Customer terms and conditions

These are our latest customer terms and conditions, version 1.3.

Last updated on Monday 11th December 2023. Effective from Monday 15th January 2024.

View our current customer terms and conditions, valid to Sunday, 14th January 2024.

1. Introduction

1.1 We are Octopus Energy NZ Limited ("Octopus Energy NZ", "we", "us", "our"). These terms and conditions ("Agreement") govern our supply of electricity to your property (a “property” is an address to which we supply electricity, including land and buildings at that address). They will apply to you and our Agreement will commence at the earlier of:

1.2 We may accept or decline your request to become a customer (at our sole discretion). If you are not the consumer at the property you must let us know otherwise we may terminate supply to the property. The online sign-up is not to be used by brokers or agents acting on behalf of a consumer. If you want to sign up a property as an agent or broker for the consumer at a property you must contact us first at help@octopusenergy.nz.

1.3 During the sign-up process, you will need to create an online account and verify your payment method. You must provide us with full and accurate information that is not misleading. We may complete a credit check to assess your creditworthiness. If we conduct a credit check and are not satisfied with your creditworthiness we may, where you have signed up to Octopus Energy NZ and before processing your switch, refuse to supply you with electricity or supply you on the basis that you meet certain conditions at our discretion, if this is the case, we will inform you by email.

1.4 When you consume electricity before signing up to us, you will be deemed to have been a customer from the date you moved into the property that we supply. If we request it, you must provide us with reasonable evidence confirming the date you moved into the property.

1.5 Once this Agreement applies, you must pay for all electricity used at that property (including where usage is estimated) until you give us notice under clause 10.1, we receive a switch request for that property from a new retailer, or a new owner or occupier contacts us to arrange supply for that property.

1.6 You can nominate someone as an authorised person in relation to a property and your account with us. This will allow them to operate your account for that property with us and give us instructions for that property as if they were you, and you are responsible for any of their actions.

1.7 If multiple people are named as a customer on an account, each person is individually responsible for meeting all the responsibilities under this Agreement. This includes paying all charges for all the properties covered by this Agreement. We need consent from every person who wishes to be named as a customer on an account, and they must agree to this Agreement.

1.8 We may change this Agreement. Where possible, we will give you at least 30 days written notice by email of any change to this Agreement. If we need to change this Agreement more quickly (for example, due to an emergency or for compliance with any applicable law or regulation) we will give you as much notice as reasonably practicable. We will act fairly and reasonably when making changes to this Agreement.

1.9 This Agreement will apply to our provision of services to you except to the extent of any inconsistency, ambiguity or conflict between this Agreement and any of our other terms and conditions that apply to any pricing plan, offer or promotion that you have signed up to (in which case, those terms and conditions will prevail).

2. Using your information

2.1 When you sign up to Octopus Energy NZ to become a customer, and throughout our supply of electricity under this Agreement, we will collect, hold, use and disclose personal information about you in accordance with our Privacy Policy and in compliance with the Privacy Act 2020. By agreeing to this Agreement, you agree to our Privacy Policy.

3. Being your electricity retailer

3.1 We will provide:

3.2 We will have arrangements in place:

3.3 Your electricity supply can be interrupted or unsteady. We will have arrangements in place with your distribution company to ensure that the electricity supply to each affected property is restored as soon as practicable in the event of interruption.

3.4  We don’t tolerate sexist, racist or threatening behaviour. We will treat you with respect and we ask you to also respect our people. You must not physically or verbally threaten, abuse, bully or harass our staff or our representatives. If you do, we may require you to only interact with us by email and we reserve the right to terminate your supply for intolerable behaviour. 

How we measure your electricity supply or export

3.5 We can only supply you with electricity if you have a smart meter installed at your property. Without a smart meter, you are not eligible to be our customer and we may terminate this Agreement under clause 10. 

3.6 We will determine the amount of electricity supplied to a property by having the smart meter read (which may be done physically or remotely) or, if the smart meter is not read or we don’t have the meter data, we will estimate the amount of electricity supplied to that property. If we have estimated the amount of electricity supplied, you can ask us for, and we will give you, a simple explanation as to how we have calculated the estimated supply.

3.7 If you have any “unmetered” supply, we will calculate the amount of electricity supplied, based on information supplied by your distribution company.

