Problems With Your Electricity Account or Disconnection? - Contact the Electricity Complaints Commissioner
Introduction
There is now someone for customers to contact if they have a complaint regarding their electricity company. Judi Jones, a Wellington based lawyer and former chairperson of the Board of Consumers' Institute, has been appointed the first Electricity Complaints Commissioner.
The Electricity Complaints Commission
The Electricity Complaints Commission is the governing body of the Electricity Complaints Commissioner Scheme. The Commission provides an independent overview of the Scheme and comprises an independent chairperson, two representatives of electricity industry members and two consumer representatives appointed by the Minister of Consumer Affairs. The Commission appoints the Electricity Complaints Commissioner.
The Electricity Complaints Commissioner is an independent, qualified person who will help customers resolve complaints if the electricity retailer or lines company has not resolved a complaint in a satisfactory manner. The Commissioner can award money to customers if they find a company is at fault.
The Commission is funded by member companies but remains independent of the industry. Nearly all power companies (both retailers and lines companies) belong to the scheme. A list of the member companies can be obtained from the Electricity Complaints Commission. The Commission does not charge complainants for any assistance provided.
The Electricity Complaints Commissioner
The Electricity Complaints Commissioner, Judi Jones, is the person who handles the complaints. The Commissioner's decisions are binding on member companies.
Ms Jones is a former chair of the Consumers' Institute and is also a consumers representative on the Electricity Industry Grid Security Committee. Ms Jones is well experienced in representing consumers' interests. Ms Jones has held positions on Advertising Standards Complaints Board and the National Animal Welfare Advisory Committee.
What can the Commissioner do?
The Commissioner will hear complaints from customers regarding retail or line companies who are member companies. Complaints must be about problems that arose after 30 September 2001. The Commissioner can investigate complaints and make awards against member companies for sums up to $10,000.00. In making an award, the Commissioner can take into account consequential (including business income) losses, stress and inconvenience and make an award that is fair and reasonable.
The Commissioner can hear complaints for sums up to $25,000.00 if the Company agrees to this beforehand but the decision and award will not be binding on the member company.
In addition, the Commissioner can also direct a member company to pay up to $2,000.00 to a customer for expenses and any inconvenience reasonably incurred in making the complaint.
As well as ordering a payment, the Commissioner may require the company to provide a service, to require an action to be taken. or provide goods, or other valuable consideration to the complainant.
If a customer is dissatisfied with the outcome of the Commissioner's investigation, the matter can be taken further, for instance, to the Disputes Tribunal or Court. The Tribunal or Court could take the decision of the Commissioner into account. However, a member company is bound by the decision and cannot appeal the decision.
How to Make a Complaint
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Complain to the Company First At the same time, the person making the complaint can also send a copy of the formal complaint to the Electricity Complaints Commission for monitoring. Once the power company has received the complaint, the company has 20 working days to find out what went wrong and to try and fix the problem. The power company must acknowledge they have received the complaint and cannot charge for investigating the complaint. If the complaint is in relation to non-payment of an account the Company must not disconnect the customer until the complaint process is completed. If after those 20 working days an acceptable solution has not been reached, or an answer has not been received from the power company, the complaint can then be taken to the Electricity Complaints Commissioner. |
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Making a Complaint to the Commissioner
A complaint can also be initiated with the Commission by using the communication form found on the web site for the Commission. |
How to Contact the Electricity Complaints Commissioner
| Telephone: | 0800 22 33 40 |
| E-mail: | info@electricitycomplaints.co.nz |
| Mail: | P.O. Box 6144, Marion Square, Wellington |
| Web site: | www.electricitycomplaints.co.nz |
If you would like any further information about the Commissioner or the claims process you can contact us or the Commissioner direct.
This article is provided by Harkness Henry as general guidance and is based on the laws in force at the time of its preparation. It is not intended to be comprehensive or a substitute for legal advice, which may vary depending on your circumstances. Harkness Henry will not be liable to you for reliance on any statements made in this article, and you should seek specific legal advice in respect of your circumstances before taking any action in relation to the matters covered. More info...
