In this Act, unless the context otherwise requires,—

In this Act, point of supply, in relation to a property, means the point or points on the boundary of the property at which exclusive fittings enter that property, except that,—

and, in this definition,—

The new definition of point of supply in subsection (3)—

The new definition of point of supply in subsection (3) does not apply in any other particular case until the electricity distributor has—

This Act binds the Crown.

The Minister may, by notice in the Gazette, declare a person to be an electricity operator for the purposes of this Act or any provision or provisions of this Act if the Minister is satisfied that a declaration is necessary to enable the person to commence or carry on a business as an electricity distributor.

The Minister must, as soon as reasonably practicable, by notice in the Gazette, declare that a person ceases to be an electricity operator on a date stated in the notice if the Minister is satisfied that the person has ceased to carry on a business as an electricity distributor.

The Minister may, by notice in the Gazette, declare an electricity generator to be an electricity operator for the purposes of this Act, or any provision or provisions of this Act, if the Minister is satisfied—

The Minister must, as soon as is reasonably practicable, by notice in the Gazette, declare that a person ceases to be an electricity operator on a date stated in the notice if the Minister is satisfied that the person is no longer carrying out any of the activities referred to in subsection (1).

The functions of WorkSafe under this Act are—

This section is subject to section 5A.

The Secretary—

The Prime Minister may, by notice in the Gazette, specify—

If the Secretary carries out a function in relation to a specified matter, every reference to WorkSafe in the relevant specified provision must be read as if it were a reference to the Secretary.

Without limiting subsection (3), the Secretary has the powers necessary to carry out the functions in a specified provision in relation to a specified matter in accordance with this Act.

WorkSafe and the Secretary must work co-operatively to ensure that their functions under this Act and any regulations made under this Act are carried out in an effective and efficient manner.

In this section,—

WorkSafe must provide information to the Secretary if the information is necessary or desirable for the Secretary to carry out his or her functions under this Act.

The Secretary must provide information to WorkSafe if the information is necessary or desirable for WorkSafe to carry out its functions under this Act.

For the purposes of performing any of WorkSafe’s functions under this Act, WorkSafe may at any reasonable time inspect the whole or any part of any works, electrical installation, electrical appliance, or associated equipment.

For the purposes of carrying out an inspection under this section, WorkSafe may enter and re-enter any place.

Before carrying out any inspection under this section, WorkSafe shall give to the person who has control of the works, installation, electrical appliance, or associated equipment, and to the occupier of the land affected, reasonable notice of WorkSafe’s intention to carry out the inspection.

Where WorkSafe has entered any place under subsection (2), WorkSafe may—

This section shall apply notwithstanding anything to the contrary in section 52 of the Government Roading Powers Act 1989.

Where any inspection is carried out under section 6, the person who carries out the inspection shall—

WorkSafe may at any time, by notice in writing, require any person who has control of any works, electrical installation, or electrical appliance to take apart or dismantle any fittings to facilitate or assist an inspection for the purposes of this Act.

Where WorkSafe believes on reasonable grounds—

WorkSafe may do all such things, and require any person to do or refrain from doing all such things, as WorkSafe considers necessary to remove or minimise the danger or potential danger.

WorkSafe’s power to require a person to do a thing under subsection (2) includes the power to require, by written notice, that the person—

Every person who is required to produce documents or supply information under this section has the same privileges in relation to the production of the documents or the supply of the information as witnesses have in any court.

This section shall apply notwithstanding anything to the contrary in section 52 of the Government Roading Powers Act 1989.

Every person who is affected by any notice given under section 6(4)(b) or section 8(1), or any requirement made under section 8(2), may, within 15 working days after receiving the notice or being made subject to the requirement, object to that notice or requirement.

Every objection under subsection (1) shall be made by lodging a written notice of objection with the Registrar of the office of the District Court nearest to the place where the notice was given or the requirement made, or, with the consent of WorkSafe, with the Registrar of any other office of the District Court.

Every notice of objection shall specify the grounds of the objection.

The objector shall cause a copy of the notice of objection to be served on WorkSafe, either before or immediately after it is lodged with the Registrar.

The Registrar of the court shall give notice of the time and place fixed for the hearing of the objection to the objector and WorkSafe.

