4 Interpretation

(1)

In this Act, unless the context otherwise requires,—

access provider, in relation to a railway line, means the person who controls the use of that railway line by rail operators (including that person if it is also a rail operator), whether or not that person engages rail personnel to exercise or assist in exercising that control on its behalf; but does not include those rail personnel

accident means an occurrence associated with the operation of a rail vehicle or the use of railway infrastructure or railway premises that causes—

(a)

the death of, or serious injury to, individuals; or

(b)

significant damage to property

Agency means the New Zealand Transport Agency established under section 93 of the Land Transport Management Act 2003

amusement device

(a)

means an appliance—

(i)

to which the motion of a prime mover is transmitted; and

(ii)

that is used, or designed or intended to be used, for the amusement, recreation, or entertainment of persons being carried, raised, lowered, or moved by the appliance or any part of the appliance while it is in motion; and

(b)

includes the prime mover, transmission machinery, supporting structure, and any equipment used or intended to be used in connection with the appliance

approved safety case means a safety case that the Agency has approved under section 32; and includes any variation approved or confirmed under section 35

Commission means the Transport Accident Investigation Commission established under section 3 of the Transport Accident Investigation Commission Act 1990

director,—

(a)

in relation to a company, has the same meaning as in section 126 of the Companies Act 1993 as if—

(i)

this Act were referred to in subsections (1)(b) to (d), (2), and (3) of that section; and

(ii)

subsection (1A) of that section were omitted:

(b)

in relation to any other body corporate, means a person occupying a position in, or in relation to, the body corporate that is comparable with that of a person who is a director of a company within the meaning of paragraph (a)

enforcement officer

(a)

means any of the following:

(i)

a constable:

(ii)

a Police employee who is not a constable who is authorised by the Commissioner to be an enforcement officer for the purposes of the Land Transport Act 1998:

(iii)

a person who is appointed as an enforcement officer or a dangerous goods enforcement officer for the purposes of the Land Transport Act 1998 by warrant under section 208 of that Act or who holds that office by virtue of that Act:

(iv)

a person who is appointed as an enforcement officer by warrant under section 102 or who holds that office by virtue of this Act; but

(b)

does not include a safety assessor

equipment includes software

health and safety regulator has the same meaning as regulator in section 16 of the Health and Safety at Work Act 2015

incident means an occurrence, other than an accident, that is associated with the operation of a rail vehicle or the use of railway infrastructure or railway premises that placed, or could have placed,—

(a)

a person at risk of death or serious injury; or

(b)

property at risk of significant damage

infrastructure owner means a person who owns, or leases for a period of 7 years or more, any railway infrastructure, whether or not that person engages rail personnel to exercise or assist in exercising the rights and duties of ownership on its behalf; but does not include those rail personnel

level crossing

(a)

means any place where—

(i)

a railway line crosses a road on the same level; or

(ii)

the public is permitted to cross a railway line on the same level; and

(b)

includes a bridge used for both rail vehicles and road traffic on the same level; but

(c)

does not include a railway line on a road that is intended solely for the use of light rail vehicles

licence means a licence granted under section 17 that is in force

licence holder means a person who—

(a)

is required to hold a licence under section 15; and

(b)

was granted a licence under section 17

light rail vehicle

(a)

means a rail vehicle that is designed to run on or along a road with other road vehicles and users; and

(b)

includes a tram; but

(c)

does not include—

(i)

a rail vehicle approaching or on a level crossing; or

(ii)

a rail vehicle while it is on a railway line that is not on a road

maintenance provider means a person who provides maintenance services for any railway infrastructure or rail vehicle, whether or not that person engages rail personnel to do so on its behalf; but does not include those rail personnel

Minister means the Minister of the Crown who, under the authority of any warrant or with the authority of the Prime Minister, is for the time being responsible for the administration of this Act

network controller means a person who authorises entry onto, occupancy of, or movement of rail vehicles on a railway line, whether or not that person engages rail personnel to do so on that person’s behalf; but does not include that rail personnel

ordinary safety assessment means a safety assessment undertaken of all parts or any part of a rail participant’s rail activities to enable the Agency

(a)

to gain appropriate assurances that those rail activities will continue to be conducted safely; or

(b)

to determine the action that must be taken by the rail participant so that those assurances may be gained

prime mover means an engine, motor, or other appliance that provides mechanical energy derived from steam, water, wind, electricity, gas, gaseous products, compressed air, the combustion of fuel, or any other source

rail activities has the meaning specified in subsection (2)

rail document means a document that a rail participant or any rail personnel is required to hold under this Act; and includes a licence

rail operator means a person who provides or operates a rail vehicle, whether or not that person engages rail personnel to do so or to assist in doing so on its behalf; but does not include those rail personnel

rail participant means any of the following:

(a)

an infrastructure owner:

(b)

a rail vehicle owner:

(c)

a railway premises owner:

(d)

an access provider:

(e)

a rail operator:

(f)

a network controller:

(g)

a maintenance provider:

(h)

a railway premises manager:

(i)

any other class of person prescribed as a rail participant by regulations

rail personnel, in relation to a rail participant, means an individual engaged by the rail participant or by an agent or contractor of the rail participant, whether as an employee, agent, contractor, or volunteer, for the purposes of carrying out, or assisting in carrying out, rail activities of the rail participant

rail traffic control equipment means train control and signal equipment and systems

rail vehicle

(a)

means any vehicle that runs on, or uses, a railway line; and

(b)

includes—

(i)

a locomotive, rail carriage, rail wagon, railcar, light rail vehicle, rail maintenance vehicle (whether or not self-propelled), and any other vehicle prescribed as a rail vehicle by regulations; and

(ii)

a vehicle designed to operate both on rails and off rails, but only when that vehicle is running on rails

rail vehicle owner means a person who owns, or leases for a period of 7 years or more, a rail vehicle, whether or not that person engages rail personnel to exercise or to assist in exercising the rights and duties of ownership on its behalf; but does not include those rail personnel

railway means the railway infrastructure, rail vehicles, and other property (other than railway premises), including property specified by regulations made under section 59(j) and vehicles prescribed under section 59(k), that together are being used for the purpose of transporting people or goods by rail; but excludes—

(a)

a railway used as an amusement device:

(b)

a railway that operates on a set of rails with a gauge of less than 550 mm between them, unless that set of rails is designated as a railway line under section 59(l):

(c)

a railway that operates on a railway line excluded by regulations made under section 59(m):

(d)

a private cable car

railway infrastructure means—

(a)

railway lines:

(b)

rail traffic control equipment:

(c)

communications equipment:

(d)

electrical traction equipment:

(e)

any other property specified as railway infrastructure in regulations

railway line

(a)

means a single rail or set of rails, having a gauge of 550 mm or greater between them, laid for the purposes of transporting people or goods by rail; and

(b)

includes—

(i)

sleepers, associated formation and ballast, tunnels, and bridges; and

(ii)

in relation to a single rail or set of rails that are laid on a road for the purposes of 1 or more light rail vehicles,—

(A)

any area between the rails; and

(B)

the area that extends 500 mm outside the extremity of any light rail vehicle being used on that single rail or set of rails; and

(iii)

a set of rails, having a gauge of less than 550 mm between them, that is designated as a railway line in regulations made under section 59(l); and

(iv)

except as provided in subparagraph (ii), any area within 5 m of a single rail or within 5 m of a line drawn midway between a set of rails; but

(c)

excludes—

(i)

a railway line that is part of a railway used as an amusement device:

(ii)

a railway line excluded by regulations made under section 59(m):

(iii)

a railway line that exclusively serves private cable cars

railway premises means the land, buildings, or structures that are—

(a)

located near a railway line; and

(b)

used for the purposes of, in connection with, or for obtaining access to, a railway

railway premises manager means a person who manages and operates any railway premises, whether or not that person engages rail personnel to do so or to assist in doing so on its behalf; but does not include those rail personnel

railway premises owner means a person who owns, or leases for a period of 7 years or more, any railway premises, whether or not that person engages rail personnel to exercise or assist in exercising the rights and duties of ownership on its behalf; but does not include those rail personnel

regulations means regulations made under this Act

road has the same meaning as in section 315 of the Local Government Act 1974; and—

(a)

includes—

(i)

a road under the jurisdiction of a local authority; and

(ii)

a State highway within the meaning of section 2(1) of the Government Roading Powers Act 1989; but

(b)

does not include—

(i)

a footpath or private road within the meaning of section 315 of the Local Government Act 1974; or

(ii)

a motorway within the meaning of section 2(1) of the Government Roading Powers Act 1989; or

(iii)

a roadway laid out by order of the Maori Land Court under Part 27 of the Maori Affairs Act 1953 (repealed) or any former Act, unless—

(A)

that order has been cancelled; or

(B)

the roadway has been declared to be a road under section 421 of the Maori Affairs Act 1953 (repealed); or

(iv)

a level crossing

road controlling authority means the authority, body, or other person that has control of a road; and includes a person acting under, and within the terms of, any delegation or authorisation given by that authority, body, or other person

rule means an ordinary rule or emergency rule made under this Act

safety assessment means an ordinary safety assessment or a special safety assessment

safety assessor means a person appointed as a safety assessor under section 45

safety case means a document that contains the information specified in section 30

safety improvement plan means a plan required to be prepared under section 36

safety system, in relation to a rail participant, means a written record of all the rail participant’s management and operational policies and practices that relate to the safe conduct of its rail activities; and includes the rail participant’s operational and training manuals

special safety assessment means a safety assessment undertaken of all parts or any parts of a rail participant’s rail activities when the Agency believes, on reasonable grounds, that—

