (1B), require that person to publish (in any particular form and manner), by a date specified in the notice, any information that may be required to be supplied to the Minister in relation to subsection (1)﻿(f)
1B: The persons who may be the recipients of a notice under subsection (1) or (1A) are—
a:
b:
c:
d: any persons engaged in the importation, distribution, production, refining, blending, exportation, or selling of petroleum, refined petroleum products, or engine fuel or goods capable of being used to make engine fuel.
2: All information and all particulars required by a notice under subsection (1) or (1A) and manner Section 36 heading amended 20 September 2007 section 9(1) Energy (Fuels, Levies, and References) Amendment Act 2007 Section 36(1) substituted 1 October 2008 section 12(1) Energy (Fuels, Levies, and References) Amendment Act 2008 Section 36(1)﻿(b) repealed 23 December 2008 section 8(1) Energy (Fuels, Levies, and References) Biofuel Obligation Repeal Act 2008 Section 36(1)﻿(d) repealed 23 December 2008 section 8(1) Energy (Fuels, Levies, and References) Biofuel Obligation Repeal Act 2008 Section 36(1)﻿(e) repealed 23 December 2008 section 8(1) Energy (Fuels, Levies, and References) Biofuel Obligation Repeal Act 2008 Section 36(1A) inserted 1 October 2008 section 12(1) Energy (Fuels, Levies, and References) Amendment Act 2008 Section 36(1A) amended 23 December 2008 section 8(2) Energy (Fuels, Levies, and References) Biofuel Obligation Repeal Act 2008 Section 36(1B) inserted 1 October 2008 section 12(1) Energy (Fuels, Levies, and References) Amendment Act 2008 Section 36(1B)﻿(a) repealed 23 December 2008 section 8(3) Energy (Fuels, Levies, and References) Biofuel Obligation Repeal Act 2008 Section 36(1B)﻿(b) repealed 23 December 2008 section 8(3) Energy (Fuels, Levies, and References) Biofuel Obligation Repeal Act 2008 Section 36(1B)﻿(c) repealed 23 December 2008 section 8(3) Energy (Fuels, Levies, and References) Biofuel Obligation Repeal Act 2008 Section 36(2) amended 1 October 2008 section 12(2)﻿(a) Energy (Fuels, Levies, and References) Amendment Act 2008 Section 36(2) amended 1 October 2008 section 12(2)﻿(b) Energy (Fuels, Levies, and References) Amendment Act 2008
37: Offences
1: Every person commits an offence against this Act who, without sufficient reason (the proof whereof shall be on that person),—
a: fails to furnish, within the time specified in a notice given to that person under section 36(1) or (1A)
b: furnishes, in response to a notice given to that person under section 36(1) or (1A)
c: refuses or fails to furnish any information or particulars in the form and manner in which it is required by a notice under section 36(1) or (1A)
2: Every person who commits an offence against subsection (1), section 32 section 35A section 35D
a: in the case of a person other than a body corporate, to a fine not exceeding $20,000:
b: in the case of a body corporate, to a fine not exceeding $200,000. Section 37(1)﻿(a) amended 1 October 2008 section 13(1) Energy (Fuels, Levies, and References) Amendment Act 2008 Section 37(1)﻿(b) amended 1 October 2008 section 13(1) Energy (Fuels, Levies, and References) Amendment Act 2008 Section 37(1)﻿(c) substituted 1 October 2008 section 13(2) Energy (Fuels, Levies, and References) Amendment Act 2008 Section 37(2) substituted 1 October 2008 section 13(3) Energy (Fuels, Levies, and References) Amendment Act 2008 Section 37(2) amended 1 July 2013 section 413 Criminal Procedure Act 2011 Section 37(2) amended 23 December 2008 section 9 Energy (Fuels, Levies, and References) Biofuel Obligation Repeal Act 2008 Search warrants Heading inserted 1 October 2008 section 14 Energy (Fuels, Levies, and References) Amendment Act 2008
37A: Issue of search warrants
1: Any High Court Judge, District Court Judge, Community Magistrate, Justice of the Peace, or Registrar of the District Court
a: the commission of an offence under this Act by any person.
b:
2: The Judge, Community Magistrate, Justice, or Registrar may impose any reasonable conditions on the exercise of the warrant that he or she thinks fit.
