New Zealand Legislation: Acts
Acts are laws made by Parliament
Reprint as at 23 July 2011
| Public Act | 2005 No 37 |
| Date of assent | 20 April 2005 |
| Commencement | see section 2 |
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 Transport
Subpart 1—Duties of rail participants and other persons
7 General safety duties of rail participants and persons working for rail participants
8 Relationship of Act with Health and Safety in Employment Act 1992
9 General safety duties of other persons
10 Rail operators and access providers must hold licences
11 Duty to comply with licences, safety cases, and safety systems
12 Duty to comply with instructions from network controllers
13 Duties in relation to accidents and incidents
14 Duty of rail participants to comply with dangerous goods provisions of Land Transport Act 1998
Subpart 2—Licensing of rail participants
15 Certain rail participants must be licensed
18 Transfer or assignment of licence prohibited
Suspensions, revocations, and other conditions of licences
23 Power of Agency to suspend licence or impose temporary conditions
24 Power of Agency to revoke licence or impose permanent conditions
25 Matters relating to action taken under section 23 or section 24
26 Power of Agency to amend or revoke licences in other cases
27 Rights of persons affected in relation to adverse decisions
28 Power of Agency to prohibit operation, impose conditions, or detain or immobilise rail vehicles or railway infrastructure
Subpart 3—Safety cases, safety systems, and improvement plans
29 Proposed safety case to accompany application for licence
31 Matters to be taken into account in considering proposed safety case
33 Application to replace or vary approved safety case
34 Requirement by Agency to replace or vary approved safety case
35 Procedure for replacement or variation of approved safety case
37 Ordinary and special safety assessments
38 Safety assessor must consult
40 Matters included in safety assessment report
41 Costs of safety assessments
42 Notification of requirement for improvements
44 Extension of time to complete remedial action
45 Appointment of safety assessors
46 Functions and duties of safety assessors
47 Powers of safety assessors to obtain information, etc
48 Powers of entry of safety assessors
Subpart 5—Rules and regulations
49 Minister's power to make ordinary rules
50 Rules concerning behaviour on railways or railway premises
51 Rules concerning dangerous goods
52 Rules concerning rail vehicles, railway premises, and railway infrastructure
53 Rules concerning authorisation, standard-setting, etc
54 Other provisions concerning ordinary rules
55 Procedure concerning ordinary rules
56 Agency may make emergency rules
57 General provisions concerning making of rules
60 Regulations relating to fees and charges for rail transport
Subpart 6—Offences and remedies
61 Failure to comply with safety duties
63 Failure to report accident or incident
64 Obstructing safety assessor
65 Liability of employers and principals
66 Liability of directors of bodies corporate
67 Power to prohibit or restrict persons from being involved in rail activities
70 Decision of Agency to continue in force pending appeal, etc
71 Appeal to High Court on question of law
72 Further appeal to Court of Appeal
Subpart 1—Protection of rail corridor
73 Trespass relating to railway
75 Access to railway by easements or for works
76 Lights, etc, liable to be confused with railway signals
77 Power to prevent damage to railway
Subpart 2—Interaction of rail and road
80 Rail vehicles have right of way
81 Notices and warning devices at level crossings
Subpart 3—Construction and maintenance of railways
85 Landowner has no interest in railway lines
86 Right of entry to existing railway infrastructure
87 Maintenance of railway infrastructure on roads
88 Notice of alteration to railway lines or works on roads
89 Appeals in relation to conditions imposed
90 Appeals on questions of law
91 No charging for access to road reserve
Subpart 4—Offences and certificates
93 Certificates by infrastructure owners or licensed access providers
99 Issue of infringement notice
100 Contents of infringement notices and reminder notices
102 Appointment of enforcement officers
Repeals and transitional provisions
103 Repeals, revocations, and consequential amendments
104 Repeals by Order in Council
105 Issue of licences to persons holding rail service licences under Transport Services Licensing Act 1989
106 Provisions relating to persons requiring licences who do not hold rail service licences under Transport Services Licensing Act 1989
107 Safety audits under Transport Services Licensing Act 1989
108 Decisions of Agency under Transport Services Licensing Act 1989
109 Applications under Transport Services Licensing Act 1989
110 Court proceedings under Transport Services Licensing Act 1989
111 Application of Transport Services Licensing Act 1989 to licences issued under this Act
Schedule 1
Acts consequentially amended
Schedule 2
Regulations consequentially amended
Infrastructure (Amendments Relating to Utilities Access) Act 2010