3.8 We need to have the meters read at a property on a regular basis. Usually, your smart meter is read remotely on a daily basis. If your smart meter isn’t communicating properly we may have your meter read in person. If necessary, you must allow us, the meter owner, or our agent safe access to your property and to the metering equipment to allow your meter to be read. If your smart meter is not communicating, and we can not resolve this we may terminate your supply and you will need to switch to another retailer. 

3.9 You must tell us if you do not think a meter is accurate. If we have your meter tested and find it is not within the industry standards of accuracy, we will work out what your actual electricity usage should have been, and we will bill or credit your account with us. If you ask us to test a meter, and it is found to be accurate, you may be charged the cost of testing that meter.

3.10 All meter readings, metering and meter tests and processes will be conducted in accordance with relevant industry protocols and codes of practice in New Zealand.

4. Pricing and charges

4.1 You can choose your pricing plan when you sign-up with Octopus Energy NZ, at plan renewal or if you move property. Our current rates and charges are available on our website.  Your rates are based on your network and metering configuration. If you request a change in metering or network configuration (this is often required when solar or batteries are installed) your pricing plan may change. You may change plan type once per year unless we agree to it.

4.2 We will charge you, and you must pay, for electricity supplied to your property:

4.3  If you do not choose a plan, you will be charged our standard Octopus pricing rates that are applicable to your property as set out on our website.

4.4 You will also be liable for, and we may also charge you:

4.5 Our pricing plan options include a "Low User Plan" option. You will only be eligible for a Low User Plan if the property we supply on that plan is used for domestic purposes and is your principal place of residence. You are not eligible for a Low User Plan if your property is the subject of an exemption under the Electricity (Low Fixed Charge Tariff Option for Domestic Consumers) Regulations 2004. If we request verification of the property as your primary place of residence you must provide information or evidence to us that reasonably demonstrates that this is your principal place of residence. If you are unable to satisfy us that the property is your principal place of residence, then you will not be eligible for a Low User Plan, and we may change you onto the appropriate plan and may charge you the difference between what you have paid to date and what you should have paid if you were on the appropriate plan.If you have multiple accounts or properties with us, you may only have a low user plan on your primary residence. You cannot have multiple primary places of residence. 

Account billing and payment

4.6 In order to be an eligible customer you must have a direct debit or credit card authorised on your account that enables automatic processing of payments for our invoices. Where you owe us money under this Agreement you authorise us to pay such amounts on your behalf using your debit card, credit card or direct debit linked to your account.

4.7 We will invoice you monthly based on electricity supplied to the property during the relevant monthly billing period. Your monthly billing period generally begins on the date you became our customer (your sign up date or move in date) and then repeats accordingly. For example, if you join us on 7 October, your monthly billing period would generally run from the 7th of each month to the 6th of the following month. Your monthly billing period will be set out on your invoice. You can change this date by calling us on 0800 947 867. If you’d like to make an alternative payment plan please contact us and we will discuss options with you.

4.8 Following the end of each monthly billing period, we will send you an invoice (normally within five business days) and attempt to take payment for that invoice shortly after the invoice date (normally within five business days) using your preferred payment method set up on your account. If you need to make a change to this call us on 0800 947 867.

4.9 If you dispute any amount payable under an invoice, please let us know as soon as you can, giving full reasons for the dispute and identifying the disputed amount. We will investigate your dispute as quickly as possible and keep you updated.

4.10 If a payment from the bank account you have authorised us to deduct money from or the debit or credit card you have authorised us to charge is dishonoured (and you do not otherwise pay us for any amount due under this Agreement through your online account by the due date on the invoice) we may:

4.11 Unless we have agreed to a special payment plan with you, you must:

4.12 If we incorrectly estimate or calculate the electricity supplied to a property (including due to a fault with the meter, meter communication, lack of meter access or our error):

4.13 We will have available in your online account a statement detailing transactions and any other fees and charges together with invoices for them.

4.14 We may require you to always maintain an account balance with a certain credit balance. If the balance falls below the required amount we can disconnect the electricity supply to any property supplied under this Agreement and you may incur fees for disconnection and debt collection. If we require you to comply with this clause, you must do so.

4.15 If you have a credit balance with Octopus Energy NZ, that credit may only be used to pay for electricity. We will only refund credit balances into your bank account in exceptional circumstances.

5. Solar Power, Feed-in and Purchase

5.1 With our written consent we may purchase from you electricity that you have exported to the grid at your property in accordance with this clause 5 provided that at all times:

5.2 You acknowledge and agree that we may, where appropriate, record and report the amount of electricity we purchase from you to the market including the Registry maintained by the Electricity Authority, reconciliation manager and relevant distribution companies.

