To: Top Energy Ltd PO Box 43 Kerikeri 0245 New Zealand Ph: +64 9 401 5440 Fax: +64

9 407 0611 CC: Top Energy Consumers Trust Fax: +64 9 407 0611 RE: Official complaints

From: Simon Kaiwai Address relating to: 520 Honeymoon Valley Kaitaia Contact via email: simon@kiwicando.com Date sent: Thurs 22nd March 2012

A phone based complaint and request for investigation was made to the company secretary of Top Energy Consumers Trust whom has refused to investigate. Other attempts to communicate with Top Energy have been met with referrals to Contact Energy. As Top Energy performed the works and charged for them I believe it is valid for the complaint to be made to Top Energy directly. This is now a formal complaint for which I hope we can come to a settlement within 20 working days. Complaint 1: Top Energy performed and charged for an un-notified disconnection and related reconnection On 24 Nov 2009 a current electricity account with Contact Energy (account number 2600382610i) was disconnected without notice by Top Energy with the claim that Top Energy was owed money. Top Energy is a lines company and is usually paid by the retail electricity company not the end user. At the time of disconnection (24 Nov 2009) there were no overdue bills either to a retail electricity company or the lines company (Top Energy). Subsequent to the disconnection Top Energy demanded $675.37 for services related to the un-notified disconnection directly from the retail account holder prior to reconnecting. The fee to reinstate and reconnect was paid to Top Energy on 8th Jan 2010 (invoice S-IN029089).This was indirectly paid by the Kaiwais at the account holders insistence that these costs were our liability to pay. It appears that Top Energy breached the legislation under which it operates to disconnect with prejudice also generating revenues in circumstances that could have caused loss of life and did result in medical injury, significant emotional and economic harm to the occupant/s. There was no notice of disconnection either written or oral prior to the visit 24th Nov as required Electricity Act 1992 s 23B post establishment of the account. Neither was the visit was not necessary for the purpose of inspecting, maintaining, or operating the works. Contact Energy has denied making the disconnection request claiming that Top Energy were owed moneyii. Complaint 2: Blacklisted supply based on false information After the un-notified disconnection of 24 Nov 2009 Contact Energy and Top Energy required Simon Kaiwai and his family not be an occupant at the address before it was reconnected. This condition prompted the landlord to break the lease agreement and make our family homeless in the middle of peak season. It also left a family with a new born child without electricity in a rural situation. Complaint by Simon Kaiwai to Top Energy Page 1

We paid for emergency accommodation and had to acquire a caravan to be able to stay in the area as we were required by the subsequent court case. Complaint 3: Defamation and charging for disconnections before they have occurred It also appears that Mike Travis in his capacity as a Top Energy employee, has made allegations that he was chased off with a stick on Oct 16th 2009 by Simon Kaiwai and that this false accusation has been used to justify Police enforcement and prejudice in supply of electricity across retailers. Top Energy should be aware that Mike Travis was trespassed because Trustpower had refused payment of the account on the phone call to them at 1:28pm Oct 15th 2009. During this call Trustpower claimed that the account was physically disconnected. In response to this false claim Simon Kaiwai informed them that the Top Energy worker would be trespassed to evidence that the account was still connected, that the charges for physical disconnection were false and that payment should be accepted. After Mike Travis was trespassed Trustpower admitted that the disconnection had not occurred and reversed their disconnection charges validating the no trespass action. Related issues and questions: Please provide evidence that charging for a physical disconnection fee prior to actual disconnection is legal and Top Energys policy on this issue. Please state whether Top Energy agrees with the retail practice of refusing to accept payment for an account based on a false claim that it is disconnected. Please state whether a disconnection request from a retailer prior to providing an authenticated bill (when requested) is acceptable practice. Please provide evidence by way of a sworn statement from Mike Travis of whether / how he was physically threatened by Simon Kaiwai or some other person at 520 Honeymoon Valley. This has been asserted by Top Energy employees and is defamatory. Please provide evidence that any other person was physically threatened at 520 Honeymoon Valley relating to electricity supply prior to 24th November 2009 disconnection. This has been asserted by Top Energy employees and is defamatory. Please provide a statement from the companys regarding the continued prosecution of Simon Kaiwai for assault when Top Energy employee Terry Price is on record confirming that the Police force and action was undue. FYI Constable David Reynolds is on record admitting to assaulting Simon Kaiwai.

Complaint by Simon Kaiwai to Top Energy

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Please provide evidence of legal authority of Top Energy to disconnect without notification by either itself or the electricity retailer as at 24 November 2009. Please provide evidence of legal authority by an electricity retailer or lines company to refuse to reconnect a confirmed account based on who lives at the address. With regards,

By: Simon-Eru of the family Kaiwai Respond via email on company letterhead to: simon@kiwicando.com I am also available for phone calls by appointment.
i th

Telephoned account confirmation made with Contact Energy sometime between 8am-10.30am 20 November 2009. ii Denial of disconnection by Contact Energy http://www.scribd.com/doc/86401883/7-Jan-2010-Contact-Energydeny-disconnection-despite-retaining-the-property

Complaint by Simon Kaiwai to Top Energy

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