New Zealand Legislation: Acts
Acts are laws made by Parliament
(1) In this Act, unless the context otherwise requires,—
all practicable steps, in relation to achieving any result in any circumstances, means all steps to achieve the result that it is reasonably practicable to take in the circumstances, having regard to—
(a) the nature and severity of the serious harm or significant property damage that may be suffered if the result is not achieved; and
(b) the current state of knowledge about the likelihood that harm or damage of that nature and severity will be suffered if the result is not achieved; and
(c) the current state of knowledge about harm or damage of that nature; and
(d) the current state of knowledge about the means available to achieve the result, and about the likely efficacy of each of those means; and
(e) the availability and cost of each of those means
all practicable steps: this definition was inserted, as from 5 December 2006, by section 6(1) Electricity Amendment Act 2006 (2006 No 70). See sections 29 to 42 of that Act for the transitional provisions.
applicable minimum standards for registration
Approved means approved by the Board
Associated equipment means any equipment that is used, or designed or intended for use, in connection with any works or electrical installation, where such use is for construction, maintenance, or safety purposes and not for purposes that relate directly to the generation, conversion, transformation, conveyance, or use of electricity
Board means the Electrical Workers Registration Board established by section 148 of this Act
Commission means the Electricity Commission continued under subpart 1 of Part 15
Commission: this definition was inserted, as from 18 October 2004, by section 4(2) Electricity Amendment Act 2004 (2004 No 80).
Commission's board or board, for the purposes of Part 15, means the members of the Commission's board who number not less than the required quorum acting together as a board.
Commission's board or board: this definition was inserted, as from 18 October 2004, by section 4(2) Electricity Amendment Act 2004 (2004 No 80).
Commission's board or board: this definition was substituted, as from 25 January 2005, by section 200 Crown Entities Act 2004 (2004 No 115).
Committee means a Complaints Assessment Committee appointed under section 154 of this Act
community trust means an electricity trust (within the meaning of section 3(1) of the Electricity Industry Reform Act 1998) that is a community trust under section 38 of that Act
Community trust: this definition was inserted, as from 8 August 2001, by section 7(2) Electricity Amendment Act 2001 (2001 No 40). See section 19 of that Act (for the transitional provision for Transpower's pricing methodology on and after 26 July 2001); section 20 (for the savings provision for Transpower's pricing methodology before 26 July 2001); and section 21 (for validations of actions by persons without electricity operator status).
condition
Connectable installation, in relation to a vehicle, a relocatable building, or a pleasure vessel, means an electrical installation of that vehicle, relocatable building, or pleasure vessel that is designed or intended for, or capable of, connection to an external power supply that operates at or above such voltage as is prescribed for the purposes of this definition by regulations made under section 169 of this Act; and includes any electrical appliance that is connected, or intended to be connected, to any such installation
Construct includes to erect, to lay, and to place; and construction has a corresponding meaning
Consumer—
(a) Means any person who is supplied, or who applies to be supplied, with electricity; but
(b) Does not include any electricity generator or any electricity distributor or electricity retailer, except where the electricity generator or, as the case may be, the electricity distributor or electricity retailer is supplied, or applies to be supplied, with electricity for its own consumption and not for the purposes of resupply to any other person:
Corporation means a State enterprise within the meaning of section 2 of the State-Owned Enterprises Act 1986 that is a generator of electricity and includes any subsidiary of any such State enterprise
Corporation: this definition was substituted, as from 14 May 1999, by section 100 Electricity Industry Reform Act 1998 (1998 No 88). See clause 2Electricity Industry Reform Act (Commencement of Section 100) Order 1999 (SR 1999/115).
Council means the Rural Electrical Reticulation Council continued by section 44 of this Act
Customer trust means an electricity trust (within the meaning of section 3(1) of the Electricity Industry Reform Act 1998) that is a customer trust under section 38 of that Act
Customer trust: this definition was inserted, as from 8 August 2001, by section 7(2) Electricity Amendment Act 2001 (2001 No 40). See section 19 of that Act (for the transitional provision for Transpower's pricing methodology on and after 26 July 2001); section 20 (for the savings provision for Transpower's pricing methodology before 26 July 2001); and section 21 (for validations of actions by persons without electricity operator status).