3: The Judge may authorise the search warrant to be executed on more than 1 occasion if he or she is satisfied that this is required for the purposes for which the warrant is being issued. Section 37A inserted 1 October 2008 section 14 Energy (Fuels, Levies, and References) Amendment Act 2008 Section 37A amended 1 March 2017 section 261 District Court Act 2016 Section 37A(1)﻿(b) repealed 23 December 2008 section 10 Energy (Fuels, Levies, and References) Biofuel Obligation Repeal Act 2008
37B: Powers conferred by warrant
1: A warrant authorises the person named in it—
a: to enter and search the land, building, or place specified in the warrant on 1 occasion within 14 days of the warrant’s date of issue (or more than 1 occasion if authorised under section 37A(3)
b: to request any person to assist in the execution of the warrant:
c: to use any force for gaining entry and for breaking open any article or thing that is reasonable in the circumstances:
d: to search for and seize any thing that the warrant authorises the person who is executing the warrant to search for and seize:
e: if necessary, to take copies of documents or extracts from documents that the warrant authorises the person who is executing the warrant to copy:
f: if necessary, to require a person to reproduce, or assist any person executing the warrant to reproduce in usable form, information recorded or stored in a document.
2: The powers in subsection (1) to enter and search the land, building, or place must not be exercised by a Ministry employee unless, when exercising the power, that employee is accompanied by a constable
3: The person executing the search warrant may also seize any thing that he or she, or any person assisting him or her, finds in the course of executing the warrant, if the person executing the warrant has reasonable grounds to believe that a search warrant could be obtained to search for that thing.
4: A person assisting the person executing the warrant also has the powers referred to in subsection (1)﻿(c) to (f) while in the company and under the direction of the person executing the warrant.
5: The warrant must be executed in accordance with any conditions specified under section 37A(2) Section 37B inserted 1 October 2008 section 14 Energy (Fuels, Levies, and References) Amendment Act 2008 Section 37B(2) amended 1 October 2008 section 116(a)﻿(ii) Policing Act 2008
37C: Form and content of search warrant
A search warrant must—
a: be in the prescribed form; and
b: be directed to—
i: a constable
ii: any constable
iii: any Ministry employee authorised by the Secretary; and
c: contain all of the following particulars:
i: the land, building, or place that may be searched in accordance with the warrant; and
ii:
iii: the provision of this Act authorising the issue of the warrant; and
iv: a description of things that are authorised to be searched for and seized; and
v: the period during which the warrant may be executed, or, if the warrant may be executed on more than 1 occasion, the number of times or the period of time over which the warrant may be executed; and
vi: any conditions specified under section 37A(2) Section 37C inserted 1 October 2008 section 14 Energy (Fuels, Levies, and References) Amendment Act 2008 Section 37C(b)﻿(i) amended 1 October 2008 section 116(a)﻿(ii) Policing Act 2008 Section 37C(b)﻿(ii) amended 1 October 2008 section 116(a)﻿(ii) Policing Act 2008 Section 37C(c)﻿(ii) amended 23 December 2008 section 11 Energy (Fuels, Levies, and References) Biofuel Obligation Repeal Act 2008
37D: Warrant must be produced
A person executing a warrant must—
a: have the warrant with him or her; and
b: produce it on initial entry and, if requested, at any subsequent time; and
c: identify himself or herself to the owner or occupier or person in charge of the place if that person is present; and
d: produce evidence of his or her identity. 2003 No 12 s 133 Section 37D inserted 1 October 2008 section 14 Energy (Fuels, Levies, and References) Amendment Act 2008
37E: Other duties of person who executes warrant
A person who executes a warrant must, when the search is completed, leave in a prominent position at the place searched or give to the owner or occupier, a written notice stating—
a: the date and time when the land, building, or place was searched; and
b: the name of the person who executed the warrant; and
c: for any seized thing, a list in accordance with section 37G 2003 No 12 s 134 Section 37E inserted 1 October 2008 section 14 Energy (Fuels, Levies, and References) Amendment Act 2008
