Railway Safety and Corridor Management Act 1992
Railway Safety and Corridor Management Act 1992
Railway Safety and Corridor Management Act 1992
Checking for alerts... Loading...
Railway Safety and Corridor Management Act 1992
Public Act |
1992 No 111 |
|
Date of assent |
14 December 1992 |
|
Contents
An Act—
(a)
To make provision with respect to railway safety and corridor management; and
(b)
To provide for the protection, construction, maintenance, and repair of railways; and
(c)
To consolidate and amend the law relating to railways; and
(d)
To repeal certain enactments relating to railways
BE IT ENACTED by the Parliament of New Zealand as follows:
1 Short Title and commencement
(1)
This Act may be cited as the Railway Safety and Corridor Management Act 1992.
(2)
Except as provided in section 28(3) of this Act, this Act shall come into force on the 1st day of April 1993.
2 Interpretation
In this Act,—
“Controlling authority”, in relation to any road, means the authority, body, or person or persons having control of the road; and includes any person acting under and within the terms of any delegation or authorisation given by a controlling authority:
“Level crossing”—
(a)
Means any place where a railway line crosses any road or street on the level, or where the public is permitted to cross a railway line on the level; and in this paragraph “railway line”
does not include a railway line on a road or street, being a railway line intended solely for the use of light rail vehicles; and
(b)
Includes a bridge used for both rail service vehicles and road traffic on the same level:
“Light rail vehicle”—
(a)
Means a rail service vehicle that is designed to run along a road or street among other road vehicles and users; and
(b)
Includes a tram and a tramcar; but
(c)
Does not include any—
(i)
Rail service vehicle approaching or on any level crossing; or
(ii)
Rail service vehicle while it is on a railwayline which is not on a road or street:
“Railway” includes—
(a)
All land which is held or reputed to be held, or which is under the control of, or under lease, licence or otherwise, or used, in connection with or for the purposes of a rail service licence holder for the purpose of operating a rail service, except where that and is a street or road under the control of a controlling authority and the rail service on it is intended solely for the use of light rail vehicles; and
(b)
All buildings, erections, wharves, jetties, works, locomotives, carriages, wagons, light rail vehicles, self propelled rail vehicles, motor vehicles, plant, machinery, goods, chattels, and other fixed or movable property of every description or kind capable of being used in respect of a railway, and situated on or to be situated on any such land or held or used, or reputed to be held or used, in connection with or for the purpose of operating a rail service; and
(c)
All signalling systems, warning devices, and radio, telephone, electronic telegraph, or other communication installations used in connection with the operation of a rail service, but not including any traffic signals erected on a street or road by a controlling authority:
“Rail service” has the same meaning as in the Transport Services Licensing Act 1989:
“Rail service operator” has the same meaning as in the Transport Services Licensing Act 1989:
“Rail service vehicle” has the same meaning as in the Transport Services Licensing Act 1989:
“Railway line” has the same meaning as in the Transport Services Licensing Act 1989:
“Road” has the same meaning as in section 315 of the Local Government Act 1974; and includes a road under the jurisdiction of any local authority; and also includes a State highway within the meaning of section 2(1) of the Transit New Zealand Act 1989; but does not include—
(a)
A private road or footpath within the meaning of that section; or
(b)
A motorway within the meaning of the Transit New Zealand Act 1989; or
(c)
Any roadway laid out by order of the Maori Land Court under Part XXVII of the Maori Affairs Act 1953 or under any former Act, except where that order has been cancelled, or where the roadway has been declared under section 421 of that Act to be a road; or
(d)
Any level crossing.
Rules for Level Crossings
3 Rail service vehicles to have right of way
(1)
For the purpose of determining the speed at which it is reasonable to travel, every rail service operator and every employee responsible for the driving or control of any rail service vehicle on any railway line shall be entitled to assume that all persons, animals, and vehicles not using the railway line will be kept clear of rail service vehicles using the railway line.
