Electricity Act 1992

  • This version was reprinted on 12 May 2016 to make corrections to section 159(1)(d) under section 25(1)(j)(ii) of the Legislation Act 2012.

Reprint as at 4 April 2016

Coat of Arms of New Zealand

Electricity Act 1992

Public Act
 
1992 No 122
Date of assent
 
17 December 1992
Commencement
 
see section 1
Note

Changes authorised by subpart 2 of Part 2 of the Legislation Act 2012 have been made in this official reprint.

Note 4 at the end of this reprint provides a list of the amendments incorporated.

This Act is administered by the Ministry of Business, Innovation, and Employment.

Contents

Title [Repealed]
1Short Title and commencement
1APurposes
2Interpretation
3Act to bind the Crown
4Declaration of electricity distributors as electricity operators
4ADeclaration of electricity generators as electricity operators
5Functions of WorkSafe
5AFunctions of Secretary
5BWorkSafe and Secretary must share information
6Inspection of works, etc
7Report to be compiled on inspection
8Special powers of WorkSafe
9Objections to WorkSafe’s requirements
10Effect of notice or requirement pending hearing
11Procedure on hearing of objection
12Appeal on question of law
13WorkSafe may require immediate compliance
14Appeal against decision on application for injunction
15Assessors
16Notification of accidents
16ATransfer of accident information
17Interference with scene of accident
18Inquiries into accidents
19Assistance to WorkSafe
20Obstructing WorkSafe
21Privilege against self-incrimination
22Protection of existing works
22AOwners of land not responsible for maintenance
23Rights of entry in respect of existing works
23ALine owner must give written notice of intention to maintain or complete existing works
23BLine owner must give notice of intention to inspect or operate existing works
23CNotice in emergencies
23DLand owner may set reasonable conditions on line owner’s entry
23EAgreements preserved
23FDisputes about land access
24Construction or maintenance of works on roads
24ACriteria for setting reasonable conditions
25Notice to be given before work undertaken
26Offence
27Appeals in relation to conditions imposed
28Determination of appeals
29Appeal on question of law
30Charging for access to road reserve
31Rights of entry in respect of level crossings
32Local authority, etc, may require works to be moved
33Cost of work required under section 32
34Government Roading Powers Act 1989 not to apply
35Owners and occupiers of private land may move works
36Issue of electrical code of practice
37Code may incorporate official standards by reference
38Code to be approved by Minister
39Availability of codes
40Emergency amendment of code
41Citation of code
42Proof of code
43Codes promulgated under Electricity Act 1968
43ADifferent Ministries responsible for different codes [Repealed]
[Repealed]
44Rural Electrical Reticulation Council [Repealed]
45Functions of Council [Repealed]
46Council to comply with government policies [Repealed]
47Further provisions applying to Council [Repealed]
48Levies [Repealed]
49Interest on levies [Repealed]
50Application of levies [Repealed]
51Transitional provision relating to subsidies [Repealed]
52Transitional provision relating to membership of Council [Repealed]
53Council to wind up operations before dissolution [Repealed]
54Dissolution of Council [Repealed]
55Expiration of provisions relating to Council [Repealed]
56Consequential amendment to Official Information Act 1982 [Repealed]
57Compensation for damage
58Compensation for trees and vegetation removed
59Returns relating to construction of works, etc
60Standards for electricity supply
61Safety requirements
61AElectricity generators and electricity distributors must have safety management systems
62Continuance of supply [Repealed]
[Repealed]
62APurpose of this Part [Repealed]
62BExpiry of this Part [Repealed]
62CInterpretation [Repealed]
62DRestriction on connection and operation of specified generation plant [Repealed]
62EAdditional penalty for breach involving commercial gain [Repealed]
62FMinister of Energy may grant exemption [Repealed]
62GMinister of Energy may only grant exemption if satisfied of certain matters [Repealed]
62HGrounds and terms and conditions of exemption [Repealed]
62IPublic consultation on recommendations [Repealed]
