This Act is administered by the Ministry of Economic Development.
1 Title
2 Commencement
3 Principal Act amended
4 Title repealed
5 New section lA inserted
1A Purposes
6 Interpretation
7 Functions of Secretary
8 Special powers of Secretary
9 Notification and investigation of accidents
10 New section 16A inserted
16A Transfer of accident information
11 Obstructing Secretary
12 New section 61A inserted
61A Electricity generators and electricity distributors must have safety management systems
13 New Parts 9 to 12 substituted
Part 9Restrictions on electrical work
74 Restrictions on doing or assisting with prescribed electrical work
Exemptions
75 Board may exempt person or class of persons from section 74
76 Exemption for work done under supervision
77 Exemption for trainees
78 Board may issue limited certificate for purposes of section 77
79 Exemption for domestic electrical wiring work
80 Exemption for maintenance of domestic appliances
Board may cancel application of exemption
81 Board may cancel application of exemption to any person
Testing, certification, and inspection
82 Testing, certification, and inspection
83 Power of entry
Part 10Registration and licensing of electrical workers and employer licences
Subpart 1—Electrical worker registration and licensing
Classes of registration
84 Classes of registration may be designated by Board
85 Board may prescribe other registration and licensing matters
86 Minimum standards for registration
87 Principles guiding prescribing of registration and licensing matters
88 Board must consult before publishing notices
89 Notices published under sections 84 and 85 must be approved by Minister
90 Other provisions relating to notices under sections 84 and 85
How to become registered
91 Entitlement to registration
92 Applications for registration
93 Board may issue provisional licence pending consideration of application
94 Duration of provisional licence
95 Board to consider application
96 Board to register applicant or decline application
97 Registration subject to terms and conditions
How to become licensed
98 Practising licence required
99 Entitlement to practising licence
100 Applications for practising licence
101 Board to consider application
102 Board to issue practising licence or decline application
103 Practising licence subject to terms and conditions
Duration and renewal of practising licence
104 Duration of practising licence
105 Applications for renewal of practising licence
106 Renewal of practising licence
Exemptions from registration and practising licence requirements and conditions
107 Board may grant exemptions from registration and practising licence requirements and conditions
Competence
108 Competence programmes
109 Unsatisfactory results of competence programme
Cancellation and suspension
110 Cancellation and suspension generally
111 Effect of suspension
112 Board may cancel registration or licence if obtained wrongfully
113 Cancellation or suspension of overseas qualification, certificate, registration, or licence
Miscellaneous provision
114 Board may delegate power to Plumbers, Gasfitters, and Drainlayers Board to act under this subpart
Subpart 2—Employer licences
115 Employer licence
116 Requirements treated as satisfied if person obtains certification from approved person
117 Prescribed electrical work may be done under employer licence
118 Duration of employer licence
119 Renewal of employer licence
120 Cancellation, suspension, and other actions in relation to employer licences
121 Board must give employer licence holder reasonable opportunity to be heard
122 Miscellaneous provisions concerning actions under section 120
123 Powers of inspection
Subpart 3—Register of electrical workers
124 Register of electrical workers
125 Registrar must enter matters in register
126 Purpose of register
127 Form of register
128 Matters to be contained in register
129 Historical registration and licence information and documentation to be included in register
130 Duty to notify change of address
131 Duty to notify change of name
132 Revision of register
133 Restoration of registration or licence
134 Board may direct Registrar to record cancellation, suspension, or order
135 Alterations to register
136 Register to be public
137 Restricting public access to information and documents on register
138 Search of register
139 Search criteria
140 Search purposes
141 When search constitutes interference with privacy of individual
Part 11Disciplinary provisions
Preliminary provisions
142 Persons to whom this Part applies
143 Disciplinary offence
Complaints
144 Complaints
Investigations
145 Secretary must appoint investigator
146 Investigation of complaint
147 Investigator's powers
147A Secretary must supply warrant of authority
