Reprint as at 17 June 2014

Gas Act 1992

Public Act1992 No 124
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 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Title [Repealed]

1 Short Title and commencement

1A Purposes

Part 1
Preliminary provisions

2 Interpretation

3 Application

4 Act to bind the Crown

Part 2
General

Gas operators

5 Declaration of person as gas operator

Functions and powers of WorkSafe and Secretary

6 Functions of WorkSafe

6A Functions of Secretary

6B WorkSafe and Secretary must share information

7 Inspection of distribution systems, etc

8 Report to be compiled

9 Special powers of WorkSafe

10 Objections to WorkSafe's requirements

11 Effect of notice or requirement pending hearing

12 Procedure on hearing of objection

13 Appeal on question of law

14 WorkSafe may require immediate compliance

15 Appeal against decision on application for injunction

16 Assessors

17 Notification of accidents

17A Transfer of accident information

18 Interference with scene of accident

19 Inquiries into accidents

20 Assistance to WorkSafe

21 Obstructing WorkSafe

22 Privilege against self-incrimination

Part 3
Powers and duties of gas operators and other owners of gas fittings

23 Protection of existing fittings

24 Rights of entry in respect of existing fittings

25 Construction or maintenance of fittings on roads

25A Criteria for setting reasonable conditions

26 Notice to be given before work undertaken

27 Offence

28 Appeals in relation to conditions imposed

29 Determination of appeals

30 Appeal on question of law

31 Charging for access to road reserve

32 Rights of entry in respect of level crossings

33 Local authority, etc, may require fittings to be moved

34 Cost of work required under section 33

35 Government Roading Powers Act 1989 not to apply

36 Owners and occupiers of private land and buildings may move fittings

Part 4
Gas codes of practice

37 Issue of gas code of practice

38 Code may incorporate official standards by reference

39 Code to be approved by Minister

40 Availability of codes

41 Emergency amendment of code

42 Citation of code

43 Proof of code

Part 4A
Governance of gas industry

Subpart 1General and regulation-making powers

Preliminary provisions

43A Purpose

43B Outline of Part

43C Outline of regulation-making powers

43D Interpretation

Dispute resolution

43E Access to dispute resolution scheme

43EAA Indemnity disputes

43EA Membership of dispute resolution scheme

43EB Compliance with rules and binding settlements

43EC Offence to fail to comply with District Court order

Gas industry regulation-making powers

43F Gas governance regulations for wholesale market, processing facilities, transmission, and distribution of gas

43G Other gas governance regulations

43H Low fixed charge tariff option for domestic consumers

Process for making recommendations for gas governance regulations

43I Which gas governance regulations can be made if there is no industry body or Commission

43J Which gas governance regulations can be made if there is industry body but no Commission

43K Which gas governance regulations can be made if there is Commission

43L Consultation before making recommendation for gas governance regulations

43M Other process for making recommendations for gas governance regulations

43N Assessment of proposed gas governance regulations

43O Process after making recommendation for gas governance regulation

43P Urgent regulations

Gas governance rules

43Q Gas governance rules

43R Method of making gas governance rules

Supplementary provisions

43S Supplementary empowering provision for regulations and rules

43T Supplementary empowering provision for regulations

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

43U Party must co-operate with investigations

43V Privileges protected

43W Limits on investigation powers

43X Rulings Panel may make certain orders

43Y Restriction of remedies

43Z Limit on tort claims against service providers

Appeals

43ZA Appeals on ground of lack of jurisdiction

43ZB Judicial review not precluded

43ZC Appeals on question of law in relation to decisions by industry body, Commission, or Rulings Panel

43ZD Right of appeal against suspension or termination orders

43ZE Persons entitled to appeal

43ZF Determination of appeals

43ZG High Court may refer appeals back to industry body, Commission, or Rulings Panel for reconsideration

43ZH Provisions pending determination of appeal

43ZI High Court may order proceedings be heard in private

43ZJ Appeal to Court of Appeal in certain cases

Subpart 2Co-regulation of gas industry

43ZK Purpose of subpart

Approval of industry body

43ZL Approval of industry body

43ZM Revocation of approval of industry body

Objectives of industry body in relation to recommendations for gas governance regulations

43ZN Objectives of industry body in recommending regulations for wholesale market, processing facilities, transmission, and distribution of gas

GPS objectives and outcomes

43ZO Setting of GPS objectives and outcomes

43ZP What Minister can do with industry body recommendations about wholesale market, processing facilities, transmission, and distribution of gas

Industry body statement of intent

43ZQ Industry body statement of intent

43ZR Extra information required in statement of intent for first financial year

43ZS Application and term of statement of intent

43ZT Process for providing statement of intent to Minister

43ZU Amendments by industry body

43ZV Statement of intent must be publicised

Industry body annual report

43ZW Annual report

43ZX Disclosure of payments in respect of industry body board members and employees

43ZY Annual report must be presented to House of Representatives

Miscellaneous provisions

43ZZ Publication of industry body documents

43ZZA Auditors

Levy to fund industry body

43ZZB Industry body recommendation for levy regulations

43ZZC Costs that may be met from levy

43ZZD Minister must accept recommendations if certain conditions met

43ZZE Levy regulations that may be made

43ZZF Expiry of subpart

Subpart 3Governance of gas industry by Energy Commission

Preliminary provisions

43ZZG Purpose

Energy Commission

43ZZH Commission to govern gas industry established

43ZZI Continuation of Commission's functions, objectives, etc

43ZZJ Additional principal objective of Energy Commission

43ZZK Additional specific outcomes in relation to gas

43ZZL Additional functions

43ZZM Additional members and their duties

Role of Energy Commission in relation to gas governance regulations and rules

43ZZN Objectives of recommendations

43ZZO Consultation and accountability sections apply

43ZZP Levy of industry participants

43ZZQ Amendments to Ombudsmen Act 1975 and Public Finance Act 1989

Subpart 4Exemptions from restrictive trade practice provisions of Commerce Act 1986

43ZZR Authorisations for purposes of Commerce Act 1986

Part 5
Miscellaneous provisions

General

44 Gas suppliers

45 Standards for gas supply

46 Safety requirements for distribution systems, etc

46A Owners or operators of gas supply systems must have safety management system

46B Offence to breach requirement to have safety management system

47 Testing and inspection of gasfitting work

48 Power of entry

49 Power to require information [Repealed]

50 Conditions relating to power to enter land or premises

51 Compensation for damage

52 Penalty for obstructing officers

53 Notices in relation to Maori land

Regulations—General

54 Regulations

54A Regulations that prescribe requirements for safety management systems

54B Miscellaneous provisions relating to regulations that prescribe requirements for safety management systems

Regulations—Information disclosure

55 Regulations relating to information disclosure

56 Information to be supplied to Secretary

56A Reasonable charge may be imposed for providing copies of statements

Miscellaneous provisions

56B Offences for actions or omissions likely to cause serious harm or significant property damage

57 Other offences

57A Time for filing charging document

57B Infringement offences

57C Infringement notices

57D Procedural requirements for infringement notices

57E Payment of infringement fee

57F Effect of infringement notice

58 Repeals, revocations, and consequential amendments

59 Savings

Amendment to Gas Act 1982

60 Power to execute works on private land

Schedule 1
Enactments repealed

Schedule 2
Enactments amended

Schedule 3
Regulations revoked

Gas Amendment Act 2004

Gas Amendment Act 2006

Infrastructure (Amendments Relating to Utilities Access) Act 2010

Reprint notes


Title [Repealed]

  • Title: repealed, on 4 May 2010, by section 4 of the Gas Amendment Act 2006 (2006 No 71).