Document has the same meaning as in section 2(1) of the Official Information Act 1982
Domestic consumer means any person who purchases or uses electricity in respect of any domestic premises
Domestic consumer: this definition was inserted, as from 8 August 2001, by section 7(2) Electricity Amendment Act 2001 (2001 No 40). See section 19 of that Act (for the transitional provision for Transpower's pricing methodology on and after 26 July 2001); section 20 (for the savings provision for Transpower's pricing methodology before 26 July 2001); and section 21 (for validations of actions by persons without electricity operator status).
Domestic premises means any premises that are used or intended for occupation by any person principally as a place of residence; but does not include any premises referred to in paragraphs (a) to (i) of section 90 of the Electricity Industry Reform Act 1998
Domestic premises: this definition was inserted, as from 8 August 2001, by section 7(2) Electricity Amendment Act 2001 (2001 No 40). See section 19 of that Act (for the transitional provision for Transpower's pricing methodology on and after 26 July 2001); section 20 (for the savings provision for Transpower's pricing methodology before 26 July 2001); and section 21 (for validations of actions by persons without electricity operator status).
Dwellinghouse means any building or part of a building occupied as a separate dwelling; but does not include a meter box or meter located on the exterior of the building or the part of the building
EGB
[Repealed]
EGB: this definition was inserted, as from 8 August 2001, by section 7(2) Electricity Amendment Act 2001 (2001 No 40). See section 19 of that Act (for the transitional provision for Transpower's pricing methodology on and after 26 July 2001); section 20 (for the savings provision for Transpower's pricing methodology before 26 July 2001); and section 21 (for validations of actions by persons without electricity operator status).
EGB: this definition was repealed, as from 18 October 2004, by section 4(1) Electricity Amendment Act 2004 (2004 No 80).
EGB's board or board
[Repealed]
EGB's board or board: this definition was inserted, as from 8 August 2001, by section 7(2) Electricity Amendment Act 2001 (2001 No 40). See section 19 of that Act (for the transitional provision for Transpower's pricing methodology on and after 26 July 2001); section 20 (for the savings provision for Transpower's pricing methodology before 26 July 2001); and section 21 (for validations of actions by persons without electricity operator status).
EGB's board or board: this definition was repealed, as from 18 October 2004, by section 4(1) Electricity Amendment Act 2004 (2004 No 80).
Electrical appliance means any appliance that uses, or is designed or intended to use, electricity, whether or not it also uses, or is designed or intended to use, any other form of energy
Electrical code of practice or code means an electrical code of practice issued pursuant to section 36 of this Act
Electrical installation—
(a) Means all fittings—
(i) That form part of a system for conveying electricity; and
(ii) That form part of such a system at any point from the point of supply to a consumer to any point from which electricity conveyed through that system may be consumed; and
(b) Includes any fittings that are used, or designed or intended for use, by any person, in or in connection with the generation of electricity for that person's use and not for supply to any other person; but
(c) Does not include any electrical appliance:
Electrical wiring work means prescribed electrical work that consists of any of the following work
(a) The installation or maintenance of electrical wiring:
(b) The connection or disconnection of fittings to or from electrical wiring:
Electricity distributor means a person who supplies line function services to any other person or persons
Electricity generator means any person who owns or operates a generator connected to distribution or transmission lines
Electricity generator: this definition was inserted, as from 8 August 2001, by section 7(2) Electricity Amendment Act 2001 (2001 No 40). See section 19 of that Act (for the transitional provision for Transpower's pricing methodology on and after 26 July 2001); section 20 (for the savings provision for Transpower's pricing methodology before 26 July 2001); and section 21 (for validations of actions by persons without electricity operator status).
Electricity governance organisation
[Repealed]
Electricity governance organisation: this definition was inserted, as from 8 August 2001, by section 7(2) Electricity Amendment Act 2001 (2001 No 40). See section 19 of that Act (for the transitional provision for Transpower's pricing methodology on and after 26 July 2001); section 20 (for the savings provision for Transpower's pricing methodology before 26 July 2001); and section 21 (for validations of actions by persons without electricity operator status).
Electricity governance organisation: this definition was repealed, as from 18 October 2004, by section 4(1) Electricity Amendment Act 2004 (2004 No 80).
electricity governance regulations means regulations made under section 172D
Electricity governance regulations: this definition was inserted, as from 8 August 2001, by section 7(2) Electricity Amendment Act 2001 (2001 No 40). See section 19 of that Act (for the transitional provision for Transpower's pricing methodology on and after 26 July 2001); section 20 (for the savings provision for Transpower's pricing methodology before 26 July 2001); and section 21 (for validations of actions by persons without electricity operator status).
electricity governance regulations: this definition was substituted, as from 18 October 2004, by section 4(2) Electricity Amendment Act 2004 (2004 No 80).
