2 Interpretation

• (1) In this Act, unless the context otherwise requires,—

  all practicable steps, in relation to achieving any result in any circumstances, means all steps to achieve the result that it is reasonably practicable to take in the circumstances, having regard to—

  • (a) the nature and severity of the serious harm or significant property damage that may be suffered if the result is not achieved; and

  • (b) the current state of knowledge about the likelihood that harm or damage of that nature and severity will be suffered if the result is not achieved; and

  • (c) the current state of knowledge about harm or damage of that nature; and

  • (d) the current state of knowledge about the means available to achieve the result, and about the likely efficacy of each of those means; and

  • (e) the availability and cost of each of those means

  all practicable steps: this definition was inserted, as from 5 December 2006, by section 6(1) Gas Amendment Act 2006 (2006 No 71).

  Authorised means authorised by the Secretary

  Biogas means the mixture of gases that is produced by anaerobic microbial decomposition of organic matter and that principally comprises methane and carbon dioxide together with lesser amounts of hydrogen sulphide, water vapour, or other gases

  Board means the Plumbers, Gasfitters, and Drainlayers Board constituted under the Plumbers, Gasfitters, and Drainlayers Act 1976

  Consumer—

  • (a) Means any person who is supplied, or who applies to be supplied, with gas; but

  • (b) Does not include any gas producer or any gas distributor or gas retailer, except where the gas producer or, as the case may be, the gas distributor or gas retailer is supplied, or applies to be supplied, with gas for its own consumption and not for the purposes of resupply to any other person:

  Container does not include a pipe

  Corporation means the Natural Gas Corporation of New Zealand Limited

  Distribution system means all fittings, whether above or below ground, under the control of a gas distributor and used to distribute gas from—

  • (a) The boundary of the gasworks or gate station outlet flange supplying gas for distribution; or

  • (b) The outlet of the container in which gas for distribution is stored—

  to the outlet of the gas measurement system of the place at which the gas is supplied to a consumer or gas refueller (or, where no such gas measurement system is provided, to the custody transfer point of the place at which the gas is supplied to a consumer or gas refueller); and, for the purposes of any regulations made under section 54 of this Act relating to odorisation or the measurement of calorific value, includes a gas transmission system

  Document has the same meaning as in section 2(1) of the Official Information Act 1982

  Dwellinghouse means any building or part of a building occupied as a separate dwelling; but does not include a meter box or gas measurement system located on the exterior of the building or the part of the building

  Electric works means any works within the meaning of the Electricity Act 1992

  Existing fittings means any fittings installed before the 1st day of January 1993; and includes any fittings that were partly installed, or work on the installation of which commenced, before the 1st day of January 1993

  Fire brigade has the same meaning as in section 2 of the Fire Service Act 1975; and includes a defence fire brigade and an industrial fire brigade within the meaning of that Act

  Fittings means everything used, or designed or intended for use, in or in connection with the supply, distribution, compression, or use of gas

  Gas means any fuel that is supplied through pipes or in containers and is a gas at a temperature of 15°C and an absolute pressure of 101.325 kilopascals; and includes—

  • (a) Biogas, coal gas, liquefied petroleum gas, natural gas, oil gas, producer gas, refinery gas, reformed natural gas, and tempered liquefied petroleum gas:

  • (b) Any gaseous substance that the Governor-General declares by Order in Council to be a gas for the purposes of this Act:

  • (c) Any mixture of gases:

  Gas appliance means any appliance that uses, or is designed or intended to use, gas, whether or not it also uses, or is designed or intended to use, any other form of energy

  Gas code of practice or code means a gas code of practice issued pursuant to section 37 of this Act

  Gas distributor means any person who supplies line function services to any other person or persons

  Gas inspector has the same meaning as in section 2 of the Plumbers, Gasfitters, and Drainlayers Act 1976

  Gas installation means an installation, including a gas appliance (other than a portable gas appliance that is designed to have within it, or attached to it, its own source of gas), that is connected or intended to be connected with any source (including any container) from which gas is supplied; and includes any associated fittings; but does not include any part of a distribution system

  Gas measurement system means a system for measuring the quantity of any gas or the energy content of any gas, whether by actual measurement or by estimation; and includes any equipment that forms part of, or is ancillary to, any such system

  Gas operator means—

  • (a) Any person that, immediately before the 1st day of April 1993, was the holder, or was deemed to be the holder, of a franchise granted under Part 2 of the Gas Act 1982; and

  • (b) Any person declared under section 5 of this Act to be a gas operator for the purposes of this Act or any provision or provisions of this Act:

  Gas operator: paragraph (b) of this definition was amended, as from 22 October 2003, by section 3 Gas Amendment Act 2003 (2003 No 74) by omitting the words “by the Governor-General by Order in Council”.