Subject to section 13, where a notice of objection is lodged under section 9, the notice or requirement to which the notice of objection relates shall be suspended until an order is made by the District Court under section 11(2), or until the withdrawal of the objection or the withdrawal of the notice or requirement, whichever occurs first.

On the hearing of an objection under section 9, both the objector and WorkSafe, either personally or by their counsel, shall be entitled to be present and be heard.

On hearing the objection, the court may by order confirm, reverse, or modify the notice or requirement.

Subject to section 12, every order made under subsection (2) shall be final.

Where any party to an objection under section 9 is dissatisfied with the decision of the District Court on that objection as being erroneous in point of law, that party may appeal to the High Court on the question of law only.

Subject to subsection (3), every appeal under this section shall be heard and determined in accordance with rules of court.

Subpart 8 of Part 6 of the Criminal Procedure Act 2011 applies as far as applicable with the necessary modifications to every appeal under this section.

Subject to section 13, where a notice of appeal is filed pursuant to this section, the notice or requirement to which the notice of appeal relates shall be suspended until the appeal has been determined or abandoned.

Notwithstanding sections 10 and 12(4), where a notice of objection is lodged under section 9 by any person in respect of any notice or requirement, WorkSafe may advise the objector that WorkSafe considers the situation to be one involving immediate danger to life or property, and on being so advised the objector shall immediately take active steps to comply with that notice or requirement.

Every person commits an offence who fails to comply immediately with any notice or requirement to which subsection (1) applies, and every such person shall be liable on conviction to a fine not exceeding $1,000 for every day or part of a day that such failure continues.

Without limiting the liability of any person to be convicted of an offence against subsection (2), both the High Court and the District Court shall each have jurisdiction to restrain any contravention or threatened contravention of subsection (1) by injunction on the application of WorkSafe, and to make such order in the matter as to costs and otherwise as it thinks fit.

No person shall be precluded by any contract or agreement from doing or refraining from doing any such acts as may be necessary to comply with the provisions of this section, or be liable under any contract or agreement to any penalty or forfeiture for doing or refraining from doing any such act.

A party to proceedings in the District Court on an application under section 13(3) may appeal to the High Court against any decision of the District Court.

The High Court Rules 2016 and sections 126 to 130 of the District Court Act 2016, with all necessary modifications, apply to an appeal under subsection (1) as if it were an appeal under section 124 of that Act.

On the ex parte application of the appellant, the District Court may order that the appellant must not be required under section 126(1) of the District Court Act 2016 to give the Registrar of the High Court security for costs.

Subsection (2) overrides subsection (1A).

A party to any appeal under subsection (1) may, with the leave of the Court of Appeal, appeal to the Court of Appeal against any determination of the High Court on a question of law arising in an appeal under that subsection.

On an appeal to the Court of Appeal under this section, the Court of Appeal shall have the same power to adjudicate on the proceeding as the High Court had.

The decision of the Court of Appeal on an appeal to that court under this section, and on an application to it under this section for leave to appeal, shall be final.

Subject to subsections (3) to (5), the decision of the High Court on an appeal to that court under this section shall be final.

Where any objection has been lodged under section 9, WorkSafe or the objector may ask for the objection to be heard with the assistance of 2 assessors, one to be appointed by WorkSafe and the other by the objector.

No person shall be appointed to act as an assessor unless he or she has special skill or knowledge relevant to the particular matter to be considered by the court.

There shall be paid, out of public money appropriated by Parliament for the purpose, to any assessors appointed under this section remuneration by way of fees, salary, or allowances, and travelling allowances and expenses, in accordance with the Fees and Travelling Allowances Act 1951; and the provisions of that Act shall apply accordingly as if the assessors were members of a statutory board within the meaning of that Act.

This section applies to every accident that—

Where any accident to which this section applies occurs in any place, the appropriate person shall notify WorkSafe of the particulars of the accident forthwith on becoming aware of the accident.

For the purposes of subsection (3), the appropriate person is as follows:

Every notice under this section shall be in the prescribed form (if any) and shall contain such particulars as are prescribed (if any).

Notification of an accident in accordance with either or both of the following provisions is compliance with subsection (3):

In this section, specified matter means a matter that is specified in a Gazette notice under section 5A(2).