(2)
Subject to subsection (3) of this section and so long as such care as is reasonable in the circumstances is taken in each case by all employees responsible, any rail service vehicle may proceed past any station, level crossing, or elsewhere on the railway line at a speed that would be reasonable if there was no possibility of that part of the railway line being obstructed by any person, animal, or vehicle not using the railway line; and neither the rail service operator nor any employee shall be regarded as negligent merely because any employee acts on that assumption for the purpose of determining the speed at which it is reasonable to travel, or merely because any such locomotive, railcar, carriage, wagon, or other traffic proceeds at such a speed.
(3)
Where a rail service operator or an employee of a rail service operator has reason to believe, or by the exercise of reasonable care would have reason to believe, that a collision is likely to occur between any rail service vehicle and any person, animal, or vehicle not using the railway line, that operator or employee shall take all reasonable steps to prevent the collision, and the provisions of subsection (2) of this section shall not apply to any such operator or employee in so far as he or she fails to take such steps or to the rail service operator in so far as any employee fails to take such steps.
(4)
At any level crossing, the public right of way at such crossing—
(a)
Shall cease whenever any rail service vehicle on the railway is approaching and within a distance of 800 metres from the crossing; and
(b)
At all other times shall extend only to the right of crossing the line or railway with all convenient speed, but not to stopping or remaining on it.
(5)
For the purposes of this section,—
“Rail service vehicle” does not include a light rail vehicle:
“Railway line” does not include a railway line operated solely for the use of light rail vehicles.
Compare: 1981, No. 35, s. 167(2); 1981, No. 119, s. 55
4 Traffic at level crossings
(1)
It shall be the duty of every person when approaching or crossing a level crossing to keep a vigilant lookout for any approaching rail service vehicle using the railway line.
(2)
No person shall walk or attempt to walk across a level crossing or elsewhere on a railway line when there is any risk of that person being involved in a collision with any rail service vehicle using the railway line.
(3)
No person shall ride, drive, or attempt to ride or drive any cycle, vehicle, or animal on or across a level crossing or elsewhere on a railway line when there is any risk of that cycle, vehicle, or animal being involved in a collision with any rail service vehicle using the railway line.
Compare: 1981, No. 119, s. 54
5 Warning devices at level crossings
(1)
Any rail service operator may, after consultation with the controlling authority of the road concerned, cause to be erected at a level crossing such notices and warning devices as the operator considers necessary for the protection of persons using the level crossing.
(2)
No rail service operator shall be liable in respect of any accident that may occur by reason of any failure of any such warning device.
(3)
Notwithstanding any rule of law to the contrary, no rail service operator shall be deemed negligent if the rail service operator fails to provide a crossing keeper or a bridge keeper or a warning device or a notice at any level crossing for the purpose of—
(a)
Protecting rail service vehicles using the railway line when they are passing over the level crossing; or
(b)
Warning road users of the approach of any such rail service vehicle.
Compare: 1981, No. 119, s. 53
6 Gates and cattle stops
Notwithstanding anything in the Local Government Act 1974, the Public Works Act 1981, or this Act or any other Act relating to the erection of gates across roads, it is hereby declared that the following provisions shall apply with respect to every railway:
(a)
Except as provided in paragraph (b) of this section, no person shall erect or maintain, within 100 metres of the centre line of a railway line at a level crossing, any gate across the road at the level crossing:
(b)
Where there are no cattle stops at a level crossing, the rail service operator may, if the operator considers it appropriate, agree with the controlling authority having the control of the road to allow such a gate to be erected or maintained, under such conditions as, in the interests of public safety, the rail service operator thinks fit to impose:
(c)
At private level crossings where there are cattle stops, no person shall erect gates so as to enclose the railway; and where there are gates connected with the fencing which encloses any railway, cattle stops shall not be allowed in the line of the railway:
(d)
If any gate is erected in contravention of this Act, irrespective of all other liabilities to which the person or authority erecting the gate is thereby exposed, the gate may, at the cost and expense in all things of that person or authority but only if reasonable notice is given to that person or authority, be removed by the rail service operator or by any employee authorised by it either generally or specifically in that behalf.