  Gas refueller means a gas retailer that supplies gas in containers, or directly into containers

  Gas retailer means any person who supplies gas to another person or other persons for any purpose other than for resupply by the other person or persons

  Gas transmission means the supply of line function services by means of high pressure gas pipelines operated at a gauge pressure exceeding 2,000 kilopascals

  Gas wholesaler—

  • (a) Means—

    • (i) The Corporation; and

    • (ii) Any person who supplies gas to any other person or persons for the purpose of resupply by the other person or persons (whether or not the person who so supplies the gas is also a gas retailer); and

  • (b) Includes any person any subsidiary of which is a gas wholesaler:

  Gasfitting has the same meaning as in section 2 of the Plumbers, Gasfitters, and Drainlayers Act 1976

  infringement fee

  infringement notice

  infringement offence

  level crossing has the same meaning as in section 4(1) of the Railways Act 2005

  Level crossing: this definition was substituted, as from 20 July 2005, by section 103(3) Railways Act 2005 (2005 No 37). See sections 105 to 111 of that Act as to the transitional provisions.

  Line function services means—

  • (a) The provision and maintenance of pipelines for the conveyance of gas:

  • (b) The operation of such pipelines, including the assumption of responsibility for losses of gas:

  local authority means a territorial authority within the meaning of the Local Government Act 2002

  Local authority: this definition was substituted, as from 1 July 2003, by section 262 Local Government Act 2002 (2002 No 84). See sections 273 to 314 of that Act as to the savings and transitional provisions.

  Maintain includes to repair; and maintenance has a corresponding meaning

  Metal working means the working of any metal by any process of flame cutting, welding, brazing, or silver soldering, involving the use of any gas

  Minister means, subject to any enactment, the Minister of the Crown who, under the authority of any warrant or with the authority of the Prime Minister, is for the time being responsible for the administration of this Act

  Ministry means, subject to any enactment, the department of State that, with the authority of the Prime Minister, is for the time being responsible for the administration of this Act

  Official standard, in relation to a gas code of practice, means—

  • (a) A New Zealand Standard within the meaning of the Standards Act 1988; and

  • (b) A standard specification prescribed by any standards organisation within the meaning of that Act:

  Pipe includes tubes, hoses, and associated fittings

  Pipeline owner means a person that owns pipelines for the conveyance of gas

  Place means—

  • (a) Any land, house, shop, factory, premises, building, or any part of a building that is separately occupied:

  • (b) Any vessel within any harbour or inland waters:

  • (c) Any aircraft, hovercraft, or vehicle:

  Pleasure vessel has the same meaning as in section 2(1) of the Shipping and Seamen Act 1952

  point of supply

  Price includes valuable consideration in any form, whether direct or indirect; and also includes any consideration that in effect relates to the acquisition of goods or services or the acquisition or disposition of any interest in land, although ostensibly relating to any other matter or thing

  Relocatable building means any structure designed or adapted for human occupation that is designed to be relocatable; but does not include any tent

  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 public footpath; and also includes a State highway within the meaning of section 2(1) of the Government Roading Powers Act 1989; but does not include—

  • (a) A private road within the meaning of section 315 of the Local Government Act 1974; or

  • (b) A motorway within the meaning of the Government Roading Powers Act 1989; or

  • (c) Any roadway laid out by order of the Maori Land Court under Part 27 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:

  Roading structure means any bridge, underpass, overpass, culvert, or tunnel

  Secretary means the chief executive of the Ministry; and includes any person for the time being authorised by delegation to exercise or perform any of the powers or functions of the Secretary under this Act

  serious harm means—

  • (a) death; or

  • (b) harm that incapacitates, or is likely to incapacitate, the person suffering harm for 48 hours or more; or

  • (c) harm that incapacitates, or is likely to incapacitate, the person suffering harm due to the inhalation of carbon monoxide; or

  • (d) harm of the kinds and descriptions that are serious harm under the Health and Safety in Employment Act 1992

  serious harm: this definition was inserted, as from 5 December 2006, by section 6(1) Gas Amendment Act 2006 (2006 No 71).

  Subsidiary

  [Repealed]

  Subsidiary: this definition was repealed, as from 28 September 1993, by section 2(1) Gas Amendment Act 1993 (1993 No 144).

  Telecommunications line means any line within the meaning of the Telecommunications Act 2001

  Telecommunications line: this definition was amended, as from 20 December 2001, by section 158 Telecommunications Act 2001 (2001 No 103) by substituting the expression “2001” for the expression “1987”.

  Worker means any person who is employed or engaged (whether under a contract of service or a contract for services) to do any work for hire or reward

  Working day means any day of the week other than—

  • (a) Saturday, Sunday, Good Friday, Easter Monday, Anzac Day, Labour Day, the Sovereign's birthday, and Waitangi Day; and

  • (b) A day in the period commencing with the 25th day of December in any year and ending with the 15th day of January in the following year.