37F: When alternative to list of seized things may be provided
If it is not practicable to prepare a list under section 37E
a: may, instead of leaving a list, leave a notice stating that things have been seized during the search and that, within 7 days of the search, a list will be delivered, left, or sent stating what things have been seized; and
b: must, within 7 days of the search,—
i: deliver a list to the owner or occupier; or
ii: leave a list in a prominent position at the place searched; or
iii: send a list by post to the owner or occupier of the place searched. 2003 No 12 s 135 Section 37F inserted 1 October 2008 section 14 Energy (Fuels, Levies, and References) Amendment Act 2008
37G: Matters that must be stated in list of seized things
A list under section 37E 37F
a: the things that have been seized; and
b: the location from where they were seized; and
c: the location where they are being held; and
d: that the things may be returned in accordance with sections 37J 37K
e: the extent to which a person from whom a thing was seized, or the owner of the thing, has a right to have access to any document relating to the application for a search warrant; and
f: information about the right to bring a claim that any privileged or confidential information has been seized. 2003 No 12 s 136 Section 37G inserted 1 October 2008 section 14 Energy (Fuels, Levies, and References) Amendment Act 2008
37H: Duty to assist
Section 198B section 37A Section 37H inserted 1 October 2008 section 14 Energy (Fuels, Levies, and References) Amendment Act 2008
37I: Power to inspect and take copies of documents, etc, obtained under warrant
The Secretary, or any person authorised by the Secretary for the purpose, may inspect and take copies of any documents or extracts from them obtained under a warrant. 2003 No 12 s 138 Section 37I inserted 1 October 2008 section 14 Energy (Fuels, Levies, and References) Amendment Act 2008
37J: Disposal of things seized
1: In any proceedings for an offence
2: Any constable
3: An application under subsection (2) must be made on notice to any person known to have an interest in the thing.
4: On an application under subsection (2), the Judge may make any order that a court may make under subsection (1).
5: If proceedings for an offence relating to the thing are not brought within 3 months of seizure, any person claiming to be entitled to the thing may, after the expiry of that period, apply to a Judge for an order that it be delivered to him or her.
6: On any such application, the Judge may—
a: adjourn the application, on any terms that he or she thinks fit, for proceedings to be brought; or
b: make any order that a court may make under subsection (1). 2003 No 12 s 139 Section 37J inserted 1 October 2008 section 14 Energy (Fuels, Levies, and References) Amendment Act 2008 Section 37J(1) amended 23 December 2008 section 12 Energy (Fuels, Levies, and References) Biofuel Obligation Repeal Act 2008 Section 37J(2) amended 1 October 2008 section 116(a)﻿(ii) Policing Act 2008
37K: Court order to be suspended on conviction
1: If any person is convicted in any proceedings for an offence section 37J
a: in any case, until the expiration of the time for the filing of a notice of appeal or an application for leave to appeal; and
b: if a notice of appeal is filed within the time so prescribed, until the determination of the appeal; and
c: if an application for leave to appeal is filed within the time so prescribed, until the application is determined, and, if leave to appeal is granted, until the determination of the appeal.
2: If the operation of an order under section 37J 2003 No 12 s 140 Section 37K inserted 1 October 2008 section 14 Energy (Fuels, Levies, and References) Amendment Act 2008 Section 37K heading amended 23 December 2008 section 13(1) Energy (Fuels, Levies, and References) Biofuel Obligation Repeal Act 2008 Section 37K(1) amended 23 December 2008 section 13(2) Energy (Fuels, Levies, and References) Biofuel Obligation Repeal Act 2008 Savings and transitional provisions Heading inserted 1 October 2008 section 15 Energy (Fuels, Levies, and References) Amendment Act 2008
38: Savings
After the commencement of this section, all regulations made under the Ministry of Energy Act 1977 Ministry of Energy Act 1977
39: Transitional provisions in relation to levies
Notwithstanding the repeal of the Ministry of Energy Act 1977