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A Dunedin-based energy company accepts responsibility for the under-investment in its infrastructure.

The High Court in Wellington has heard Aurora Energy failed to invest in its poles, cables and transformers between 2016 and 2019.

The Commerce Commission said that resulted in an increased number of power cuts.

Commission lawyer Laura O'Gorman said Aurora failed to improve its ailing infrastructure, following a warning in 2012 for breaching quality standards.

"There were significant weaknesses in asset management processes... there were issues with the availability and unreliability of data used for asset management decision making and there was a lack of alignment between financial and asset management,'' she said.

O'Gorman said the maximum penalty for the breaches was $20 million. 

She said that covered $5m for each year of breaches. 

However, ahead of today's hearing, both parties agreed to a set figure for a penalty, and with a 38 percent discount, the total Aurora could face was just under $5m.

Tim Smith, who represented Aurora in court, said the company accepted it failed to act quickly after being warned in 2012; however, it did attempt to make changes later on.

He said the board and management was refreshed. 

Smith said it also introduced an infrastructure investment programme and reviewed its asset management plan.

"Aurora has refrained from paying a dividend and has drawn on shareholder funding - that is essentially council funding - to finance investment in its network,'' he said.

"It's undertaken a review of its asset management plan to address the failures that the commission has identified.'' 

Justice Mallon reserved her decision.

However, she indicated that the final penalty could be in the order of around $5m.

Comments

""Aurora has refrained from paying a dividend and has drawn on shareholder funding - that is essentially council funding" that is essentially ratepayers funding.
So ratepayers have to pay for this and will still be gouged with increased lines charges, what happened to the lines charges we were paying for the network upkeep?, did the go to pay exorbitant salary's?.

This maybe one of those Dumb questions - Where does final penalty of 5M go to? Surely doesn't just go and sit in a pot of gold some place, get put in one of those big pots of gold where nobody knows where the money came from. or that the company gets to use it to upgrade the system. Surely the rate payers of Dunedin or Otago which ever should get it shared equally amongst them. because they are the ones who will be paying again and again. Like Ebay buying something and the company says we sent it, you never received the item so you have to pay again for the same thing, doesn't happen so should not happen here either.

Riddle me not, it is very clear where the $5M goes. You're quite right, it does indeed go to a BIG pot of Gold, where no one knows where it came from, a magical place, where it vanishes the moment you think it has been found. This wonderous place is at the end of any rainbow. Good luck ever locating it......

The fine will go to the Government.

 

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