147B Duties of investigator supplied with warrant of authority
147C Restriction on entry to dwellinghouse
147D Investigator must give notice to occupier of dwellinghouse
147E Notices to supply information or documents
147F Offence to fail to comply with notice to supply information or document
Consideration of complaint by Board
147G Board must hold hearing if investigator reports that complaint should be considered by Board
147H Notice of disciplinary proceedings
Interim suspension or disqualification
147I Interim suspension or disqualification
147J Form of interim suspension or disqualification order
147K Revocation of interim suspension or disqualification
147L Board must take reasonable steps to hold hearing as soon as practicable if it makes interim suspension or disqualification order
Exercise of disciplinary powers
147M Disciplinary powers of Board
147N Costs and expenses
147O Enforcement of fines, costs, and expenses
147P Suspension, restriction, or disqualification may take effect immediately
147Q Effect of disqualification
147R Consequences of failure to comply with order to pass examination, complete competence programme, or attend course of instruction
Procedure and miscellaneous matters
147S Right to appear and be heard
147T Investigator to prosecute matter
147U Appointment of legal advisor to assist Board
147V Appointment of persons to assist investigator
147W Evidence
147X Board to have powers of commission of inquiry
147Y Orders to be in writing
147Z Publication of orders
Part 12Appeals
147ZA Appeals
147ZB Time for lodging appeal
147ZC Procedure on appeal
147ZD Court may refer appeals back for reconsideration
147ZE Costs
147ZF Power of Court to prohibit publication of person's name or affairs
147ZG Decision to continue in force pending appeal
147ZH Appeal on question of law
14 New section 149 substituted
149 Functions of Board
15 Membership
16 Meetings to be held in public
17 Heading and sections 154 and 155 repealed
18 Rules of natural justice to be observed
19 New sections 156A and 156B inserted
156A Power to amend or revoke
156B Notice and service of documents by Board, member, Registrar, or investigator
20 New section 157 substituted
157 Further provisions applying to Board
21 Conditions relating to power to enter land or premises
22 New sections 160 to 163D substituted
160 False declarations and representations
161 Unlicensed or unregistered person must not claim to be licensed or registered
162 Offence to engage in prescribed electrical work in breach of section 74
163 Offence to employ person to engage in prescribed electrical work in breach of section 74
163A Offence to fail to comply with condition of employer licence
163B Offence to breach requirement to have safety management system
163C Offences for actions or omissions likely to cause serious harm or significant property damage
163D Other offences
23 Time for laying information
24 New heading and sections 165A to 165E inserted
Infringement offences
165A Infringement offences
165B Infringement notices
165C Procedural requirements for infringement notices
165D Payment of infringement fee
165E Effect of infringement notice
25 New section 167 substituted
167 Certificate by Registrar to be evidence of various matters
26 Regulations
27 New sections 169A and 169B inserted
169A Regulations that prescribe requirements for safety management systems
169B Miscellaneous provisions relating to regulations that prescribe requirements for safety management systems
28 Schedule 2 amended
Transitional provisions
29 Exercise of power to prescribe registration and licensing matters before commencement of certain provisions
30 Board must consider designating classes of registration that replace or correspond to former types of registration
31 Exercise of regulation making powers before commencement of certain provisions
32 Registered persons continue to be registered persons
33 Registered persons who hold current practising licences under principal Act continue to hold practising licences
34 Persons holding provisional licences
35 Persons holding employer licences
36 Board may vary licence or registration or impose conditions, limitations, or restrictions on licence or registration
37 Applications pending at commencement of section
38 Provisions relating to persons whose registration is suspended
39 Continuation of pending investigations, inquiries, and disciplinary proceedings
40 Complaints about conduct before commencement of this section
41 Hearing concerning conduct before commencement of this section
42 Regulations for transitional and savings purposes
43 Acts amended
ScheduleConsequential amendments arising from Electricity Act 1992 amendments
Legislative history
The Parliament of New Zealand enacts as follows: