New Zealand Legislation: Acts

9 General safety duties of other persons

• (1) Every person on or near a rail vehicle, railway infrastructure, or railway premises commits an offence who fails to take all practicable steps to ensure that no individual dies or is seriously injured, and that no property is significantly damaged, as a result of any act or omission of that person.

  (2) Every person commits an offence who, not having lawful authority to do so, knowingly—

  • (a) places or moves any rail vehicle or other object on a railway line or leaves any rail vehicle or other object on any part of a railway line; or

  • (b) moves, changes, or otherwise interferes with any signal, points, or stop blocks, or shows any signal likely to mislead; or

  • (c) causes or uses or attempts to use, or interferes with or attempts to interfere with, any braking appliances provided in any rail vehicle; or

  • (d) interferes with any railway line, structure, formation, tunnel, bridge, or other part of a railway; or

  • (e) interferes with any telecommunications or radio facility or signal, or gives any false or misleading information by means of any message, signal, or radio that will affect the operation of any rail vehicle; or

  • (f) enters upon any part of a railway line or rail vehicle with the intention of doing any of the acts mentioned in paragraphs (a) to (e).

  (3) Every person commits an offence who, not having lawful authority to do so, knowingly causes or caused any of the acts mentioned in subsection (2).

  (4) This section does not apply to—

  • (a) rail participants; or

  • (b) any person to whom section 7(2) applies.

  Compare: 1992 No 111 s 24