If WorkSafe is notified of an accident under section 16 and the accident relates to a specified matter, WorkSafe must provide the notice and any particulars that WorkSafe has received to the Secretary.

If an accident relates to a specified matter, a person required to provide notification of any accident under section 16 may notify the Secretary in accordance with that section instead of WorkSafe.

No person shall interfere in any way with the scene of any accident to which section 16 applies without the permission of WorkSafe, or if WorkSafe is not present, a constable or an employee, volunteer, or contractor of Fire and Emergency New Zealand carrying out designated services, except to the extent that the person believes is necessary to avoid or minimise further injury or damage or to restore the safe supply of electricity.

Where any person does interfere in any way with the scene of any accident to which section 16 applies, the person shall as soon as practicable notify WorkSafe of the action the person has taken.

Nothing in subsection (1) applies in respect of any person who is investigating the accident pursuant to the Health and Safety at Work Act 2015.

In subsection (1), designated services has the same meaning as in section 6 of the Fire and Emergency New Zealand Act 2017.

WorkSafe may conduct an inquiry into any accident to which section 16 applies to establish the cause of the accident.

Where WorkSafe believes, on reasonable grounds, that any occurrence may be an accident to which section 16 applies, WorkSafe may conduct a preliminary inquiry in order to establish whether or not the occurrence is such an accident.

Subject to section 21, WorkSafe may, for the purpose of any inquiry or preliminary inquiry under this section, require any person to supply to WorkSafe all such information as that person may have of relevance to the inquiry or preliminary inquiry.

Where WorkSafe conducts an inquiry under this section, WorkSafe shall prepare a written report of the findings of the inquiry, and shall make copies of that report available on request to interested parties.

Where WorkSafe is performing any duty or exercising any power in respect of any place, or any fittings or associated equipment in any place, the owner or occupier of the place, and any other person who is for the time being in charge of the place, shall provide all such facilities and assistance as WorkSafe may reasonably require.

Every person commits an offence and is liable on conviction to a fine not exceeding $50,000 in the case of an individual, or $250,000 in the case of a body corporate, who—

No person shall be required, pursuant to any provision of this Part, to reply to any question if the answer might tend to incriminate him or her.

Any existing works, lawfully fixed to or lawfully installed over or under any land that is not owned by the person that owns the works, shall continue to be fixed or installed until the owner of the works otherwise decides, and no person other than the owner of the works shall have any interest in any such works by reason only of having an interest in the land.

An owner or occupier of land on which any existing works are situated is not required by this Act to maintain existing works, or to maintain tracks for the purpose of providing the owner of the works with access to the existing works.

This section does not limit or override any new or existing legally binding agreement that provides for an owner or occupier of the land to be responsible for any maintenance.

Any person that owns any existing works may enter upon land for the purpose of gaining access to those works and may perform any act or operation necessary for the purpose of—

A certificate signed by the owner of any existing works containing a statement that any specified works were constructed (in whole or in part) before 1 January 1988 (in relation to works owned by the Corporation) or before 1 January 1993 (in the case of works owned by any other person) under the authority of the Electricity Act 1968 (or any Act repealed by that Act) or the Electric Power Boards Act 1925 or the Local Government Act 1974 or the Public Works Act 1981 or any local or private Act shall be admissible in evidence in any proceedings and shall, in the absence of proof to the contrary, constitute proof of that statement.

In this section, maintenance includes—

Further rights of entry, which concern the use of existing works to deploy and use fibre optic cable for telecommunications purposes, are provided for in the Telecommunications Act 2001 (see sections 155ZR to 155ZZH of that Act).

An owner of existing works that intends to enter upon land for the purpose of maintaining or completing the works under section 23 must give reasonable notice (at least 10 working days before entry) of its intention to do so to the owner or occupier of the land.

The notice must be in writing, and must specify—

An owner of existing works that intends to enter upon land for the purpose of inspecting or operating the works under section 23 must give reasonable notice of its intention to do so to the owner or occupier of the land.

The notice may be given by telephone or in any other manner that the owner of the works thinks appropriate.

An owner of existing works is excused from giving notice as required by section 23A or section 23B if—

However, in either case, the owner of the existing works must give notice to the owner or occupier of the land as soon as practicable and to the extent that the circumstances permit (and no later than 5 working days after entry).