Compare: 1981, No. 119, s. 58
Railway Corridor Management
7 No railway line to cross any existing railway line without consent
Notwithstanding anything in this Act or any other enactment, no newly constructed railway line shall cross or connect with any existing railway on a level except under an agreement between the owner of the existing railway line and the owner of newly constructed railway line.
Compare: 1981, No. 119, s. 57(1)
8 Railway crossings
(1)
At a level crossing, the rail service operator shall form, surface, and maintain the carriageway and crossing on the railway and for a distance, on each side, of 5 metres or such lesser distance as may be agreed between the operator and the controlling authority having control of the road, outside the centre line of any line of rails so crossed; and the controlling authority shall form, surface, and maintain the approaches to the crossing, subject to the approval of the rail service operator.
(2)
Where a road crosses over a railway by means of a bridge, the controlling authority of the road shall maintain the structure of the bridge.
(3)
Where a railway crosses over a road by means of a bridge, the rail service operator of the railway shall maintain the structure of the bridge.
(4)
Where a road and railway both use the same bridge, the controlling authority and rail service operator shall jointly maintain the structure of the bridge.
(5)
The duties imposed by subsections (2) to (4) of this section in respect of any such bridge shall be read subject to any agreement between the controlling authority and the rail service operator.
Compare: 1981, No. 119, s. 50
9 Management of railway along or across road on level
(1)
Where any part of a road, except at a level crossing, is used or occupied for a railway line, that part of the road shall cease to be a highway.
(2)
Where a railway line is constructed on or across a road at a level crossing it shall be lawful for the rail service operator to carry on and conduct the working and management of the railway in every respect on or across that road, but not in such a manner as will unreasonably impede the flow of road traffic across the railway line.
(3)
Where a rail service operator proposes to install or relocate a signal or sign that is liable to confuse road users, the operator shall consult the controlling authority of the affected road before installing or relocating the signal or sign.
(4)
Nothing in subsection (1) or subsection (2) of this section applies to any railway line operated solely for the use of light rail vehicles.
Compare: 1981, No. 35, s. 167(1), (3)
10 Local authorities may contribute towards cost of railway bridge or subway
(1)
Any controlling authority or local authority, or any 2 or more such authorities, may agree with any rail service operator for—
(a)
The construction and maintenance by the rail service operator of a subway under, or a bridge over, any railway, or a railway bridge over any road that is within the district of the controlling authority or local authority; and
(b)
The payment by the controlling authority or local authority of the whole or part of the cost of such construction and maintenance.
(2)
Any such agreement may be entered into with respect to any existing subway or bridge or any proposed subway or bridge.
(3)
Any controlling authority or local authority that is authorised by this section to pay in whole or in part the cost of the construction of any subway, bridge, or railway bridge may agree with a rail service operator, and shall be deemed always to have had power so to agree, that—
(a)
Any such payment shall be made by instalments extending over a period of not more than 10 years in any case; and
(b)
Interest at such rate as may be agreed on shall be paid on any unpaid balance of that cost.
(4)
Every controlling authority and local authority shall have all such powers as are reasonably necessary or expedient to enable it to carry out functions or duties conferred or imposed under section 8 of this Act or this section, including (but not limited to) power to enter into agreements with any rail service operator to provide for the maintenance of any footbridge or pedestrian subway.
Compare: 1981, No. 119, s. 51
11 Railway drains
(1)
Where any drain on, above, or under any railway forms part of or is used in connection with any sewerage or stormwater drainage system that is under the control of a controlling authority or local authority, the cost of maintaining the drain shall be borne by that controlling authority or local authority; and if the work of maintenance is carried out by the rail service operator the cost shall be recoverable from the controlling authority or local authority as a debt due to the rail service operator.
(2)
Nothing in this section shall confer on any controlling authority or local authority the right to enter on any such railway for the purposes of any such drain without the prior consent of the rail service operator; and the operator may grant consent subject to such terms and conditions as the operator thinks fit.
Compare: 1981, No. 119, s. 31a; 1988, No. 76, s. 4
12 No right to easements over railway land
(1)
Notwithstanding anything in any other Act, no person shall have any right to any easement or to construct or carry out any work upon, over, or under any railway, without having first obtained from the rail service operator a grant of that right; and the rail service operator may require the person to execute a deed or agreement setting forth the conditions subject to which the right is granted.
(2)
Any easement granted to a public body upon, over, or under any railway at a public level crossing shall be at a nominal rental.
(3)
Every person shall be deemed to have notice of the existence and terms of any easement or interest in land in respect of any railway if—
(a)
Particulars of that easement or interest are registered in accordance with the Land Transfer Act 1952 or the Deeds Registration Act 1908; or
(b)
The existence of that easement or interest is published by notice in the Gazette stating particulars of the time and place where the terms and conditions of the grant may be inspected by the public at reasonable times during normal business hours.
Compare: 1981, No. 119, s. 35(4), (5)
Protection of Railways
13 Lights, etc., liable to be confused with railway signals
(1)
Where—
(a)
Any fire, light, or sign is located in such a place or in such a manner as to be liable—
(i)
To be mistaken for or to obscure a railway signal; or
(ii)
To make it difficult for persons engaged in the operation of rail service vehicles to distinguish any railway signal; or
(b)
Any electrical or radio or telecommunication signal or radiation interferes with or is liable to be mistaken for any railway signal or communication, so as to endanger a rail service operation,—
any rail service operator or any person authorised by a direction given by a rail service operator may serve a notice on the owner of the place where the fire, light, or sign is located or from which the signal or radiation emanated, or on the person having charge of the fire, fight, sign, or source of the signal or radiation, directing that owner or person within 10 days, to—
(c)
Take effective measures to extinguish, remove, or screen the fire, light, sign, signal, or radiation; and
(d)
To prevent in the future any similar fire, light, sign, signal, or radiation.
(2)
The notice specified in subsection (1) of this section—
(a)
Shall inform the person to be served of the right to apply to a District Court for an order under subsection (3) of this section; and
(b)
May be served either personally or by delivery at the place of residence of the person to be served, or by affixing it in some conspicuous place near the fire, light, sign, or source of the signal or radiation to which the notice relates.
(3)
Within 10 days after service of the notice, the occupier or owner may apply to a District Court for an order setting aside the notice.
(4)
On the hearing of the application, the Court, whose decision shall be final, shall determine whether or not the notice should be set aside; and the notice shall be deemed to be void if it is set aside by the Court.
(5)
In the case of a notice which is not set aside, if any owner or person on whom a notice under this section is served neglects for a period of 10 days to extinguish, remove, or effectually screen the fire, light, sign, signal, or radiation mentioned in the notice, the rail service operator may, if reasonable notice is given to that person,—
(a)
Enter upon the place where the fire, light, sign, or source of the signal or radiation is and forthwith extinguish, remove, or screen it, doing no unnecessary damage; and
(b)
Recover the expenses incurred in so doing as a debt due to the rail service operator from the owner or person on whom the notice has been served.
(6)
Any person entering on any land on behalf of a rail service operator pursuant to subsection (5) of this section shall carry identification and produce it on initial entry and, if requested, at any subsequent time.
(7)
Where any land suffers any damage from the exercise of any power under this section in respect of any light, sign, signal, or radiation that is placed or erected or emitted lawfully, and no other provision is made under this Act or any other Act for compensation for that damage, the owner of that land shall be entitled to full compensation from the rail service operator who exercised that power.
(8)
All claims for compensation in respect of the exercise of any of the powers conferred by this section shall, unless settled by agreement be determined in the manner provided by the Public Works Act 1981, and the provisions of that Act relating to compensation shall apply accordingly.
Compare: 1981, No. 119, s. 52
14 Power to prevent damage to railway
(1)
Subject to the provisions of the Resource Management Act 1991, it is hereby declared that for the purpose of protecting any railway, or preventing or lessening any risk of damage to any railway, a rail service operator may—
(a)
Construct, maintain, alter, or reconstruct any embankment, groyne, or other protective work on any land or on the bank of any river or stream; or
(b)
Divert, impound, or take away any part of the whole of the water of any river or stream, or alter the course of any river or stream; and
(c)
Discontinue or abandon any such work as and when the rail service operator thinks fit.
