Reprint as at 12 December 2012
Changes authorised by section 17C of the Acts and Regulations Publication Act 1989 have been made in this reprint.
A general outline of these changes is set out in the notes at the end of this reprint, together with other explanatory material about this reprint.
This Act is administered by the Ministry of Business, Innovation and Employment.
Title
[Repealed]
1 Short Title and commencement
1A Purposes
Part 1Preliminary provisions
2 Interpretation
3 Application
4 Act to bind the Crown
Part 2General
Gas operators
5 Declaration of person as gas operator
Functions and powers of Secretary
6 Functions of Secretary
7 Inspection of distribution systems, etc
8 Report to be compiled
9 Special powers of Secretary
10 Objections to Secretary’s requirements
11 Effect of notice or requirement pending hearing
12 Procedure on hearing of objection
13 Appeal on question of law
14 Secretary 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 Secretary
21 Obstructing Secretary
22 Privilege against self-incrimination
Part 3Powers 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 4Gas 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 4AGovernance of gas industry
Subpart 1—General 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
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 2—Co-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 3—Governance of gas industry by Energy Commission
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 4—Exemptions from restrictive trade practice provisions of Commerce Act 1986
43ZZR Authorisations for purposes of Commerce Act 1986
Part 5Miscellaneous 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
56B Offences for actions or omissions likely to cause serious harm or significant property damage
57 Other offences
57A Time for laying information
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 1Enactments repealed
Schedule 2Enactments amended
Schedule 3Regulations revoked
Gas Amendment Act 2004
Gas Amendment Act 2006
Infrastructure (Amendments Relating to Utilities Access) Act 2010
Reprint notes
Title: repealed, on 4 May 2010, by section 4 of the Gas Amendment Act 2006 (2006 No 71).