Gas Act 1992

If you need more information about this Act, please contact the administering agency: Ministry of Business, Innovation, and Employment

Version as at 12 April 2022

Coat of Arms of New Zealand

Gas Act 1992

Public Act
 
1992 No 124
Date of assent
 
17 December 1992
Commencement
 
see section 1
Note

The Parliamentary Counsel Office has made editorial and format changes to this version using the powers under subpart 2 of Part 3 of the Legislation Act 2019.

Note 4 at the end of this version provides a list of the amendments included in it.

This Act is administered by the Ministry of Business, Innovation, and Employment.

Contents

Title [Repealed]
1Short Title and commencement
1APurposes
Part 1
Preliminary provisions
2Interpretation
3Application
3ATransitional, savings, and related provisions
4Act to bind the Crown
Part 2
General
Gas operators
5Declaration of person as gas operator
Functions and powers of WorkSafe and Secretary
6Functions of WorkSafe
6AFunctions of Secretary
6BWorkSafe and Secretary must share information
7Inspection of distribution systems, etc
8Report to be compiled
9Special powers of WorkSafe
10Objections to WorkSafe’s requirements
11Effect of notice or requirement pending hearing
12Procedure on hearing of objection
13Appeal on question of law
14WorkSafe may require immediate compliance
15Appeal against decision on application for injunction
16Assessors
17Notification of accidents
17ATransfer of accident information
18Interference with scene of accident
19Inquiries into accidents
20Assistance to WorkSafe
21Obstructing WorkSafe
22Privilege against self-incrimination
Part 3
Powers and duties of gas operators and other owners of gas fittings
23Protection of existing fittings
24Rights of entry in respect of existing fittings
25Construction or maintenance of fittings on roads
25ACriteria for setting reasonable conditions
26Notice to be given before work undertaken
27Offence
28Appeals in relation to conditions imposed
29Determination of appeals
30Appeal on question of law
31Charging for access to road reserve
32Rights of entry in respect of level crossings
33Local authority, etc, may require fittings to be moved
34Cost of work required under section 33
35Government Roading Powers Act 1989 not to apply
36Owners and occupiers of private land and buildings may move fittings
Part 4
Gas codes of practice
37Issue of gas code of practice
38Code may incorporate official standards by reference
39Code to be approved by Minister
40Availability of codes
41Emergency amendment of code
42Citation of code
43Proof of code
Part 4A
Governance of gas industry
Subpart 1—General and regulation-making powers
Preliminary provisions
43APurpose
43BOutline of Part
43COutline of regulation-making powers
43DInterpretation
Dispute resolution
43EAccess to dispute resolution scheme
43EAAIndemnity disputes
43EAMembership of dispute resolution scheme
43EBCompliance with rules and binding settlements
43ECOffence to fail to comply with District Court order
Gas industry regulation-making powers
43FGas governance regulations for wholesale market, processing facilities, transmission, distribution of gas, security of supply, and disclosure
43GOther gas governance regulations
43HLow fixed charge tariff option for domestic consumers
Process for making recommendations for gas governance regulations
43IWhich gas governance regulations can be made if there is no industry body or Commission
43JWhich gas governance regulations can be made if there is industry body but no Commission
43KWhich gas governance regulations can be made if there is Commission
43LConsultation before making recommendation for gas governance regulations
43MOther process for making recommendations for gas governance regulations
43NAssessment of proposed gas governance regulations
43OProcess after making recommendation for gas governance regulation
43PUrgent regulations
Gas governance rules
43QGas governance rules
43RMethod of making gas governance rules [Repealed]
Supplementary provisions
43SSupplementary provision relating to regulations and rules
43TARegulations may provide for pecuniary penalties for consumers (other than domestic consumers)
43TSupplementary empowering provision for regulations [Repealed]
Provisions that apply if gas governance regulations or rules are in force
43UParty must co-operate with investigations
43VPrivileges protected
43WLimits on investigation powers
43XRulings Panel may make certain orders
43YRestriction of remedies
43YAOffence to breach compliance orders