Electricity operator means—
(a) Any body or person that, immediately before 1 April 1993, was the holder of a licence issued under section 20 of the Electricity Act 1968 and in force immediately before that date; and
(b) Any person declared under section 4 or 4A of this Act to be an electricity operator for the purposes of this Act or any provision or provisions of this Act:
Electricity operator: this definition was substituted, as from 14 May 1999, by section 100 Electricity Industry Reform Act 1998 (1998 No 88). See clause 2Electricity Industry Reform Act (Commencement of Section 100) Order 1999 (SR 1999/115).
Electricity operator: paragraph (b) of this definition was amended, as from 22 October 2003, by section 3 Electricity Amendment Act 2003 (2003 No 72) by omitting the words “by the Governor-General by Order in Council”
.
Electricity retailer means a person who supplies electricity to another person or other persons for any purpose other than for resupply by the other person or persons
Employer licence means an employer licence issued under section 101 of this Act
Existing works,—
(a) In relation to works owned by the Corporation, means any works constructed before the 1st day of January 1988; and includes any works that were wholly or partly in existence, or work on the construction of which commenced, before the 1st day of January 1988:
(b) In relation to works owned by any other person, means any works constructed before the 1st day of January 1993; and includes any works that were wholly or partly in existence, or work on the construction of which commenced, before the 1st day of January 1993:
Fire brigade has the same meaning as in section 2 of the Fire Service Act 1975; and includes a defence fire brigade and an industrial fire brigade within the meaning of that Act
Fittings means everything used, or designed or intended for use, in or in connection with the generation, conversion, transformation, conveyance, or use of electricity
GPS objectives and outcomes has the meaning set out in section 172ZJ
GPS objectives and outcomes: this definition was inserted, as from 8 August 2001, by section 7(2) Electricity Amendment Act 2001 (2001 No 40). See section 19 of that Act (for the transitional provision for Transpower's pricing methodology on and after 26 July 2001); section 20 (for the savings provision for Transpower's pricing methodology before 26 July 2001); and section 21 (for validations of actions by persons without electricity operator status).
industry participant means—
(a) an electricity retailer:
(b) an electricity distributor:
(c) an electricity generator:
(d) a line owner:
(e) a person who uses electricity that is conveyed to the person directly from the national grid:
(f) a person who buys electricity on the wholesale market:
(g) a service provider appointed under any electricity governance regulations:
(h) an electricity metering equipment owner:
(i) a data administrator that provides data administration services to the electricity industry,—
but does not include the Commission (even to the extent that the Commission may be acting as a service provider after an appointment under electricity governance regulations)
Industry participant: this definition was inserted, as from 8 August 2001, by section 7(2) Electricity Amendment Act 2001 (2001 No 40). See section 19 of that Act (for the transitional provision for Transpower's pricing methodology on and after 26 July 2001); section 20 (for the savings provision for Transpower's pricing methodology before 26 July 2001); and section 21 (for validations of actions by persons without electricity operator status).
industry participant: this definition was substituted, as from 18 October 2004, by section 4(2) Electricity Amendment Act 2004 (2004 No 80).
infringement fee
infringement notice
infringement offence
investigator
level crossing has the same meaning as in section 4(1) of the Railways Act 2005
Level crossing: this definition was substituted, as from 20 July 2005, by section 103(3) Railways Act 2005 (2005 No 37). See sections 105 to 111 of that Act for the transitional provisions.
Line function services means—
(a) The provision and maintenance of works for the conveyance of electricity:
(b) The operation of such works, including the control of voltage and assumption of responsibility for losses of electricity:
Line owner means a person that owns works that are used or intended to be used for the conveyance of electricity
lines means works that are used or intended to be used for the conveyance of electricity
lines: this definition was inserted, as from 18 October 2004, by section 4(2) Electricity Amendment Act 2004 (2004 No 80).
Local authority means a territorial authority within the meaning of the Local Government Act 2002
Local authority: this definition was substituted, as from 25 December 2002, by section 52 Local Electoral Amendment Act 2002 (2002 No 85).