(2)
Any rail service operator may, by notice in writing to the occupier or, where there is no occupier, to the owner of any land abutting upon a railway, require that person to do any of the following acts:
(a)
To remove, lower, or trim to the satisfaction of the rail service operator any tree or hedge where, in the opinion of the rail service operator, the removal, lowering, or trimming is necessary in order to prevent damage to the railway or obstruction to the traffic thereon or to any channel, ditch, or drain associated with the railway:
(b)
To—
(i)
Remove, lower, or trim to the satisfaction of the rail service operator any tree or hedge; or
(ii)
Lower any fence or wall,—
if, in the opinion of the rail service operator, the tree, hedge, fence, or wall is likely, by reason of its obstructing the view, to cause danger to the traffic on that railway or any adjacent railway:
(c)
To take effective measures to prevent damage to any land on which the railway is situated, whether caused by grazing animals or otherwise.
(3)
The notice specified in subsection (2) of this section shall inform the person to be served of the right to apply to a District Court for an order under subsection (4) of this section.
(4)
Within 10 days after service of the notice, the occupier or owner may apply to a District Court for an order setting aside the notice.
(5)
On the hearing of the application, the Court, whose decision shall be final, shall determine whether or not the notice should be set aside; and the notice shall be deemed to be void if it is set aside by the Court.
(6)
In the case of a notice which is not set aside, if the occupier or owner fails to do any such act in compliance therewith—
(a)
Within month after the service thereof; or
(b)
Where the application has been heard, within 1 month after the giving of the decision of the Court,—
the rail service operator may, if reasonable notice is given to that owner or occupier, enter on the land and, doing no unnecessary damage, do that act and recover the cost of so doing as a charge upon the land.
(7)
Any person entering on any land on behalf of any rail service operator pursuant to this section shall carry identification and produce it on initial entry, and, if requested, at any subsequent time.
(8)
Where any land suffers any damage from the exercise (whether proper or improper and whether normal or excessive) of any power under this section, and no other provision is made under this Act or any other Act for compensation for that damage, the owner of that land shall be entitled to full compensation from the rail service operator who exercised that power.
(9)
All claims for compensation in respect of the exercise of any of the powers conferred by this section shall, unless settled by agreement, be determined in the manner provided by the Public Works Act 1981; and the provisions of that Act relating to compensation shall, so far as they are applicable and with any necessary modifications, apply accordingly.
Compare: 1981, No. 119, s. 31
Powers and Duties Relating to Construction and Maintenance of Railways
15 Protection of existing works
Any existing railway, lawfully fixed to or lawfully installed over or under any land that is not owned by the person that owns the railway, shall continue to be fixed or installed until the owner of the railway otherwise decides, and no person other than the owner of the railway shall have any interest in any such railway by reason only of having an interest in the land.
16 Rights of entry in respect of existing works
(1)
Any person that owns any existing railway may enter upon land for the purpose of gaining access to the railway and may perform any act or operation necessary for the purpose of—
(a)
Inspecting, maintaining, or operating the railway:
(b)
In the case of any railway the construction of which had not been completed before the commencement of this Act, completing the railway.
(2)
A certificate signed by the owner of any existing railway containing a statement that any specified part of the railway was constructed, erected, or laid (in whole or in part) before the commencement of this Act under the authority of the New Zealand Railways Corporation Act 1981 or the District Railways Act 1908 or the Tramways Act 1908 or the Local Railways Act 1914 or the Local Government Act 1974 or the Public Works Act 1981 or the New Zealand Railways Corporation Restructuring Act 1990 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.
17 Construction or repairing of lines and equipment on roads
(1)
Except as provided in subsection (2) of this section, a rail service operator may from time to time construct and maintain railway works in, on, along, over, across, or under any road, and for any of these purposes may—
(a)
Open or break up any road:
(b)
Alter the position of—
(i)
Any pipe (not being a main) for the supply of water or gas or the conveyance of waste or sewage; or
(ii)
Any telecommunications line; or
(iii)
Any electric line—
that is constructed in, on, along, over, across, or under that road:
(c)
Alter, repair, or remove any works so constructed or maintained, or any part of any such works.