The owner or occupier of the land may set reasonable conditions relating to the timing of entry under section 23 and the access route, but those conditions may not—

Sections 23A to 23D do not limit or override any new or existing agreement that is legally binding on the owner or occupier of the land and the owner of the works.

The owner or occupier of land, or the owner of the works, may refer any dispute under sections 23 to 23E to the Environment Court.

The objector must, as soon as practicable after making a written objection, serve a copy of the objection on the other party to the dispute.

Within 1 month after receiving a copy of the objection or within any further period that the Environment Court allows, the other party to the dispute must send to the Environment Court and serve on the objector a reply to the objection containing matters that are appropriate having regard to the objection made and to any practice directions issued by the Environment Court.

The Environment Court must inquire into the objection and, for that purpose, may conduct a hearing at any time and place it appoints.

The Environment Court must give not less than 15 working days’ notice of any time and place so appointed to the objector and to the other party to the dispute.

The Environment Court has power to make a declaration as if the proceeding had been brought under sections 310 to 313 of the Resource Management Act 1991.

The findings of the Environment Court are binding on the objector and the other party to the dispute.

The Environment Court may award those costs that it considers just either in favour of or against either party.

Subject to sections 299 to 308 of the Resource Management Act 1991, no appeal lies from any declaration of the Environment Court under this section.

Except as provided in subsections (2) and (5), an electricity operator may from time to time construct and maintain works in, on, along, over, across, or under any road, and for any of these purposes may—

No electricity operator may exercise the powers contained in subsection (1) otherwise than in accordance with such reasonable conditions as may be prescribed by the local authority or other body or person having jurisdiction over the road.

Without limiting the generality of subsection (2), a local authority or other body or person having jurisdiction over a road may impose under that subsection, in relation to any work undertaken by any electricity operator, a condition requiring the electricity operator to meet the reasonable costs and expenses of that local authority or other body or person—

To avoid doubt, subsection (1) does not prevent the construction or maintenance of works that are undertaken under an agreement entered into by—

Subsection (1) does not apply to the construction of works that are intended to convey, or are associated with, electricity at a voltage of more than 110 kV and a capacity of more than 100 MVA.

In subsection (5), works means works located at or above ground level in, on, along, over, or across a road, but does not include works suspended above a road.

In setting, varying, or revoking reasonable conditions under section 24(2), the local authority or other body or person having jurisdiction over the road concerned may consider all or any of the following matters:

Nothing in subsection (1) limits a local authority’s or other body’s or person’s ability to impose reasonable conditions under section 24(2).

However, a condition requiring a network operator to increase amenity values (rather than to merely maintain them) must not be imposed unless the work to be done is in an area identified in a district plan as an area in relation to which, under the district plan, there are particular considerations, or rules or requirements, relating to amenity values.

If the cost to the network operator of complying with a condition referred to in subsection (3) is higher than it would have been if there were not a requirement to increase amenity values, then the person imposing the condition must pay that increase in cost.

In subsection (3), a reference to a district plan includes a reference to a development plan under the Urban Development Act 2020.

Except as provided in subsection (5), before an electricity operator proceeds to undertake any work pursuant to the powers contained in section 24(1), the electricity operator shall give notice of its intention to undertake the work to—

Every such notice shall be in writing, and shall specify the location of the proposed work, the nature of the work to be undertaken, and the reasons for it.

Within 15 working days after the receipt of the written notice of the intention to undertake work, the persons who are given a notice pursuant to subsection (1) shall notify the electricity operator, in writing, of any conditions imposed pursuant to section 24(2).

Where a person who is given a notice pursuant to subsection (1) fails to notify the electricity operator of the conditions imposed pursuant to section 24(2) within the period referred to in subsection (3) of this section, no such conditions may be imposed, and the electricity operator may commence work.

Where any such work is rendered urgent and necessary by any defective equipment, or other emergency, the electricity operator shall be excused from complying with the requirements of subsection (1) before commencing the work, but shall give the information required by subsection (2) as soon as practicable thereafter.

Every electricity operator commits an offence and is liable on conviction to a fine not exceeding $10,000 who fails to comply with section 24 or section 25.

In addition to any fine imposed pursuant to subsection (1), the court may make such order relating to compensation as it thinks fit.