Maintain includes to repair; and maintenance has a corresponding meaning
Minister, in any provision of this Act, means the Minister of the Crown who, under the authority of any warrant or with the authority of the Prime Minister, is responsible for the administration of that provision
Minister: this definition was substituted, as from 5 December 2006, by section 6(2) Electricity Amendment Act 2006 (2006 No 70). See sections 29 to 42 of that Act for the transitional provisions.
Ministry, in any provision of this Act, means the department of State that, with the authority of the Prime Minister, is responsible for the administration of that provision
Ministry: this definition was substituted, as from 5 December 2006, by section 6(2) Electricity Amendment Act 2006 (2006 No 70). See sections 29 to 42 of that Act for the transitional provisions.
National grid means the assets used or owned by Transpower for the purpose of conveying electricity
National grid: this definition was inserted, as from 8 August 2001, by section 7(2) Electricity Amendment Act 2001 (2001 No 40). See section 19 of that Act (for the transitional provision for Transpower's pricing methodology on and after 26 July 2001); section 20 (for the savings provision for Transpower's pricing methodology before 26 July 2001); and section 21 (for validations of actions by persons without electricity operator status).
Official standard means—
(a) A New Zealand Standard within the meaning of the Standards Act 1988:
(b) A standard specification prescribed by any standards organisation within the meaning of that Act:
Performance standards has the meaning set out in section 172ZJ
Performance standards: this definition was inserted, as from 8 August 2001, by section 7(2) Electricity Amendment Act 2001 (2001 No 40). See section 19 of that Act (for the transitional provision for Transpower's pricing methodology on and after 26 July 2001); section 20 (for the savings provision for Transpower's pricing methodology before 26 July 2001); and section 21 (for validations of actions by persons without electricity operator status).
place
Pleasure vessel has the same meaning as in section 2(1) of the Shipping and Seamen Act 1952
Plumbers, Gasfitters, and Drainlayers Board
point of supply has the meaning set out in subsection (3).
Point of supply: this definition was substituted, as from 8 August 2001, by section 7(1) Electricity Amendment Act 2001 (2001 No 40). See section 19 of that Act (for the transitional provision for Transpower's pricing methodology on and after 26 July 2001); section 20 (for the savings provision for Transpower's pricing methodology before 26 July 2001); and section 21 (for validations of actions by persons without electricity operator status).
Power supply means a supply of electricity
practising licence
Prescribed electrical work means electrical work prescribed in regulations made under section 169 of this Act, being work that falls into any of the following categories
(a) The construction or maintenance of electrical installations:
(b) The maintenance of electrical appliances:
(c) The connection or disconnection of works, electrical installations, and electrical appliances to or from a power supply, other than by means of—
(i) A plug; or
(ii) An appliance inlet; or
(iii) A pin—
that is inserted into a socket outlet:
(d) The construction or maintenance of works:
(e)
Price includes valuable consideration in any form, whether direct or indirect; and also includes any consideration that in effect relates to the acquisition of goods or services or the acquisition or disposition of any interest in land, although ostensibly relating to any other matter or thing
Provisional licence means a provisional licence issued under section 79 of this Act
publicise, in relation to a document, means—
(a) to make the document available to the public, at no cost, on a website maintained by or on behalf of the Commission, at all reasonable times; and
(b) to give notice of the document in the Gazette
publicise: this definition was inserted, as from 18 October 2004, by section 4(2) Electricity Amendment Act 2004 (2004 No 80).
qualified engineer means a person who, by reason of qualifications in electrical engineering,—
(a) is registered under the Engineering Associates Act 1961 and was so registered immediately before 1 April 1993; or
(b) was registered under the Engineers Registration Act 1924 immediately before 1 April 1993 and was also so registered immediately before the end of the transitional period (as defined in section 4 of the Chartered Professional Engineers of New Zealand Act 2002)
qualified engineer: this definition was substituted, as from 1 January 2004, by section 76 Chartered Professional Engineers of New Zealand Act 2002 (2002 No 17).