5.3 Subject to clause 5.1, we will purchase electricity supplied by you at the rates per kWh plus GST (if any) that are applicable to your pricing plan by way of credit on your account. No interest will be payable by us on any credit amounts. Any generation credit will only be paid to you after all charges for usage and any other fees on any account or property supplied by us are paid in full. Credit can be paid to your bank account, on request, a maximum of once per year.

5.4 Where we cannot determine the quantity of electricity purchased by us due to a failure or inaccuracy in the smart meter outside of your control, or you dispute the accuracy of our reading, we may make a reasonable estimate of the quantity of electricity supplied based on your historic data available for your generation and consumption for the relevant period. Such estimates will be conclusive and final in the absence of any manifest error.

6. Access to your property

6.1 During the period we supply your property and for a 6 month period after we cease supplying your property, we and others need clear and safe access to:

6.2 You must provide that safe, unobstructed and clear access to us, the distribution company and meter owner (and any agent or subcontractor of any of us) to:

6.3 Except in an emergency or where access is routine (for example, reading or inspecting a meter on the outside of a building), where access is required by us or a third party, we will generally give you 10 business days written notice of when and why access to a property is required. However, if we receive less notice than this from a third party who is not under our control and has the right to access your property (for example, a distribution company) then we will give you as much notice as practicable after we have received notice.

6.4 When we, our employees and agents access your property we will:

6.5 If you do not provide clear and safe access and:

7. Equipment on your property

7.1 You; your agents and your invitees; other people in your household and their agents; and invitees must:

7.2 You must make sure that your agents and invitees, other people in your household and their agents and invitees, comply with your obligations under this Agreement, and in particular this clause 7.

7.3 You must notify us or the relevant distribution company immediately if there is any damage to or fault with meters or equipment.

7.4 You; your agents and invitees; other people in your household and their agents; and invitees must not:

7.5 You acknowledge that meters, meter reading equipment, and other equipment that we, a distribution or metering company own, remains the sole property of the relevant company and does not belong to you but to the party responsible for supplying it (including that you have no right of property interest in or to any part of the network). You must never:

7.6 You have obligations under the Electricity (Hazards from Trees) Regulations 2003 to, for example, keep trees free from power lines. If you do not do this you may be charged for the cost of clearing the trees, vegetation or obstacles.

7.7 If you do not meet your obligations in this clause 7:

7.8 If the equipment is changed at your property (for example because you request a capacity upgrade) we may no longer be able to supply you. If we notify you that we are no longer able to supply you will need to switch to another retailer. 

8. Outages and supply issues

8.1 If you suspect there is a fault you must call the relevant faults number shown on your account to report it.

8.2 You must always treat all electrical lines or wires as LIVE! and potentially deadly. You are responsible for your personal safety.

8.3 Your supply will not be perfectly continuous so we recommend you take steps to protect yourself and your equipment against surges or spikes. You acknowledge that surges or spikes:

8.4 It is your responsibility to take actions to mitigate the risk and cost of damage from any supply issues, this includes:

8.5 It is your responsibility to tell us if:

8.6 If a distribution company plans to interrupt your electricity supply for maintenance, we will give you at least 4 business days’ notice (unless the distribution company gives less notice, or the interruption is urgent and not reasonably foreseeable, in which case we will give you as much notice as possible).

8.7 If someone in your household depends on electricity for critical medical support, you must ensure you have arrangements in place in case of an interruption to your supply of electricity.

9. Distribution companies, Lines and Load Control

9.1 You must comply with any contract you have directly with a distribution company. If you do not have a contract directly with a distribution company, we have arrangements with the relevant distribution company, but you are required to comply with the obligations in this clause 9.

9.2 You undertake to also comply with all relevant legal requirements and the distribution company’s network connection standards that apply to a property; these include safety and technical requirements and using a qualified person to do any work. You can obtain a copy of each of these from the relevant distribution company. Your invoices will identify who the relevant distribution company is; alternatively, you can contact us to find out.

9.3 You must follow any instructions given to you by a distribution company to make sure its electricity lines or equipment on your premises is safe.

9.4 Part of your electricity supply may be on load control devices. If a property does have load control devices, we or the distribution company may control their operation as we or others choose. You may not offer the operation of the load control devices on your property, or which are part of your electricity supply, to any third party.

9.5 If we receive compensation from a distribution company or another third party for losses that result from an interruption to electricity supply, we will comply with our legal obligations and pass on an appropriate proportion of that to you (which may be an account credit, for example), and if you ask us to, we will give you an explanation as to how that amount was determined.

10. Disconnection and termination

10.1 You are responsible for payment for all electricity supplied to your property up until:

10.2 You may switch to another electricity retailer or terminate this Agreement at any time by giving us notice by email or over the phone. You will be liable for all electricity supplied to your properties up to the termination date and any other charges you owe us. You will need to contact a new retailer to arrange for the future supply of electricity to a property if you need it.

10.3 You must tell us through your online account, by email or by phone if you:

10.4 If you switch to another retailer, we will switch you to that other retailer in accordance with industry standards and relevant laws and facilitate the switch.

10.5 If you no longer need electricity supplied to a property at all, we will stop your electricity supply as soon as reasonably practicable after you notify us of that (while making sure disconnection occurs safely).

10.6 We or a distribution company may disconnect or disrupt your electricity supply to any property supplied under this Agreement if:

10.7 In the case of disconnections under clause 10.6(a)–(g) inclusive above:

10.8 In the case of disconnections under clause 10.6(h)-(k) inclusive, we or the distribution company can disconnect without notice.

10.9 Where the disconnection is due to your act or omission you may incur a charge for disconnection or reconnection.

10.10 If you are a residential customer and if you tell us that you or someone at a property is dependent on electricity supply for critical medical support and provide sufficient proof of that when we ask, we will not disconnect the electricity supply to that property for non-payment. We may however disconnect the property if there is an immediate safety risk.

10.11 If we disconnect you (including because you have not paid us) and you satisfy our reasonable requirements for reconnection, we will restore your electricity supply as soon as is reasonably practicable.

10.12 We may transfer all or any part of our rights and responsibilities under this Agreement to another electricity retailer. Where we transfer our rights and responsibilities under this Agreement, we will give you at least 30 days' notice that the Agreement is being transferred to another retailer, where you can access the information you need to contact the new retailer and when the transfer will take place. We may also sub­contract or delegate our responsibilities under this Agreement to other people or companies – however, when we do this, we will remain responsible to you under this Agreement for those rights and responsibilities.

10.13 If we commit a relevant event of default as defined under the Electricity Industry Participation Code 2010 the Electricity Authority can require us to provide information about you and can:

10.14 This Agreement continues if your electricity supply is disconnected. This Agreement will automatically terminate if you switch to another retailer or your connection to a property is decommissioned.

11. Liability and the Consumer Guarantees Act

11.1 Unless clause 11.2 applies to you, the Consumer Guarantees Act and Fair Trading Act 1986 applies to this Agreement and this Agreement does not affect your rights under those Acts. We will supply electricity to the standards required under those Acts.

11.2 If you are in business and receiving electricity and services from us for use in that business or for business transactions, you agree that the Consumer Guarantees Act 1993 and sections 9, 12A and 13 of the Fair Trading Act 1986 will not apply to the services we provide to you. We will only apply this clause to you if it is fair and reasonable that we do so.

11.3 If we directly damage a property as a result of our negligence or breach of this Agreement we will pay the costs of repairing the damage or replacing damaged property (at our discretion) up to a maximum of $10,000 for any single event or series of closely related events. All other liability we may have to you under this Agreement (including liability for indirect or consequential loss or loss of profits or business) is excluded as much as the law allows (and except to the extent we are liable to you under the Consumer Guarantees Act 1993 or the Fair Trading Act 1986).

11.4 We are not required to carry out our responsibilities under this Agreement in circumstances where an event has occurred which is beyond our reasonable control and which prevents or delays us from carrying out those responsibilities. Some examples of some events that are likely to be beyond our reasonable control are that:

11.5 Generally, each distribution company has excluded or limited its liability to you and to us. Unless the Agreement we have with a distribution company provides otherwise, all liability any distribution company may have to you, whether under this Agreement, tort or otherwise, is excluded, as much as the law allows. We have no liability to you in respect of any defaults by the distribution company or any other third party (subject to your rights under the Consumer Guarantees Act 1993) except to the extent we are obligated to pass on compensation received from the distribution company to you. Please let us know if you believe the distribution company has caused you loss or damage as we may be able to help avoid further loss or assist you with contacting the distribution company.

11.6 If you damage distribution company equipment or distribution, you may be liable for any damage you cause. If a distribution company suffers direct loss or damage which is caused or contributed to by your fraud, dishonesty, wilful breach of this Agreement or wilful misconduct, you will be liable to make good that loss or damage and indemnify the distribution company accordingly.