62JPublication of exemption and reasons [Repealed]
62KRevocation of exemption [Repealed]
62LCommission may grant temporary emergency exemption [Repealed]
62MCommission must monitor compliance [Repealed]
62NCommission may use information collected or provided under regulations or rules [Repealed]
62ORegulations for purposes of this Part [Repealed]
[Repealed]
63Regulations relating to price of electricity [Repealed]
64Definition of domestic premises [Repealed]
65Offences [Repealed]
66Other Acts relating to price control not affected [Repealed]
67Expiry of this Part [Repealed]
[Repealed]
68Definition of consumer for purposes of this Part [Repealed]
69Licence to supply electricity [Repealed]
70Offence [Repealed]
71Supply of electricity to consumers outside supply area [Repealed]
72Duty to supply [Repealed]
73Expiry of this Part [Repealed]
74Restrictions on doing or assisting with prescribed electrical work
75Board may exempt person or class of persons from section 74
76Exemption for work done under supervision
77Exemption for trainees
78Board may issue limited certificate for purposes of section 77
79Exemption for domestic electrical wiring work
80Exemption for maintenance of domestic appliances
81Board may cancel application of exemption to any person
82Testing, certification, and inspection
83Power of entry
84Classes of registration may be designated by Board
85Board may prescribe other registration and licensing matters
86Minimum standards for registration
87Principles guiding prescribing of registration and licensing matters
88Board must consult before publishing notices
89Notices published under sections 84 and 85 must be approved by Minister
90Other provisions relating to notices under sections 84 and 85
91Entitlement to registration
92Applications for registration
93Board may issue provisional licence pending consideration of application
94Duration of provisional licence
95Board to consider application
96Board to register applicant or decline application
97Registration subject to terms and conditions
98Practising licence required
99Entitlement to practising licence
100Applications for practising licence
101Board to consider application
102Board to issue practising licence or decline application
103Practising licence subject to terms and conditions
104Duration of practising licence
105Applications for renewal of practising licence
106Renewal of practising licence
107Board may grant exemptions from registration and practising licence requirements and conditions
108Competence programmes
109Unsatisfactory results of competence programme
110Cancellation and suspension generally
111Effect of suspension
112Board may cancel registration or licence if obtained wrongfully
113Cancellation or suspension of overseas qualification, certificate, registration, or licence
114Board may delegate power to Plumbers, Gasfitters, and Drainlayers Board to act under this subpart
115Employer licence
116Requirements treated as satisfied if person obtains certification from approved person
117Prescribed electrical work may be done under employer licence
118Duration of employer licence
119Renewal of employer licence
120Cancellation, suspension, and other actions in relation to employer licences
121Board must give employer licence holder reasonable opportunity to be heard
122Miscellaneous provisions concerning actions under section 120
123Powers of inspection
124Register of electrical workers
125Registrar must enter matters in register
126Purpose of register
127Form of register
128Matters to be contained in register
129Historical registration and licence information and documentation to be included in register
130Duty to notify change of address
131Duty to notify change of name
132Revision of register
133Restoration of registration or licence
134Board may direct Registrar to record cancellation, suspension, or order
135Alterations to register
136Register to be public
137Restricting public access to information and documents on register
138Search of register
139Search criteria
140Search purposes
141When search constitutes interference with privacy of individual
142Persons to whom this Part applies
143Disciplinary offence
144Complaints
145Secretary must appoint investigator
146Investigation of complaint
147Investigator’s powers
147ASecretary must supply warrant of authority