Qualifying experience means,—
(a) In relation to a registered electrical service technician,—
(i) Experience as a registered electrical service technician:
(ii) Experience as the holder of a restricted certificate under the Electrical Registration Act 1979:
(iii) Experience as a radio-electronics serviceman under the Electrical Registration Act 1979:
(iv) Experience as an electrical appliance serviceman under the Electrical Registration Act 1979:
(b) In relation to a registered line mechanic,—
(i) Experience as a registered line mechanic:
(ii) Experience as the holder of a certificate of competency as an electric lineman under the Electric Linemen Act 1959:
(c) In relation to a registered electrician,—
(i) Experience as a registered electrician:
(ii) Experience as a registered electrician under the Electrical Registration Act 1979:
(iii) Experience as an electrical mechanic under the Electrical Registration Act 1979:
(d) In relation to any registered person to whom any of paragraphs (a) to (c) applies, and who is registered pursuant to section 81, experience gained elsewhere than in New Zealand that, in the opinion of the Board, is substantially equivalent to any of the kinds of experience referred to in whichever of those paragraphs applies in respect of that registered person:
Qualifying experience: paragraph (d) of this definition was inserted, as from 28 July 1997, by section 2(1) Electricity Amendment Act 1997 (1997 No 42).
Recognised certificate means any certificate, or any other evidence of registration or recognition,—
(a) That was granted outside New Zealand; and
(b) That is evidence of proficiency in the work of an electrical service technician, an electrician, a line mechanic, or an electrical inspector; and
(c) That is prescribed as a recognised certificate:
Register means any register kept pursuant to Part 9 of this Act
Registered means registered under Part 9 of this Act
Registered person means a registered electrical service technician, a registered electrician, a registered line mechanic, or a registered electrical inspector
Registrar means the Registrar appointed pursuant to section 151 of this Act
Relocatable building means any structure designed or adapted for human occupation that is designed to be relocatable; but does not include any tent
report date has, for the purposes of subpart 2 of Part 15, the meaning set out in section 172ZJ
Report date: this definition was inserted, as from 8 August 2001, by section 7(2) Electricity Amendment Act 2001 (2001 No 40). See section 19 of that Act (for the transitional provision for Transpower's pricing methodology on and after 26 July 2001); section 20 (for the savings provision for Transpower's pricing methodology before 26 July 2001); and section 21 (for validations of actions by persons without electricity operator status).
reporting period has the meaning set out in section 172ZJ
Reporting period: this definition was inserted, as from 8 August 2001, by section 7(2) Electricity Amendment Act 2001 (2001 No 40). See section 19 of that Act (for the transitional provision for Transpower's pricing methodology on and after 26 July 2001); section 20 (for the savings provision for Transpower's pricing methodology before 26 July 2001); and section 21 (for validations of actions by persons without electricity operator status).
reserve energy means energy that is secured by contract (including by contracting for demand-side savings) by, or on behalf of, the Commission for the purpose of ensuring security of supply
reserve energy: this definition was inserted, as from 18 October 2004, by section 4(2) Electricity Amendment Act 2004 (2004 No 80). See sections 27 to 29 of that Act for the transitional provision.
Road has the same meaning as in section 315 of the Local Government Act 1974; and includes a road under the jurisdiction of any local authority; and also includes a public footpath; and also includes a State highway within the meaning of section 2(1) of the Government Roading Powers Act 1989; but does not include—
(a) A private road within the meaning of section 315 of the Local Government Act 1974; or
(b) A motorway within the meaning of the Government Roading Powers Act 1989; or
(c) Any roadway laid out by order of the Maori Land Court under sections 315 to 327 of Te Ture Whenua Maori Act 1993 or under any former Act, except where that order has been cancelled, or where the roadway has been declared under section 320 of that Act to be a road; or
(d) Any level crossing:
Roading structure means any bridge, underpass, overpass, culvert, or tunnel
rules and electricity governance rules mean, for the purposes of subpart 2 of Part 14 and subpart 1 of Part 15, rules made under section 172H
rules and electricity governance rules: this definition was inserted, as from 8 August 2001, by section 7(2) Electricity Amendment Act 2001 (2001 No 40). See section 19 of that Act (for the transitional provision for Transpower's pricing methodology on and after 26 July 2001); section 20 (for the savings provision for Transpower's pricing methodology before 26 July 2001); and section 21 (for validations of actions by persons without electricity operator status).
Rulings Panel means the Rulings Panel established under electricity governance regulations
Rulings Panel: this definition was inserted, as from 18 October 2004, by section 4(2) Electricity Amendment Act 2004 (2004 No 80).
