75 Access to railway by easements or for works

(1)

Despite anything in any other Act, no person may exercise a right under an easement, or construct or carry out work on, over, or under any railway infrastructure or railway premises, without having first sought and obtained the written permission of the licensed access provider or railway premises owner concerned.

(1A)

The New Zealand Railways Corporation, and any other licensed access provider that the Minister, by notice in the Gazette, declares to be subject to this subsection, must publish, on a publicly available Internet site, the criteria that the Corporation or other body will apply when considering whether to grant permission under subsection (1), and must apply those criteria when considering whether to grant permission.

(1B)

If a local authority or owner of any pipe, line, or other work associated with wastewater or the supply of water, electricity, gas, or telecommunications requests, in writing, permission for access to any railway infrastructure or railway premises for the purpose of carrying out work on any such pipe, line, or other works, the licensed access provider or railway premises owner must respond to the request, in writing, within 30 working days of receiving the request.

(2)

The licensed access provider or railway premises owner may require the person to execute a deed or agreement setting out the conditions subject to which the permission is granted.

(3)

Permission given under subsection (1) is not negated by a change in the licensed access provider or railway premises owner.

(4)

If a condition in a deed or agreement executed under subsection (2) constitutes a charge, that charge must be reasonable.

(5)

Before granting a permission, the licensed access provider or railway premises owner must consult with any other rail participants who may be affected by the easement or work.

(6)

A licensed access provider or railway premises owner—

(a)

may refuse to grant a permission sought under subsection (1) only if the licensed access provider or railway premises owner has reasonable grounds to do so that relate to the carrying out or safety of rail activities; and

(b)

may not charge any amount for considering or deciding on a permission sought under subsection (1).

(7)

The rental (if any) from an easement granted to a public body on, over, or under a railway at a level crossing may be no more than nominal.

Compare: 1992 No 111 s 12

Section 75(1A): inserted, on 6 August 2010, by section 26(2) of the Infrastructure (Amendments Relating to Utilities Access) Act 2010 (2010 No 99).

Section 75(1B): inserted, on 6 August 2010, by section 26(2) of the Infrastructure (Amendments Relating to Utilities Access) Act 2010 (2010 No 99).