(a)

those rail activities could cause—

(i)

the death of, or serious injury to, individuals; or

(ii)

significant damage to property; and

(b)

there is a need for an early determination of the nature and extent of the action that the Agency would require the rail participant to take to mitigate that risk

transmission machinery means any shaft, wheel, drum, pulley, system of fast and loose pulleys, gearing, coupling, clutch, driving belt, chain, rope, band, or other device by which the motion of a prime mover is transmitted to or received by any machine or appliance.

(2)

In this Act, the rail activities of a rail participant, or for which a rail participant is responsible, are as follows:

(a)

in the case of an infrastructure owner, the ownership of railway infrastructure:

(b)

in the case of a rail vehicle owner, the ownership and management of rail vehicles:

(c)

in the case of a railway premises owner, the ownership and maintenance of railway premises (whether or not the railway premises owner is also a maintenance provider):

(d)

in the case of an access provider, the operation and maintenance of all railway infrastructure that is, or relates to, the railway lines controlled by the access provider (whether or not the access provider is also an infrastructure owner, maintenance provider, or network controller):

(e)

in the case of a rail operator, the operation and maintenance of rail vehicles (whether or not the rail operator is also a rail vehicle owner or maintenance provider):

(f)

in the case of a maintenance provider, the maintenance of any railway infrastructure or rail vehicles or railway premises:

(g)

in the case of a railway premises manager, the management and operation of railway premises:

(h)

in the case of a network controller, the authorisation of rail vehicles occupying or moving on a railway line:

(i)

in the case of a class of person prescribed as a rail participant by regulations, the activities prescribed by regulations as being the rail activities of persons of that class.

Section 4(1) Agency: inserted, on 1 August 2008, by section 50(1) of the Land Transport Management Amendment Act 2008 (2008 No 47).

Section 4(1) amusement device: inserted, on 4 April 2016, by section 232 of the Health and Safety at Work Act 2015 (2015 No 70).

Section 4(1) approved safety case: amended, on 1 August 2008, by section 50(1) of the Land Transport Management Amendment Act 2008 (2008 No 47).

Section 4(1) Authority: repealed, on 1 August 2008, by section 50(1) of the Land Transport Management Amendment Act 2008 (2008 No 47).

Section 4(1) Director: repealed, on 1 August 2008, by section 50(1) of the Land Transport Management Amendment Act 2008 (2008 No 47).

Section 4(1) enforcement officer paragraph (a)(i): amended, on 1 October 2008, pursuant to section 116(a)(vii) of the Policing Act 2008 (2008 No 72).

Section 4(1) enforcement officer paragraph (a)(ii): amended, on 1 October 2008, pursuant to section 116(d) of the Policing Act 2008 (2008 No 72).

Section 4(1) health and safety regulator: inserted, on 4 April 2016, by section 232 of the Health and Safety at Work Act 2015 (2015 No 70).

Section 4(1) ordinary safety assessment: amended, on 1 August 2008, by section 50(1) of the Land Transport Management Amendment Act 2008 (2008 No 47).

Section 4(1) prime mover: inserted, on 4 April 2016, by section 232 of the Health and Safety at Work Act 2015 (2015 No 70).

Section 4(1) railway paragraph (a): amended, on 4 April 2016, by section 232 of the Health and Safety at Work Act 2015 (2015 No 70).

Section 4(1) railway line paragraph (c)(i): amended, on 4 April 2016, by section 232 of the Health and Safety at Work Act 2015 (2015 No 70).

Section 4(1) road paragraph (a)(ii): amended, on 1 August 2008, by section 50(1) of the Land Transport Management Amendment Act 2008 (2008 No 47).

Section 4(1) road paragraph (b)(ii): amended, on 1 August 2008, by section 50(1) of the Land Transport Management Amendment Act 2008 (2008 No 47).

Section 4(1) special safety assessment: amended, on 1 August 2008, by section 50(1) of the Land Transport Management Amendment Act 2008 (2008 No 47).

Section 4(1) special safety assessment paragraph (b): amended, on 1 August 2008, by section 50(1) of the Land Transport Management Amendment Act 2008 (2008 No 47).

Section 4(1) transmission machinery: inserted, on 4 April 2016, by section 232 of the Health and Safety at Work Act 2015 (2015 No 70).

Section 4(1) WorkSafe: repealed, on 4 April 2016, by section 232 of the Health and Safety at Work Act 2015 (2015 No 70).