Section 275 — Companies Act 1993: Refusal to supply essential services prohibited
Text of the provision Official document
275 Refusal to supply essential services prohibited (1) For the purposes of this section, an essential service means— (a) The retail supply of gas: (b) The retail supply of electricity: (c) The supply of water: (d) Telecommunications services. (2) For the purposes of this section, telecommunications services means the conveyance from one device to another by a line, radio frequency, or other medium, of a sign, signal, impulse, writing, image, sound, instruction, information, or intelligence of any nature, whether or not for the information of a person using the device. (3) Notwithstanding the provisions of any other Act or any contract, a supplier of an essential service must not— (a) Refuse to supply the service to a liquidator, or to a company in liquidation, by reason of the company's default in paying charges due for the service in relation to a period before the commencement of the liquidation; or (b) Make it a condition of the supply of the service to a liquidator, or to a company in liquidation, that payment be made of outstanding charges due for the service in relation to a period before the commencement of the liquidation; or (c) Make it a condition of the supply of the service to a company in liquidation that the liquidator personally guarantees payment of the charges that would be incurred for the supply of the service. (4) The charges incurred by a liquidator for the supply of an essential service are an expense incurred by the liquidator for the purposes of clause 1(1)(a) of Schedule 7 to this Act. Section 275(4): amended, on 1 November 2007, by section 37 of the Companies Amendment Act 2006 (2006 No 56).
Official source: legislation.govt.nz
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