New Zealand Legislation: Acts

22 Agents and contractors

• (1) A licence may prohibit or restrict the licence holder from appointing agents or contractors to carry out any rail activities of the licence holder without the consent of the Agency (which consent may not be unreasonably withheld).

  (2) Every licence has the condition that,—

  • (a) if any rail activities of the licence holder are carried out by another person who does not hold a licence to carry out those rail activities, the licence holder must take all reasonable steps (including providing necessary monitoring personnel and resources) to ensure that the person carries out those rail activities in accordance with—

    • (i) the licence; and

    • (ii) the licence holder's approved safety case and safety system; and

    • (iii) any relevant rules; and

  • (b) the licence holder must give written notice to the Agency of the appointment of, or a change in, any of the principal agents or contractors engaged by the licence holder to carry out any or all of the licence holder's rail activities.

  Section 22(1): amended, on 1 August 2008, by section 50(1) of the Land Transport Management Amendment Act 2008 (2008 No 47).

  Section 22(2)(b): amended, on 1 August 2008, by section 50(1) of the Land Transport Management Amendment Act 2008 (2008 No 47).