An electricity operator shall have a right of appeal to the District Court against all or any of the conditions imposed pursuant to section 24(2) by—

Every such appeal shall be made by giving notice of appeal within 40 working days after the date of notification of the conditions imposed, or within such further period as the court may allow on application made to it for that purpose either before or after the expiration of those 40 working days.

In its determination of any appeal under section 27, the District Court may confirm or modify or cancel any or all of the conditions imposed.

Subject to section 29, the decision of the District Court in the determination of an appeal under section 27 shall be final.

Where any party to any appeal under section 27 is dissatisfied with the decision of the District Court as being erroneous in point of law, that party may appeal to the High Court on the question of law only.

Subject to subsection (3), every appeal under this section shall be heard and determined in accordance with rules of court.

Subpart 8 of Part 6 of the Criminal Procedure Act 2011 applies as far as applicable with the necessary modifications to every appeal under this section.

Notwithstanding anything in this Act or in any other enactment, no local authority or other body or person having jurisdiction over any road shall require the payment, by or on behalf of any electricity operator, of any amount of or in the nature of rent in respect of any works constructed in, on, along, over, across, or under that road.

Nothing in subsection (1) applies in respect of a rate that is assessed under the Local Government (Rating) Act 2002.

In this section, the term road has the meaning given to it in section 2, but also includes a motorway within the meaning of the Government Roading Powers Act 1989.

Where—

the electricity operator may, upon giving the owner and occupier of the level crossing not less than 10 working days’ notice of its intention to do so, apply to the District Court for an order under this section.

On being satisfied that the construction or maintenance of any works is necessary for the purposes of distributing electricity, and that the electricity operator has taken all reasonable steps to negotiate an agreement for entry, and that, in relation to the construction of any works, no practical alternative route or site exists, the court may make an order authorising the electricity operator to—

Every order under this section shall specify—

Before exercising any powers authorised by an order made under this section, the electricity operator shall serve the order on the owner and occupier of the level crossing to which the order relates.

Every officer, employee, or agent of an electricity operator acting in pursuance of an order made under this section shall have with him or her and shall produce on initial entry and, if requested, at any subsequent time, evidence of his or her authority and identity.

This section does not apply to the construction or maintenance of works that are intended to convey, or are associated with, electricity at a voltage of more than 110 KV and a capacity of more than 100 MVA.

In subsection (6), works means works located at or above ground level in, on, along, over, or across a level crossing, but does not include works suspended above a level crossing.

Where any works (being works to which section 22 applies or works constructed pursuant to section 24) are fixed to or installed over or under any road, the local authority or other body or person having jurisdiction over that road may at any time, by notice in writing, require the owner of the works to raise, lower, or otherwise alter the position of those works.

If the owner of the works refuses or fails within a reasonable time to do the work required under subsection (1), the person requiring the work to be done may, after giving the owner of the works written notice of that person’s intention to do so, do the work or have the work done by some other person.

The notice required by subsection (2) shall be given at least 15 working days before the work commences.

Subject to subsection (2), the reasonable cost of all work required to be done under section 32(1) shall be paid by the person that requires the work to be done.

Where any work is required to be done under section 32(1) by reason that the works to which the work relates—

the cost of the work shall be paid by the owner of the works.

Where any person requires any work to be done under section 32(1), no claim by or against that person for betterment shall be allowed in respect of that work.

Where a controlling authority (being the New Zealand Transport Agency or the agent of the Minister of Transport) requires any work to be done under section 32(1) in relation to any works, subsections (1) to (3) of this section shall apply subject to the following provisions:

Subsections (1) to (4) shall apply subject to any agreement between the person requiring the work to be done and the owner of the works to which that requirement relates.

The amount of any payment that is required to be made under this section shall be determined in each case—

Sections 32 and 33 shall apply notwithstanding anything to the contrary in section 54 of the Government Roading Powers Act 1989.

Subject to subsection (2), the owner or occupier of any private land or buildings into, through, over, or against which any works to which section 22 applies have been constructed may, at that person’s own expense, on giving written notice to the person that owns the works, move those works and reconstruct or replace them, subject to the work being lawfully carried out and to such reasonable conditions as the owner of the works may reasonably impose.

No works may be moved, reconstructed, or replaced under subsection (1) without the consent of the person that owns the works, but that consent shall not be unreasonably withheld.