(2)
No rail service operator shall exercise the powers contained in subsection (1) of this section otherwise man in accordance with such reasonable conditions as may be prescribed by—
(a)
The local authority or other body or person having jurisdiction over the road; and
(b)
The owner of the pipe, telecommunications line, or electric line, as the case may require.
18 Notice to be given before alteration to lines or works on roads
(1)
Except as provided in subsection (5) of this section, before a rail service operator proceeds to undertake any work pursuant to the powers contained in section 17(1) of this Act, the rail service operator shall give notice of its intention to undertake the work to—
(a)
The local authority or other body or person having jurisdiction over the road to which the work relates; and
(b)
The owner of any pipe, telecommunications line, or electric line that is constructed in, on, along, over, across, or under that road and that will be affected, or is likely to be affected by the work.
(2)
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.
(3)
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) of this section shall notify the rail service operator, in writing, of any conditions imposed pursuant to section 17(2) of this Act.
(4)
Where a person who is given a notice pursuant to subsection (1) of this section fails to notify the rail service operator of the conditions imposed pursuant to section 17(2) of this Act within the period referred to in subsection (3) of this section, no such conditions may be imposed, and the rail service operator may commence work.
(5)
Where any such work is rendered urgent and necessary by any defective equipment, or other emergency, the rail service operator shall be excused from complying with the requirements of subsection (1) of this section before commencing the work, but shall give the information required by subsection (2) of this section as soon as practicable thereafter.
19 Offence
(1)
Every rail service operator commits an offence and is liable on summary conviction to a fine not exceeding $ 10,000 who fails to comply with section 17 or section 18 of this Act.
(2)
In addition to any fine imposed pursuant to subsection (1) of this section, the Court may make such order relating to compensation as it thinks fit.
20 Appeals in relation to conditions imposed
(1)
A rail service operator shall have a right of appeal to a District Court against all or any of the conditions imposed pursuant to section 17(2) of this Act by—
(a)
The local authority or other body or person having jurisdiction over the road; or
(b)
The owner of any pipe, telecommunications line, or electric line.
(2)
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.
21 Determination of appeals
(1)
In its determination of any appeal under section 20 of this Act, a District Court may confirm or modify or cancel any or all of the conditions imposed.
(2)
Subject to section 22 of this Act, the decision of a District Court in the determination of an appeal under section 20 of this Act shall be final.
22 Appeal on question of law
(1)
Where any party to any appeal under section 20 of this Act is dissatisfied with the decision of the District Court as being erroneous in point of law, that party may appeal to the High Court by way of case stated for the opinion of that Court on the question of law only.
(2)
Subject to subsection (3) of this section, every appeal under this section shall be heard and determined in accordance with rules of Court.
(3)
The provisions of Part IV of the Summary Proceedings Act 1957 (including the other provisions of that Act that are applied in that Part), so far as they refer to appeals by way of case stated on questions of law only, shall apply, so far as they are applicable and with all necessary modifications, to every appeal under this section.
23 Charging for access to road reserve
(1)
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 rail service operator, of any amount of or in the nature of rent in respect of any works constructed or placed in, on, along, over, across, or under that road.
(2)
Nothing in subsection (1) of this section applies in respect of any rate or charge levied under the Rating Powers Act 1988.
(3)
In this section, the term “road”
includes a motorway within the meaning of the Transit New Zealand Act 1989.
Offences and Penalties
24 Safety offences
(1)
Every person commits an offence who, not having lawful authority to do so, knowingly—
(a)
Places or moves any rail service vehicle or other object on a railway or leaves any rail service vehicle or other object on any part of a railway; or
(b)
Moves, changes, or otherwise interferes with any signal, points, or stop blocks, or shows any signal likely to mislead; or
(c)
Causes or uses or attempts to use, or interferes with or attempts to interfere with, any braking appliances provided in any rail service vehicle; or
(d)
Does any act in respect of a railway that is likely to cause danger to any other person or to any property; or
(e)
Interferes with any railway line, structure, formation, tunnel, bridge, or other part of a railway; or
(f)
Interferes with any telecommunications or radio facility or signal, or gives any false or misleading information by means of any message, signal, or radio that will affect the operation of any rail service vehicle; or
(g)
Enters upon any part of a railway line or rail service vehicle.
