New Zealand Legislation: Acts

28 Power of Agency to prohibit operation, impose conditions, or detain or immobilise rail vehicles or railway infrastructure

• (1) If the Agency believes, on reasonable grounds, that the operation or use of a rail vehicle or class of rail vehicle or any railway infrastructure may endanger persons or property and that prompt action is necessary to prevent the risk, the Agency may do either of the following:

  • (a) prohibit, or impose conditions on, the operation or use of the rail vehicle or rail vehicles of that class or railway infrastructure; or

  • (b) detain or immobilise the rail vehicle or any rail vehicle of that class or railway infrastructure, if the Agency considers it necessary to prevent its operation or use.

  (2) If a power is exercised under subsection (1), the Agency must, by written notice to each rail operator and access provider concerned, inform the rail operator or access provider (as the case requires) of—

  • (a) the reasons for the action taken; and

  • (b) the right of appeal under section 68.

  (3) If a rail vehicle or class of rail vehicle or any railway infrastructure is detained or immobilised under subsection (1), the following provisions apply:

  • (a) the detention or immobilisation may be effected in the manner and imposed for the duration that will cause only as much disruption to the rail activities as is reasonably necessary to avoid endangering persons or property:

  • (b) if a rail vehicle or any railway infrastructure, or any parts of the vehicle or infrastructure, is required for the purpose of a prosecution or safety assessment under this Act or any other Act, the Agency may detain the rail vehicle or railway infrastructure, or parts of the vehicle or infrastructure, for the period that the Agency considers necessary for that purpose:

  • (c) the rail operator or access provider concerned may have access to the rail vehicle or railway infrastructure for the purpose of obtaining evidence for a prosecution or safety assessment.

  Compare: 1989 No 74 s 39E

  Section 28 heading: amended, on 1 August 2008, by section 50(1) of the Land Transport Management Amendment Act 2008 (2008 No 47).

  Section 28(1): amended, on 1 August 2008, by section 50(1) of the Land Transport Management Amendment Act 2008 (2008 No 47).

  Section 28(1)(b): amended, on 1 August 2008, by section 50(1) of the Land Transport Management Amendment Act 2008 (2008 No 47).

  Section 28(2): amended, on 1 August 2008, by section 50(1) of the Land Transport Management Amendment Act 2008 (2008 No 47).

  Section 28(3)(b): amended, on 1 August 2008, by section 50(1) of the Land Transport Management Amendment Act 2008 (2008 No 47).