43ZLimit on tort claims against service providers
Appeals
43ZAAppeals on ground of lack of jurisdiction
43ZBJudicial review not precluded
43ZCAppeals on question of law in relation to decisions by industry body, Commission, or Rulings Panel
43ZDRight of appeal against suspension or termination orders
43ZEPersons entitled to appeal
43ZFDetermination of appeals
43ZGHigh Court may refer appeals back to industry body, Commission, or Rulings Panel for reconsideration
43ZHProvisions pending determination of appeal
43ZIHigh Court may order proceedings be heard in private
43ZJAppeal to Court of Appeal in certain cases
Subpart 2—Co-regulation of gas industry
43ZKPurpose of subpart
Approval of industry body
43ZLApproval of industry body
43ZMRevocation of approval of industry body
Objectives of industry body in relation to recommendations for gas governance regulations
43ZNObjectives of industry body in recommending regulations for wholesale market, processing facilities, transmission, and distribution of gas
GPS objectives and outcomes
43ZOSetting of GPS objectives and outcomes
43ZPWhat Minister can do with industry body recommendations about wholesale market, processing facilities, transmission, distribution of gas, security of supply, and disclosure
Industry body statement of intent
43ZQIndustry body statement of intent
43ZRExtra information required in statement of intent for first financial year
43ZSApplication and term of statement of intent
43ZTProcess for providing statement of intent to Minister
43ZUAmendments by industry body
43ZVStatement of intent must be publicised
Industry body annual report
43ZWAnnual report
43ZXDisclosure of payments in respect of industry body board members and employees
43ZYAnnual report must be presented to House of Representatives
Miscellaneous provisions
43ZZPublication of industry body documents
43ZZAAuditors
Levy to fund industry body
43ZZBIndustry body recommendation for levy regulations
43ZZCCosts that may be met from levy
43ZZDMinister must accept recommendations if certain conditions met
43ZZELevy regulations that may be made
43ZZFExpiry of subpart
Subpart 4—Exemptions from restrictive trade practice provisions of Commerce Act 1986
43ZZRAuthorisations for purposes of Commerce Act 1986
Subpart 5—High Court may impose pecuniary penalty on certain consumers for breach of gas industry regulations or rules
43ZZSWhen High Court may order certain consumers to pay pecuniary penalty
43ZZTConsiderations for High Court in deciding on amount of pecuniary penalty
43ZZURules of civil procedure and civil standard of proof apply
43ZZVOnly 1 pecuniary penalty order may be made for same conduct
Part 5
Miscellaneous provisions
General
44Gas suppliers
45Standards for gas supply
46Safety requirements for distribution systems, etc
46AOwners or operators of gas supply systems must have safety management system
46BOffence to breach requirement to have safety management system
47Testing and inspection of gasfitting work
48Power of entry
49Power to require information [Repealed]
50Conditions relating to power to enter land or premises
51Compensation for damage
52Penalty for obstructing officers
53Notices in relation to Maori land
Regulations—General
54Regulations
54ARegulations that prescribe requirements for safety management systems
54BMiscellaneous provisions relating to regulations that prescribe requirements for safety management systems
Regulations—Information disclosure
55Regulations relating to information disclosure
56Information to be supplied to Secretary
56AReasonable charge may be imposed for providing copies of statements
Safe work instruments—Legal effect
56ABLegal effect of safe work instruments
Miscellaneous provisions
56BOffences for actions or omissions likely to cause serious harm or significant property damage
57Other offences
57ATime for filing charging document
57BInfringement offences
57CInfringement notices
57DProcedural requirements for infringement notices
57EPayment of infringement fee
57FEffect of infringement notice
58Repeals, revocations, and consequential amendments
59Savings
Amendment to Gas Act 1982
60Power to execute works on private land
Schedule 1AA
Transitional, savings, and related provisions
Schedule 1
Enactments repealed
Schedule 2
Enactments amended
Schedule 3
Regulations revoked
Gas Amendment Act 2004
Gas Amendment Act 2006
Infrastructure (Amendments Relating to Utilities Access) Act 2010
Notes
Title [Repealed]

Title: repealed, on 4 May 2010, by section 4 of the Gas Amendment Act 2006 (2006 No 71).