(2)
Every person commits an offence who, not having lawful authority to do so, knowingly causes or procures to be done any of the acts mentioned in paragraphs (a) to (g) of subsection (1) of this section.
(3)
Every person who commits an offence against subsection (1) or subsection (2) of this section is liable on summary conviction to imprisonment for a term not exceeding 6 months or to a fine not exceeding $20,000.
25 Trespass causing damage to railway
(1)
Every person commits an offence who, not having lawful authority or the written permission of the appropriate rail service operator to do so,—
(a)
Encroaches on land being part of any railway by constructing or placing any building, fence, ditch, drain, or other obstacle, or planting any tree or shrub thereon; or
(b)
Digs up, removes, alters, or undermines in any way the soil or surface of any such land; or
(c)
Fills up, diverts, alters, or obstructs any ditch, drain, or watercourse that directly carries water off any such land or is made to protect the same; or
(d)
Does any act whereby—
(i)
Any such ditch, drain, or water course is stopped; or
(ii)
The natural flow of water therein is obstructed; or
(e)
Interferes with or diverts any ditch, drain, or watercourse so as to damage or injure any such land or other property of a railway service operator; or
(f)
Fells or removes any tree, shrub, or timber growing on any such land; or
(g)
Interferes with or damages any rail service vehicle or any container or other property carried on a rail service; or
(h)
Interferes with, changes, or moves any building, structure, or property on, under, or over any such land in such a way as to cause damage to any property.
(2)
Every person commits an offence who, not having lawful authority or the written permission of the appropriate rail service operator to do so, causes or procures to be done any of the acts mentioned in paragraphs (a) to (h) of subsection (1) of this section.
(3)
It shall be the duty of the owner, and also of the person in charge of any animal, to prevent the animal from trespassing on any railway or on any part of any railway.
(4)
Every person commits an offence who is the owner of, or is in charge of, any animal found trespassing on any railway.
(5)
Where any stock are found trespassing on any railway,—
(a)
Any employee of the rail service operator of the railway may impound such stock:
(b)
The rail service operator of the railway or any officer, employee, or agent authorised for the purpose by the rail service operator may, in respect of such stock, exercise any of the functions or powers conferred on an occupier of land by the Impounding Act 1955; and the provisions of that Act (except section 26(1)) shall apply accordingly.
(6)
Every person who commits an offence against subsection (1) or subsection (2) or subsection (3) or subsection (4) of this section is liable on summary conviction in respect of each offence to a fine not exceeding,—
(a)
In the case of a body corporate, $20,000; and
(b)
In every other case, $5,000,—
for every day upon which the offence is committed or suffered to continue.
(7)
The provisions of this section are in addition to and not in substitution for the provisions of the Trespass Act 1980.
26 Certificate by rail service operator to be evidence of certain facts
(1)
A certificate signed by the rail service operator to the effect—
(a)
That any specified land belonging to either Her Majesty or the rail service operator or forming part of a public reserve, or any specified fixed or movable property belonging to the rail service operator, is in fact included as a portion of a railway or of any service for the carriage of passengers or goods lawfully carried on by the rail service operator; or
(b)
That any railway is in fact open for traffic,—
shall, in the absence of evidence to the contrary, be sufficient evidence of the fact.
(2)
The land or property to which any such certificate relates may be specified therein by words of general or particular description, as the rail service operator considers appropriate.
Compare: 1981, No. 119, s. 117
27 Railway Boards abolished
Every Railway Board constituted under section 4 of the Local Railways Act 1914 is hereby abolished.
28 Repeals
(1)
The enactments specified in the Schedule to this Act are hereby repealed.