The notice required by subsection (1) shall be given at least 15 working days before the work to move the works commences.

WorkSafe may from time to time issue any instrument (in this Act referred to as an electrical code of practice) for the purposes of, or relating to,—

WorkSafe may from time to time issue an amendment or revocation of any electrical code of practice.

Every electrical code of practice and every amendment or revocation of an electrical code of practice shall show the date on which it was issued.

WorkSafe may include in any electrical code of practice a reference to—

if that official standard or, as the case may be, that part of that official standard relates to the subject matter of the code.

On the inclusion in a code of a reference to an official standard or part of an official standard, that official standard or, as the case may be, that part of that official standard (as it existed on the date of the inclusion but with such additions or variations (if any) as are specified in the code) shall be deemed to form part of the code.

Subject to subsection (5), an electrical code of practice, an amendment to such a code, and a revocation of such a code, shall not have any force or effect until it has been approved by the Minister.

Subject to subsection (3), the Minister shall not approve any code, or any amendment or revocation of a code, unless—

The Minister may approve an electrical code of practice or any amendment or revocation of that code without complying with the requirements of subsection (2)(a) or (b) if the Minister is satisfied that sufficient consultation has already taken place in respect of the matters in the code or amendment or revocation.

When the Minister approves an electrical code of practice or an amendment or revocation of that code, the Minister shall—

The fact that the Minister has published in the Gazette a notice under subsection (4)(a) shall be conclusive proof that the requirements of this section have been complied with in respect of the approval specified in the notice.

WorkSafe shall ensure that copies of all electrical codes of practice, and all amendments to such codes, that are for the time being in force are available—

The notice of approval published in the Gazette pursuant to section 38(4)(a) shall show, in relation to the code, or the amendment of a code, to which it relates, a place at which copies of the code or, as the case requires, the amendment are available for inspection free of charge and for purchase.

If WorkSafe considers it essential in the interests of safety or ensuring the continuity of the supply or conveyance of electricity to amend any electrical code of practice forthwith, WorkSafe may issue an emergency amendment to the code and promulgate it in such manner as WorkSafe thinks fit.

Every amendment issued under subsection (1) shall be identified as an emergency amendment issued under this section, and show the date on which it was issued.

Every such amendment shall remain in force for a period of 60 days after the date on which it was issued and may be continued in force by the Minister for such further period or periods as the Minister thinks fit, but the maximum period of time during which an emergency amendment may remain in force shall be 180 days.

Subject to subsection (5), an emergency amendment issued under this section shall for all purposes, while it remains in force, be deemed to have been issued under section 36, and to have been approved, on the date of its issue, by the Minister under section 38.

If any regulation in force under section 169 requires compliance with any electrical code of practice that has been amended under this section, that regulation shall, while the emergency amendment remains in force, be deemed to require compliance with the code as so amended notwithstanding the fact that the regulation was made before that amendment to the code came into force.

Despite section 73 of the Crown Entities Act 2004, WorkSafe must not delegate to any person the power conferred by this section.

Subsection (8) applies if, pursuant to section 5A(3) and (4), the Secretary may exercise the power conferred by this section in relation to a matter specified in a Gazette notice under section 5A(2).

Despite clauses 2 and 3 of Schedule 6 of the Public Service Act 2020, the Secretary must not delegate to any person the power conferred by this section.

In any regulations made under section 169, any electrical code of practice or amendment of an electrical code of practice may, without prejudice to any other method of citation, be cited by the title or reference given to it by WorkSafe and by its date of issue; and such citation shall be deemed, subject to section 40(5), to include and refer to the latest electrical code of practice or amendment in force when the regulations were made.

Without affecting any other method of proof, the production in any proceedings of a copy of any electrical code of practice or amendment or revocation of an electrical code of practice, purporting to have been issued by WorkSafe and to have been approved by the Minister, shall, in the absence of proof to the contrary, be sufficient evidence that it has been issued under the authority of section 36 and approved by the Minister, on the date shown on it as the date of approval, under section 38.

Without affecting any other method of proof, the production in any proceedings of—

In any proceedings for an offence against this Act or against any regulations made under section 169,—

Every electrical code of practice promulgated under the Electricity Act 1968 that was in force immediately before 1 April 1993 is deemed to be in force under this Part, and may be amended and revoked accordingly.