Secretary, in any provision of this Act, means the chief executive of the Ministry responsible for the administration of that provision; and includes any person for the time being authorised by delegation to exercise or perform any of the powers or functions of the Secretary under that provision
Secretary: this definition was substituted, as from 5 December 2006, by section 6(3) Electricity Amendment Act 2006 (2006 No 70). See sections 29 to 42 of that Act for the transitional provisions.
serious harm means—
(a) death; or
(b) injury that consists of or includes loss of consciousness; or
(c) injury that necessitates the person suffering the injury—
(i) being admitted to hospital; or
(ii) receiving medical treatment from a health practitioner who is, or is deemed to be, registered with an authority established or continued by section 114 of the Health Practitioners Competence Assurance Act 2003 as a practitioner of a particular health profession
serious harm: this definition was inserted, as from 5 December 2006, by section 6(1) Electricity Amendment Act 2006 (2006 No 70). See sections 29 to 42 of that Act for the transitional provisions.
Subsidiary
[Repealed]
Subsidiary: this definition was repealed, as from 28 September 1993, by section 2(1) Electricity Amendment Act 1993 (1993 No 143).
Supervision, in relation to any work, means that the work is undertaken under such control and direction of a person authorised under this Act to do the work as is sufficient to ensure—
(a) That the work is performed competently; and
(b) That while the work is being undertaken, appropriate safety measures are adopted; and
(c) That the completed work complies with the requirements of any regulations made under section 169 of this Act:
Supervisor of electrical work means—
(a) A registered electrical service technician who has had in total not less than 3 years' qualifying experience:
(b) A registered line mechanic who has had in total not less than 3 years' qualifying experience:
(c) Subject to subsection (2) of this section, a registered electrician who has had in total not less than 3 years' qualifying experience:
(d) A qualified engineer who, while registered under the Engineers Registration Act 1924 or the Engineering Associates Act 1961, has had in total not less than 3 years' experience in electrical engineering work:
(e) A registered electrical inspector:
Telecommunications line means any line within the meaning of the Telecommunications Act 2001
Telecommunications line: this definition was amended, as from 20 December 2001, by section 158 Telecommunications Act 2001 (2001 No 103) by substituting the expression “2001”
for the expression “1987”
.
Tradesperson means any person who is authorised, by section 112 of this Act, to do prescribed electrical work
Trainee means any person who is undergoing instruction or training in any class of prescribed electrical work for the purpose of obtaining registration under Part 9 of this Act
Transpower means Transpower New Zealand Limited or any subsidiary of, or successor to, that company.
Transpower: this definition was inserted, as from 8 August 2001, by section 7(2) Electricity Amendment Act 2001 (2001 No 40). See section 19 of that Act (for the transitional provision for Transpower's pricing methodology on and after 26 July 2001); section 20 (for the savings provision for Transpower's pricing methodology before 26 July 2001); and section 21 (for validations of actions by persons without electricity operator status).
Vehicle has the same meaning as in section 2(1) of the Land Transport Act 1998
Vehicle: this definition was amended, as from 1 March 1999, by section 215(1) Land Transport Act 1998 (1998 No 110) by substituting the words “the Land Transport Act 1998”
for the words “the Transport Act 1962”
.
Worker means any person who is employed or engaged (whether under a contract of service or a contract for services) to do any work for hire or reward
Working day means any day of the week other than—
(a) Saturday, Sunday, Good Friday, Easter Monday, Anzac Day, Labour Day, the Sovereign's birthday, and Waitangi Day; and
(b) A day in the period commencing with the 25th day of December in any year and ending with the 15th day of January in the following year:
Works—
(a) Means any fittings that are used, or designed or intended for use, in or in connection with the generation, conversion, transformation, or conveyance of electricity; but
(b) Does not include—
(i) Any fittings that are used, or designed or intended for use, by any person, in or in connection with the generation of electricity for that person's use and not for supply to any other person; or
(ii) Any part of any electrical installation.
(2) Notwithstanding anything in paragraph (c) of the definition of the term supervisor of electrical work in subsection (1) of this section, the following persons shall be deemed, for the purposes of this Act, not to be supervisors of electrical work in relation to any wiring installation work:
(a) Any person who is deemed, by virtue of section 107(2) of this Act, to be registered as an electrician:
(b) Any person who, by virtue of that person's registration as an electrical mechanic under the Electrical Registration Act 1979, is granted registration as an electrician pursuant to section 106(1) of this Act.