(2)
The following enactments are hereby repealed:
(a)
Part XIV (comprising sections 175 to 183) of the Public Works Act 1981:
(b)
Sections 46 and 47 of the New Zealand Railways Corporation Act 1981:
(c)
Sections 44 and 45 of the Public Works Amendment Act 1988, and the headings above section 44 of that Act:
(d)
The New Zealand Railways Corporation Restructuring Act 1990: Clauses 2, 4, and 6 of the First Schedule, and so much of the Third Schedule as relates to the Public Works Act 1981.
(3)
Subsection (2) of this section shall come into force on a date to be appointed by the Governor-General by Order in Council, and one or more Orders in Council may be made bringing different paragraphs of that subsection into force on different dates.
Schedule Enactments Repealed
Section 28(1)
1908, No. 49—The District Railways Act 1908 (R.S. Vol. 6, p. 163).
1908, No. 199—The Tramways Act 1908 (R.S. Vol. 11, p. 639).
1910, No. 74—The Tramways Amendment Act 1910 (R.S. Vol. 11, p. 671).
1911, No. 22—The Tramways Amendment Act 1911 (R.S. Vol. 11, p. 680).
1913, No. 64—The Tramways Amendment Act 1913 (R.S. Vol. 11, p. 682).
1914, No. 32—The Local Railways Act 1914 (R.S. Vol. 17, p. 279).
1915, No. 19—The Tramways Amendment Act 1915 (R.S. Vol. 11, p. 684).
1915, No. 31—The Local Railways Amendment Act 1915 (R.S. Vol. 17, p. 316).
1920, No. 60—The District Railways Amendment Act 1920 (R.S. Vol. 11, p. 206).
1920, No. 61—The Local Railways Amendment Act 1920 (R.S. Vol. 17, p. 316).
1920, No. 81—The Tramways Amendment Act 1920 (R.S. Vol. 11, p. 685).
1926, No. 34—The Local Railways Amendment Act 1926 (R.S. Vol. 17, p. 317).
1930, No. 28—The Tramways Amendment Act 1930 (R.S. Vol. 11, p. 685).
1944, No. 25—The Statutes Amendment Act 1944: Section 66 and the heading above that section (R.S. Vol. 11, p. 686).
1946, No. 40—The Statutes Amendment Act 1946: Sections 73 to 75, and the heading above section 73 (R.S. Vol. 11, p. 686).
1959, No. 83—The Tramways Amendment Act 1959 (R.S. Vol. 11, p. 690).
1969, No. 109—The Tramways Amendment Act 1969 (R.S. Vol. 11, p. 690).
1973, No. 96—The Tramways Amendment Act 1973 (R.S. Vol. 11, p. 691).
1974, No. 66—The Local Government Act 1974: Section 587(2) (R.S. Vol. 25, p. 1).
1976, No. 125—The Tramways Amendment Act 1976 (R.S. Vol. 11, p. 691).
1978, No. 128—The Tramways Amendment Act 1978 (R.S. Vol. 11, p. 692).
1979, No. 114—The Tramways Amendment Act 1979 (R.S. Vol. 11, p. 692).
1981, No. 35—The Public Works Act 1981: Sections 164, 167, 171, and 172.
1981, No. 119—The New Zealand Railways Corporation Act 1981: Sections 19, 31a, 44, 45, 50 to 55, 57, and 58.
1983, No. 127—The New Zealand Railways Corporation Amendment Act (No. 2) 1983: Section 3.
1988, No. 58—The District Railways Amendment Act 1988.
1988, No. 72—The Local Railways Amendment Act 1988.
1988, No. 76—The New Zealand Railways Corporation Amendment Act 1988: Section 4.
1988, No. 84—The Tramways Amendment Act 1988.
1990, No. 105—The New Zealand Railways Corporation Restructuring Act 1990: The expression “19, 31a, 50, 51, 53, 55, 57”
in clause 1 of the First Schedule. So much of the Third Schedule as relates to the District Railways Act 1908 and the Public Works Act 1981.
This Act is administered in the Ministry of Transport.
"Related Legislation
"Related Legislation
"Related Legislation
Versions
Railway Safety and Corridor Management Act 1992
RSS feed link copied, you can now paste this link into your feed reader.