147BDuties of investigator supplied with warrant of authority
147CRestriction on entry to dwellinghouse
147DInvestigator must give notice to occupier of dwellinghouse
147ENotices to supply information or documents
147FOffence to fail to comply with notice to supply information or document
147GBoard must hold hearing if investigator reports that complaint should be considered by Board
147HNotice of disciplinary proceedings
147IInterim suspension or disqualification
147JForm of interim suspension or disqualification order
147KRevocation of interim suspension or disqualification
147LBoard must take reasonable steps to hold hearing as soon as practicable if it makes interim suspension or disqualification order
147MDisciplinary powers of Board
147NCosts and expenses
147OEnforcement of fines, costs, and expenses
147PSuspension, restriction, or disqualification may take effect immediately
147QEffect of disqualification
147RConsequences of failure to comply with order to pass examination, complete competence programme, or attend course of instruction
147SRight to appear and be heard
147TInvestigator to prosecute matter
147UAppointment of legal advisor to assist Board
147VAppointment of persons to assist investigator
147WEvidence
147XBoard to have powers of commission of inquiry
147YOrders to be in writing
147ZPublication of orders
147ZAAppeals
147ZBTime for lodging appeal
147ZCProcedure on appeal
147ZDCourt may refer appeals back for reconsideration
147ZECosts
147ZFPower of court to prohibit publication of person’s name or affairs
147ZGDecision to continue in force pending appeal
147ZHAppeal on question of law
148Electrical Workers Registration Board
149Functions of Board
150Membership
151Registrar
152Delegation of functions and powers
153Meetings to be held in public
[Repealed]
154Complaints Assessment Committees [Repealed]
155Secretary to maintain list [Repealed]
156Rules of natural justice to be observed
156APower to amend or revoke
156BNotice and service of documents by Board, member, Registrar, or investigator
157Further provisions applying to Board
158Review of operation of Act
[Repealed]
158ACommunity and customer trusts to prepare audited financial statements [Repealed]
158BPublication of audited financial statements [Repealed]
158CAuditor of trusts [Repealed]
158DProcedures for annual meeting to appoint auditor [Repealed]
158EAuditor-General to be auditor if no other auditor appointed [Repealed]
158FApplication of sections 158A to 158E [Repealed]
[Repealed]
158GComplaints resolution system [Repealed]
159Conditions relating to power to enter land or premises
160False declarations and representations
161Unlicensed or unregistered person must not claim to be licensed or registered
162Offence to engage in prescribed electrical work in breach of section 74
163Offence to employ person to engage in prescribed electrical work in breach of section 74
163AOffence to fail to comply with condition of employer licence
163BOffence to breach requirement to have safety management system
163COffences for actions or omissions likely to cause serious harm or significant property damage
163DOther offences
164Directors and officers of bodies corporate
165Time for filing charging document
165AInfringement offences
165BInfringement notices
165CProcedural requirements for infringement notices
165DPayment of infringement fee
165EEffect of infringement notice
166Payment of fees
167Certificate by Registrar to be evidence of various matters
168Notices in relation to Maori land
169Regulations
169ARegulations that prescribe requirements for safety management systems
169BMiscellaneous provisions relating to regulations that prescribe requirements for safety management systems
169CLegal effect of safe work instruments
[Repealed]
170Regulations relating to information disclosure [Repealed]
[Repealed]
170ARegulations relating to ability of consumers to choose preferred electricity retailer [Repealed]
171Information to be supplied to Secretary [Repealed]
171AReasonable charge may be imposed for providing copies of statements [Repealed]
172Offences [Repealed]
[Repealed]
172AOutline of subpart [Repealed]
[Repealed]
172BLow fixed charge tariff option for domestic consumers [Repealed]
[Repealed]
172CRegulations for code on access for beneficiaries of customer and community trusts [Repealed]