(3) In this Act, point of supply, in relation to a property, means the point or points on the boundary of the property at which exclusive fittings enter that property, except that,—
(a) If there are both high voltage lines and a transformer owned by the electricity distributor on the property, the point of supply is the point at which electricity from the transformer enters exclusive fittings; or
(b) If there are non-exclusive fittings on the property, the point of supply is the point at which those fittings become exclusive fittings; or
(c) If the exclusive fittings on the property are owned by a consumer that is a tenant or licensee of the owner or occupier of the property, the point of supply is the point at which those exclusive fittings enter the area leased or licensed by the consumer; or
(d) If there is specific agreement that any other point on the property is the point of supply, the point of supply is the agreed point;—
and, in this definition,—
Exclusive fittings means fittings used or intended to be used for the purpose of supplying electricity exclusively to that property
High voltage lines means lines conveying electricity at a voltage of 1000 volts or more
Property—
(a) means the land within the boundary where the electricity is consumed:
(b) includes the whole of the property, if the property is occupied wholly or partially by tenants or licensees of the owner or occupier:
(c) includes the whole of any property that has been subdivided under the Unit Titles Act 1972
Specific agreement may be an agreement—
(a) entered into by—
(i) the existing consumer; or
(ii) any person with a greater interest in the property than the consumer (such as the consumer's landlord); or
(iii) any body corporate under the Unit Titles Act 1972 or the registered proprietor of the land to which the unit plan relates; and
(b) entered into by the electricity distributor or the electricity retailer; and
(c) entered into before or after the date on which this provision comes into force.
(4) The new definition of point of supply in subsection (3)—
(a) applies on and after the date on which the Electricity Amendment Act 2001 receives the Royal assent if—
(i) an agreement exists between the electricity distributor and the consumer that the point of supply is already located at the point provided for in the new definition; and
(ii) the consumer has not challenged the existence of that agreement before that date; and
(b) is, in other cases, subject to the transitional provision in subsection (5).
(5) The new definition of point of supply in subsection (3) does not apply in any other particular case until the electricity distributor has—
(a) brought the fittings for which the consumer will become responsible as a result of the new definition to a reasonable standard of maintenance or repair, if those fittings are not at a reasonable standard at the time when this provision comes into force; and
(b) notified the consumer in writing—
(i) that the point of supply is as defined in accordance with the new definition; and
(ii) the location of that point of supply; and
(iii) the effect of the change to the point of supply; and
(iv) that the point of supply may not take effect under this Act unless any fittings for which the consumer will become responsible have been brought to a reasonable standard of maintenance and repair; and
(v) the date on which the point of supply will change (which must be no less than 20 working days after the date of the notification).
Section 2(1) consumer paragraph (b): amended, on 14 October 2008, by section 29(2)(a) of the Commerce Amendment Act 2008 (2008 No 70).
Section 2(1) consumer paragraph (b): amended, on 14 October 2008, by section 29(2)(b) of the Commerce Amendment Act 2008 (2008 No 70).
Section 2(1) road: amended, on 1 August 2008, by section 50(1) of the Land Transport Management Amendment Act 2008 (2008 No 47).
Road: this definition was amended, as from 28 July 1997, by section 2(2) Electricity Amendment Act 1997 (1997 No 42) by inserting the words “and also includes a public footpath;”
.
Road: paragraph (a) of this definition was substituted, as from 28 July 1997, by section 2(3) Electricity Amendment Act 1997 (1997 No 42).
Section 2(1) road paragraph (b): amended, on 1 August 2008, by section 50(1) of the Land Transport Management Amendment Act 2008 (2008 No 47).
Road: in paragraph (c) of this definition the references to sections 315 to 327 of Te Ture Whenua Maori Act 1993 and section 320 have been substituted for the references to Part 27 of the Maori Affairs Act 1953 and section 421.
Subsection (3) was repealed, as from 28 September 1993, by section 2(1) Electricity Amendment Act 1993 (1993 No 143).
Subsections (3) to (5) were inserted, as from 8 August 2001, by section 7(3) Electricity Amendment Act 2001 (2001 No 40). See section 19 of that Act (for the transitional provision for Transpower's pricing methodology on and after 26 July 2001); section 20 (for the savings provision for Transpower's pricing methodology before 26 July 2001); and section 21 (for validations of actions by persons without electricity operator status).