11.7 If you damage any of our property or equipment, or any meters or associated equipment, we may require you to pay the cost of repair or replacement of them up to a maximum of $10,000 for any single event or series of closely related events. This limit does not apply to your obligation to pay for electricity.

11.8 The exclusion or limitation of liability and benefits in this clause 11 are enforceable against you by each distribution company under subpart 1 of Part 2 of the Contract and Commercial Law Act 2017.

12. Embedded Networks

12.1 If your fittings or other equipment on your property used in connection with the use of electricity are connected to an embedded network, whether at the time you ask us to supply electricity or if at any time subsequently your property becomes part of an embedded network, additional terms apply to you which are set out in this clause 12. Embedded networks commonly exist in airports, apartments, some subdivisions and commercial buildings and malls. If you are not sure whether the fittings or equipment on your property are connected to an embedded network please contact us.

12.2 You acknowledge and agree that the embedded network owner, and not the distribution company, is responsible for the conveyance of electricity to your property and that, to the fullest extent permitted by law, the distribution company and the owner of the embedded network shall have no liability to you of any kind relating to the embedded network, whether under this Agreement, tort or otherwise.

12.3 If you wish to on­-sell electricity from your property to another end user, you must have our prior written approval and an Agreement with any such end ­user that mirrors, or has the same effect as this Agreement, including clauses 11.1, 11.2, 11.8 and this clause 12.

13. Miscellaneous

13.1 You must not transfer any of your rights and obligations under this Agreement to any other person without our written permission.

13.2 We can send notices to you using the email address you have provided us. Notices are deemed received immediately upon sending unless the sender receives a non-receipt notification from a relevant server or email provider. You must always make sure we have your current email address. However, a notice of disconnection will always be sent to the physical address you have provided to us as well as by email.

13.3 You must always comply with laws, regulations and codes that are applicable to the supply of electricity to a property. We must always supply electricity in a way that is consistent with our legal obligations relating to electricity supply and with all relevant industry protocols and codes of practice in New Zealand.

13.4 If for any reason we think a receiver, liquidator, administrator or other similar officer is likely to be appointed in respect of our business, we will take all reasonable steps to ensure you continue to receive electricity supply to your properties.

13.5 The provisions of this Agreement that confer rights or benefits onto a distribution company including to allow a distribution company to interrupt electricity supply, oblige you to give access to and look after distribution company equipment and lines, cooperate with each distribution company and limit liability of each distribution company and where applicable, any embedded network owner are intended for the benefit of and are enforceable against you by each distribution company and applicable embedded network owner under subpart 1 of Part 2 of the Contract and Commercial Law Act 2017.

13.6 Clause 10.12 (that allows us to transfer our rights and obligations under this Agreement to another retailer) and clause 10.13 (that allows the Electricity Authority to transfer your contract to another retailer and amend your contract) are intended for the benefit of, and are enforceable against you by, the Electricity Authority under subpart 1 of Part 2 of the Contract and Commercial Law Act 2017. We won't amend clauses 10.12 and 10.13 without the consent of the Electricity Authority.

13.7 Any clauses that are intended to have effect after termination continue to have effect. This includes clauses 2, 4 and 6 to 13 inclusive..

13.8 References to:

14. Complaints and contact details

14.1 If you have a complaint against us, you should tell us as soon as possible. Please contact our complaints team in the first instance email: help@octopusenergy.co.nz or phone 0800 947 867. Our complaints process is free. Details of our customer complaints process are on our website https://octopusenergy.nz/legal/complaints.

14.2 Once we have received your complaint, we will reply to you within two business days to confirm we have received it. We’ll also decide whether we think your complaint is related to lines services, or our service. If we think your complaint is related to lines services, we’ll refer your complaint to your lines company within two business days of receiving it and tell you we have done this (as well as who will be the contact person at the lines company for resolving your complaint). The lines company will then be responsible for managing and resolving your complaint, but we will continue to monitor and facilitate the resolution of your complaint by the lines company.

14.3 If we think your complaint is related to our service then we’ll contact you directly to work through the issue with you and continue to update you via email. We’ll monitor your complaint progress regularly to ensure we resolve it with you as soon as possible. We aim to resolve all complaints within 20 business days.

14.4 If it takes us longer than 20 business days to resolve your problem, then we’ll contact you to let you know and to give you further options.

14.5 If you’re not satisfied: