Reprint as at 1 January 2014

Electricity Act 1992

Public Act1992 No 122
Date of assent17 December 1992
Commencementsee section 1

Note

Changes authorised by subpart 2 of Part 2 of the Legislation Act 2012 have been made in this 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Title [Repealed]

1 Short Title and commencement

1A Purposes

Part 1
Preliminary provisions

2 Interpretation

3 Act to bind the Crown

Part 2
General

Electricity operators

4 Declaration of electricity distributors as electricity operators

4A Declaration of electricity generators as electricity operators

Functions and powers of WorkSafe and Secretary

5 Functions of WorkSafe

5A Functions of Secretary

5B WorkSafe and Secretary must share information

6 Inspection of works, etc

7 Report to be compiled on inspection

8 Special powers of WorkSafe

9 Objections to WorkSafe's requirements

10 Effect of notice or requirement pending hearing

11 Procedure on hearing of objection

12 Appeal on question of law

13 WorkSafe may require immediate compliance

14 Appeal against decision on application for injunction

15 Assessors

16 Notification of accidents

16A Transfer of accident information

17 Interference with scene of accident

18 Inquiries into accidents

19 Assistance to WorkSafe

20 Obstructing WorkSafe

21 Privilege against self-incrimination

Part 3
Powers and duties of electricity operators and other owners of electrical works

22 Protection of existing works

22A Owners of land not responsible for maintenance

23 Rights of entry in respect of existing works

23A Line owner must give written notice of intention to maintain or complete existing works

23B Line owner must give notice of intention to inspect or operate existing works

23C Notice in emergencies

23D Land owner may set reasonable conditions on line owner's entry

23E Agreements preserved

23F Disputes about land access

24 Construction or maintenance of works on roads

24A Criteria for setting reasonable conditions

25 Notice to be given before work undertaken

26 Offence

27 Appeals in relation to conditions imposed

28 Determination of appeals

29 Appeal on question of law

30 Charging for access to road reserve

31 Rights of entry in respect of level crossings

32 Local authority, etc, may require works to be moved

33 Cost of work required under section 32

34 Government Roading Powers Act 1989 not to apply

35 Owners and occupiers of private land may move works

Part 4
Electrical codes of practice

36 Issue of electrical code of practice

37 Code may incorporate official standards by reference

38 Code to be approved by Minister

39 Availability of codes

40 Emergency amendment of code

41 Citation of code

42 Proof of code

43 Codes promulgated under Electricity Act 1968

43A Different Ministries responsible for different codes [Repealed]

Part 5
Rural electrical reticulation

[Repealed]

44 Rural Electrical Reticulation Council [Repealed]

45 Functions of Council [Repealed]

46 Council to comply with government policies [Repealed]

47 Further provisions applying to Council [Repealed]

48 Levies [Repealed]

49 Interest on levies [Repealed]

50 Application of levies [Repealed]

51 Transitional provision relating to subsidies [Repealed]

52 Transitional provision relating to membership of Council [Repealed]

53 Council to wind up operations before dissolution [Repealed]

54 Dissolution of Council [Repealed]

55 Expiration of provisions relating to Council [Repealed]

56 Consequential amendment to Official Information Act 1982 [Repealed]

Part 6
Miscellaneous provisions relating to supply of electricity

57 Compensation for damage

58 Compensation for trees and vegetation removed

59 Returns relating to construction of works, etc

60 Standards for electricity supply

61 Safety requirements

61A Electricity generators and electricity distributors must have safety management systems

62 Continuance of supply [Repealed]

Part 6A
Restriction on new fossil-fuelled thermal electricity generating capacity

[Repealed]

Preliminary provisions

62A Purpose of this Part [Repealed]

62B Expiry of this Part [Repealed]

62C Interpretation [Repealed]

Restriction on connection and operation of specified generation plant

62D Restriction on connection and operation of specified generation plant [Repealed]

62E Additional penalty for breach involving commercial gain [Repealed]

Exemptions

62F Minister of Energy may grant exemption [Repealed]

62G Minister of Energy may only grant exemption if satisfied of certain matters [Repealed]

62H Grounds and terms and conditions of exemption [Repealed]

62I Public consultation on recommendations [Repealed]

62J Publication of exemption and reasons [Repealed]

62K Revocation of exemption [Repealed]

62L Commission may grant temporary emergency exemption [Repealed]

Enforcement

62M Commission must monitor compliance [Repealed]

Commission may use information collected or provided under regulations or rules

62N Commission may use information collected or provided under regulations or rules [Repealed]

Regulations

62O Regulations for purposes of this Part [Repealed]

Part 7
Price restraint

[Repealed]