[Repealed]
172CAReserve energy [Repealed]
[Repealed]
172DElectricity governance regulations [Repealed]
172EConditions and process for recommendations on electricity governance regulations [Repealed]
172FAssessment of proposed electricity governance regulations [Repealed]
172GProcess for recommendations on other electricity governance regulations [Repealed]
172HElectricity governance rules [Repealed]
172IMethod of making electricity governance rules [Repealed]
[Repealed]
172JSupplementary empowering provision for regulations and rules [Repealed]
172KSupplementary empowering provision for regulations [Repealed]
[Repealed]
172KATransmission agreements [Repealed]
172KBParty must co-operate with investigations [Repealed]
172KCPrivileges protected [Repealed]
172KDLimits on investigation powers [Repealed]
172KERulings Panel may make certain orders [Repealed]
172KFRestriction of remedies [Repealed]
172KGLimit on tort claims against service providers [Repealed]
[Repealed]
172KHAppeals on ground of lack of jurisdiction [Repealed]
172KIJudicial review not precluded [Repealed]
172KJAppeals on question of law in relation to decisions by Commission or Rulings Panel [Repealed]
172KKRight of appeal against suspension or termination orders [Repealed]
172KLPersons entitled to appeal [Repealed]
172KMDetermination of appeals [Repealed]
172KNHigh Court may refer appeals back to Commission or Rulings Panel for reconsideration [Repealed]
172KOProvisions pending determination of appeal [Repealed]
172KPHigh Court may order proceedings be heard in private [Repealed]
172KQAppeal to Court of Appeal in certain cases [Repealed]
[Repealed]
[Repealed]
172LPurpose [Repealed]
[Repealed]
172MContinuation of Commission [Repealed]
172NPrincipal objectives and specific outcomes [Repealed]
172OFunctions of Commission [Repealed]
172PBody corporate status and powers [Repealed]
172QRole of board of the Commission [Repealed]
172RMembership of the Commission’s board [Repealed]
[Repealed]
172SDuties of members [Repealed]
172TCollective duties of the Commission’s board [Repealed]
172UMembers accountable to Minister [Repealed]
172VNotice of special meetings of Commission’s board [Repealed]
[Repealed]
172WEGB to make recommendations concerning electricity governance regulations and rules [Repealed]
172XObjectives of recommendations [Repealed]
172YObligation to consult [Repealed]
172ZMinister must have regard to recommendations [Repealed]
[Repealed]
172ZAPower to direct EGB [Repealed]
172ZBProcedure for giving direction [Repealed]
[Repealed]
172ZCLevy of industry participants [Repealed]
172ZCACommission must consult about request for appropriation [Repealed]
[Repealed]
172ZDAccountability of the Commission [Repealed]
172ZERegulations [Repealed]
172ZFThe Commission is public authority [Repealed]
172ZGAmendment to Ombudsmen Act 1975 [Repealed]
172ZHAmendment to Public Finance Act 1989 [Repealed]
[Repealed]
172ZIApplication of subpart [Repealed]
172ZJInterpretation [Repealed]
172ZKSetting of GPS objectives and outcomes [Repealed]
172ZLAnnual performance standards [Repealed]
172ZMAdditional information to be included in annual report [Repealed]
172ZNMinister must present annual performance report to House of Representatives [Repealed]
172ZOAssurance audit by Auditor-General [Repealed]
172ZPReport by Parliamentary Commissioner for Environment [Repealed]
172ZQFunctions under this subpart [Repealed]
[Repealed]
172ZRSpecific authorisation for purposes of restrictive trade practices rules [Repealed]
173Repeals, revocations, and consequential amendments
174Regulations deemed to have been made under this Act
175Savings
176Application of Clutha Development (Clyde Dam) Empowering Act 1982 [Repealed]
177Middle line Proclamation relating to Hairini-Mount Maunganui transmission line [Repealed]
178Rights of entry for energy companies
179Certificate of compliance where prescribed electrical work covered by building consent
180Transitional provision relating to electricity agreements
181Electricity distributors to ensure provision of inspection services
182Transitional provisions relating to proceedings, etc
[Repealed]
[Repealed]
Reprint notes
Title [Repealed]

Title: repealed, on 1 April 2010, by section 4 of the Electricity Amendment Act 2006 (2006 No 70).