63 Regulations relating to price of electricity [Repealed]

64 Definition of domestic premises [Repealed]

65 Offences [Repealed]

66 Other Acts relating to price control not affected [Repealed]

67 Expiry of this Part [Repealed]

Part 8
Licensing of electricity suppliers

[Repealed]

68 Definition of consumer for purposes of this Part [Repealed]

69 Licence to supply electricity [Repealed]

70 Offence [Repealed]

71 Supply of electricity to consumers outside supply area [Repealed]

72 Duty to supply [Repealed]

73 Expiry of this Part [Repealed]

Part 9
Restrictions on electrical work

74 Restrictions on doing or assisting with prescribed electrical work

Exemptions

75 Board may exempt person or class of persons from section 74

76 Exemption for work done under supervision

77 Exemption for trainees

78 Board may issue limited certificate for purposes of section 77

79 Exemption for domestic electrical wiring work

80 Exemption for maintenance of domestic appliances

Board may cancel application of exemption

81 Board may cancel application of exemption to any person

Testing, certification, and inspection

82 Testing, certification, and inspection

83 Power of entry

Part 10
Registration and licensing of electrical workers and employer licences

Subpart 1Electrical worker registration and licensing

Classes of registration

84 Classes of registration may be designated by Board

85 Board may prescribe other registration and licensing matters

86 Minimum standards for registration

87 Principles guiding prescribing of registration and licensing matters

88 Board must consult before publishing notices

89 Notices published under sections 84 and 85 must be approved by Minister

90 Other provisions relating to notices under sections 84 and 85

How to become registered

91 Entitlement to registration

92 Applications for registration

93 Board may issue provisional licence pending consideration of application

94 Duration of provisional licence

95 Board to consider application

96 Board to register applicant or decline application

97 Registration subject to terms and conditions

How to become licensed

98 Practising licence required

99 Entitlement to practising licence

100 Applications for practising licence

101 Board to consider application

102 Board to issue practising licence or decline application

103 Practising licence subject to terms and conditions

Duration and renewal of practising licence

104 Duration of practising licence

105 Applications for renewal of practising licence

106 Renewal of practising licence

Exemptions from registration and practising licence requirements and conditions

107 Board may grant exemptions from registration and practising licence requirements and conditions

Competence

108 Competence programmes

109 Unsatisfactory results of competence programme

Cancellation and suspension

110 Cancellation and suspension generally

111 Effect of suspension

112 Board may cancel registration or licence if obtained wrongfully

113 Cancellation or suspension of overseas qualification, certificate, registration, or licence

Miscellaneous provision

114 Board may delegate power to Plumbers, Gasfitters, and Drainlayers Board to act under this subpart

Subpart 2Employer licences

115 Employer licence

116 Requirements treated as satisfied if person obtains certification from approved person

117 Prescribed electrical work may be done under employer licence

118 Duration of employer licence

119 Renewal of employer licence

120 Cancellation, suspension, and other actions in relation to employer licences

121 Board must give employer licence holder reasonable opportunity to be heard

122 Miscellaneous provisions concerning actions under section 120

123 Powers of inspection

Subpart 3Register of electrical workers

124 Register of electrical workers

125 Registrar must enter matters in register

126 Purpose of register

127 Form of register

128 Matters to be contained in register

129 Historical registration and licence information and documentation to be included in register

130 Duty to notify change of address

131 Duty to notify change of name

132 Revision of register

133 Restoration of registration or licence

134 Board may direct Registrar to record cancellation, suspension, or order

135 Alterations to register

136 Register to be public

137 Restricting public access to information and documents on register

138 Search of register

139 Search criteria

140 Search purposes

141 When search constitutes interference with privacy of individual

Part 11
Disciplinary provisions

Preliminary provisions

142 Persons to whom this Part applies

143 Disciplinary offence

Complaints

144 Complaints

Investigations

145 Secretary must appoint investigator

146 Investigation of complaint

147 Investigator's powers

147A Secretary must supply warrant of authority

147B Duties of investigator supplied with warrant of authority

147C Restriction on entry to dwellinghouse

147D Investigator must give notice to occupier of dwellinghouse

147E Notices to supply information or documents

147F Offence to fail to comply with notice to supply information or document

Consideration of complaint by Board

147G Board must hold hearing if investigator reports that complaint should be considered by Board

147H Notice of disciplinary proceedings

Interim suspension or disqualification

147I Interim suspension or disqualification

147J Form of interim suspension or disqualification order

147K Revocation of interim suspension or disqualification

147L Board must take reasonable steps to hold hearing as soon as practicable if it makes interim suspension or disqualification order

Exercise of disciplinary powers

147M Disciplinary powers of Board

147N Costs and expenses

147O Enforcement of fines, costs, and expenses

147P Suspension, restriction, or disqualification may take effect immediately

147Q Effect of disqualification

147R Consequences of failure to comply with order to pass examination, complete competence programme, or attend course of instruction

Procedure and miscellaneous matters

147S Right to appear and be heard

147T Investigator to prosecute matter

147U Appointment of legal advisor to assist Board

147V Appointment of persons to assist investigator

147W Evidence

147X Board to have powers of commission of inquiry

147Y Orders to be in writing

147Z Publication of orders

Part 12
Appeals

147ZA Appeals

147ZB Time for lodging appeal

147ZC Procedure on appeal

147ZD Court may refer appeals back for reconsideration

147ZE Costs

147ZF Power of court to prohibit publication of person's name or affairs

147ZG Decision to continue in force pending appeal

147ZH Appeal on question of law

Part 13
Administration

Electrical Workers Registration Board

148 Electrical Workers Registration Board

149 Functions of Board

150 Membership

151 Registrar

152 Delegation of functions and powers

153 Meetings to be held in public

Complaints Assessment Committees

[Repealed]

154 Complaints Assessment Committees [Repealed]

155 Secretary to maintain list [Repealed]

General provisions

156 Rules of natural justice to be observed

156A Power to amend or revoke

156B Notice and service of documents by Board, member, Registrar, or investigator

157 Further provisions applying to Board

158 Review of operation of Act

Part 14
Miscellaneous provisions

Subpart 1General electricity matters

Financial statements of customer and community trusts

[Repealed]

158A Community and customer trusts to prepare audited financial statements [Repealed]

158B Publication of audited financial statements [Repealed]

158C Auditor of trusts [Repealed]

158D Procedures for annual meeting to appoint auditor [Repealed]

158E Auditor-General to be auditor if no other auditor appointed [Repealed]

158F Application of sections 158A to 158E [Repealed]

Complaints resolution system

[Repealed]

158G Complaints resolution system [Repealed]

Powers of entry

159 Conditions relating to power to enter land or premises

Offences

160 False declarations and representations

161 Unlicensed or unregistered person must not claim to be licensed or registered

162 Offence to engage in prescribed electrical work in breach of section 74

163 Offence to employ person to engage in prescribed electrical work in breach of section 74

163A Offence to fail to comply with condition of employer licence

163B Offence to breach requirement to have safety management system

163C Offences for actions or omissions likely to cause serious harm or significant property damage

163D Other offences

164 Directors and officers of bodies corporate

165 Time for filing charging document

Infringement offences

165A Infringement offences

165B Infringement notices

165C Procedural requirements for infringement notices

165D Payment of infringement fee

165E Effect of infringement notice

Miscellaneous provisions

166 Payment of fees

167 Certificate by Registrar to be evidence of various matters

168 Notices in relation to Maori land

Regulations—General

169 Regulations

169A Regulations that prescribe requirements for safety management systems

169B Miscellaneous provisions relating to regulations that prescribe requirements for safety management systems

Regulations—Information disclosure

[Repealed]

170 Regulations relating to information disclosure [Repealed]

Regulations—Consumer choice of electricity retailer

[Repealed]

170A Regulations relating to ability of consumers to choose preferred electricity retailer [Repealed]

171 Information to be supplied to Secretary [Repealed]

171A Reasonable charge may be imposed for providing copies of statements [Repealed]

172 Offences [Repealed]

Subpart 2Electricity industry regulation-making powers

[Repealed]

[Repealed]

172A Outline of subpart [Repealed]

Regulations—Low fixed charge tariff option for domestic consumers

[Repealed]

172B Low fixed charge tariff option for domestic consumers [Repealed]

Regulations—Code on access for beneficiaries of community and customer trusts

[Repealed]

172C Regulations for code on access for beneficiaries of customer and community trusts [Repealed]

Regulations—Reserve energy

[Repealed]

172CA Reserve energy [Repealed]

Electricity governance regulations

[Repealed]

172D Electricity governance regulations [Repealed]

172E Conditions and process for recommendations on electricity governance regulations [Repealed]

172F Assessment of proposed electricity governance regulations [Repealed]

172G Process for recommendations on other electricity governance regulations [Repealed]

172H Electricity governance rules [Repealed]

172I Method of making electricity governance rules [Repealed]

Supplementary provisions

[Repealed]

172J Supplementary empowering provision for regulations and rules [Repealed]

172K Supplementary empowering provision for regulations [Repealed]

Provisions that apply if electricity governance regulations or rules are in force

[Repealed]

172KA Transmission agreements [Repealed]

172KB Party must co-operate with investigations [Repealed]

172KC Privileges protected [Repealed]

172KD Limits on investigation powers [Repealed]

172KE Rulings Panel may make certain orders [Repealed]

172KF Restriction of remedies [Repealed]

172KG Limit on tort claims against service providers [Repealed]

Appeals

[Repealed]

172KH Appeals on ground of lack of jurisdiction [Repealed]

172KI Judicial review not precluded [Repealed]

172KJ Appeals on question of law in relation to decisions by Commission or Rulings Panel [Repealed]

172KK Right of appeal against suspension or termination orders [Repealed]

172KL Persons entitled to appeal [Repealed]

172KM Determination of appeals [Repealed]

172KN High Court may refer appeals back to Commission or Rulings Panel for reconsideration [Repealed]

172KO Provisions pending determination of appeal [Repealed]

172KP High Court may order proceedings be heard in private [Repealed]

172KQ Appeal to Court of Appeal in certain cases [Repealed]

Part 15
Governance of electricity industry

[Repealed]

[Repealed]

Preliminary provisions

[Repealed]

172L Purpose [Repealed]

Subpart 1Electricity Governance Board

[Repealed]

[Repealed]

172M Continuation of Commission [Repealed]

172N Principal objectives and specific outcomes [Repealed]

172O Functions of Commission [Repealed]

172P Body corporate status and powers [Repealed]

172Q Role of board of the Commission [Repealed]

172R Membership of the Commission's board [Repealed]

Duties of members

[Repealed]

172S Duties of members [Repealed]

172T Collective duties of the Commission's board [Repealed]

172U Members accountable to Minister [Repealed]

172V Notice of special meetings of Commission's board [Repealed]

Role of the Commission in relation to electricity governance regulations and rules

[Repealed]

172W EGB to make recommendations concerning electricity governance regulations and rules [Repealed]

172X Objectives of recommendations [Repealed]

172Y Obligation to consult [Repealed]

172Z Minister must have regard to recommendations [Repealed]

Power to direct EGB

[Repealed]

172ZA Power to direct EGB [Repealed]

172ZB Procedure for giving direction [Repealed]

Levy of industry participants

[Repealed]

172ZC Levy of industry participants [Repealed]

172ZCA Commission must consult about request for appropriation [Repealed]

Miscellaneous

[Repealed]

172ZD Accountability of the Commission [Repealed]

172ZE Regulations [Repealed]

172ZF The Commission is public authority [Repealed]

172ZG Amendment to Ombudsmen Act 1975 [Repealed]

172ZH Amendment to Public Finance Act 1989 [Repealed]

Subpart 2Accountability of Electricity Commission

[Repealed]

172ZI Application of subpart [Repealed]

172ZJ Interpretation [Repealed]

172ZK Setting of GPS objectives and outcomes [Repealed]

172ZL Annual performance standards [Repealed]

172ZM Additional information to be included in annual report [Repealed]

172ZN Minister must present annual performance report to House of Representatives [Repealed]

172ZO Assurance audit by Auditor-General [Repealed]

172ZP Report by Parliamentary Commissioner for Environment [Repealed]

172ZQ Functions under this subpart [Repealed]

Subpart 3Miscellaneous provisions

[Repealed]

172ZR Specific authorisation for purposes of restrictive trade practices rules [Repealed]

Part 16
Repeals, etc, and transitional provisions

Repeals, revocations, amendments, and savings

173 Repeals, revocations, and consequential amendments

174 Regulations deemed to have been made under this Act

175 Savings

176 Application of Clutha Development (Clyde Dam) Empowering Act 1982 [Repealed]

177 Middle line Proclamation relating to Hairini-Mount Maunganui transmission line [Repealed]

Amendment to Electricity Act 1968

178 Rights of entry for energy companies

Amendment to Electrical Registration Act 1979

179 Certificate of compliance where prescribed electrical work covered by building consent

Transitional provisions

180 Transitional provision relating to electricity agreements

181 Electricity distributors to ensure provision of inspection services

182 Transitional provisions relating to proceedings, etc

Schedule 1
Provisions applying in respect of Rural Electrical Reticulation Council

[Repealed]

Schedule 2
Provisions applying in respect of Electrical Workers Registration Board

Schedule 2A
Further provisions for the Commission and the Commission's Board

[Repealed]

Schedule 3
Enactments repealed

Schedule 4
Enactments amended

Schedule 5
Regulations and orders revoked

Schedule 6
Regulations deemed to have been made pursuant to section 169

Electricity Amendment Act 2001

Electricity Amendment Act 2006

Infrastructure (Amendments Relating to Utilities Access) Act 2010

Reprint notes


Title  [Repealed]

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