  (2) [Repealed]

  (3) Any notice required or authorised by this Act to be served on any person shall be delivered to that person, and may be delivered either personally or by posting it to that person at the person's last known place of abode or business in New Zealand. A notice so posted shall be deemed to have been served at the time when the letter would in the ordinary course of post be delivered.

  Compare: 1982 No 27 s 2

  Section 2(1) consumer paragraph (b): amended, on 14 October 2008, by section 31(2)(a) of the Commerce Amendment Act 2008 (2008 No 70).

  Section 2(1) consumer paragraph (b): amended, on 14 October 2008, by section 31(2)(b) of the Commerce Amendment Act 2008 (2008 No 70).

  Section 2(1) road: amended, on 1 August 2008, by section 50(1) of the Land Transport Management Amendment Act 2008 (2008 No 47).

  Road: this definition was amended, as from 28 July 1997, by section 2(1) Gas Amendment Act 1997 (1997 No 46) by inserting the words “and also includes a public footpath;”.

  Road: paragraph (a) was substituted, as from 28 July 1997, by section 2(2) Gas Amendment Act 1997 (1997 No 46).

  Section 2(1) road paragraph (b): amended, on 1 August 2008, by section 50(1) of the Land Transport Management Amendment Act 2008 (2008 No 47).

  Subsection (2) was repealed, as from 28 September 1993, by section 2(2) Gas Amendment Act 1993 (1993 No 144).

3 Application

• (1) Subject to subsection (2) of this section, and except as expressly provided elsewhere in this Act, or in any other Act, this Act shall apply to every gas distributor, every gas retailer, and every consumer.

  (2) Nothing in this Act (other than sections 54(1)(n)(ii) and 55) applies to—

  • (a) Any gas in circumstances in which any of the following enactments, or any regulations made under any of those enactments, apply:

    • (i) Part 1 of the Crown Minerals Act 1991:

    • (ii) The Shipping and Seamen Act 1952:

    • (iii) The Transport Act 1962 or the Land Transport Act 1998:

  • (b) Any gas installation or class of gas installation that the Governor-General declares by Order in Council to be a gas installation or, as the case requires, a class of gas installation to which this Act does not apply:

  • (c) Any gas appliance or class of gas appliance that the Governor-General declares by Order in Council to be a gas appliance or, as the case requires, a class of gas appliance to which this Act does not apply:

  • (d) Any gas used as a feedstock, excluding any gas being reformed for use as a gaseous fuel:

  • (e) Any gas appliance used in metal working and fuelled exclusively by acetylene or any prescribed gas:

  • (f) Any gas appliance designed to be fuelled exclusively from a container not exceeding 120 millilitres in capacity:

  • (g) Any container used, or designed or intended to be used, for the storage of gas:

  • (h) Any liquefied petroleum gas that is in a liquid form and is in a pipe.

  Compare: 1982 No 27 s 3

  Subsection (2)(a)(iii) was amended, as from 1 March 1999, by section 215(1) Land Transport Act 1998 (1998 No 110) by inserting the words “or the Land Transport Act 1998”.

  Subsection (2) was further amended, as from 27 September 2001, by section 3 Gas Amendment Act 2001 (2001 No 67), by inserting after the words “Nothing in this Act”, the words “(other than sections 54(1)(n)(ii) and 55)”.

4 Act to bind the Crown

• This Act binds the Crown.

5 Declaration of person as gas operator

• (1) The Minister may, by notice in the Gazette, declare a person to be a gas 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 start or carry on a business as a gas distributor.

  (2) The Minister must, as soon as reasonably practicable, by notice in the Gazette, declare that a person ceases to be a gas operator on a date stated in the notice if the Minister is satisfied that the person no longer carries on a business as a gas distributor.

  Section 5 was substituted, as from 22 October 2003, by section 4 Gas Amendment Act 2003 (2003 No 74).

6 Functions of Secretary

• The functions of the Secretary under this Act are—

  • (a) To carry out such enquiries, tests, audits or investigations as may be necessary to determine whether or not a person is complying with this Act:

  • (b) To take all such lawful steps as may be necessary to ensure the safe supply and use of gas:

  • (c) To perform such other functions as are provided for under this Act.

  Compare: 1982 No 27 s 5

7 Inspection of distribution systems, etc

• (1) For the purposes of performing any of the Secretary's functions under this Act, the Secretary may at any reasonable time inspect the whole or any part of any distribution system, gas installation, or gas appliance.

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

  (3) Before carrying out any inspection under this section, the Secretary shall give to the person who has control of or who is using the distribution system, gas installation, or gas appliance, and to the occupier of the land affected, reasonable notice of the Secretary's intention to carry out the inspection.

  (4) Where the Secretary has entered any place under subsection (2) of this section, he or she may—

  • (a) Inspect any fittings or gas appliance:

  • (b) Test any substance that he or she reasonably believes to be gas; test any gas measurement system; and carry out any other test that the person reasonably considers necessary or desirable for the purposes of this Act:

  • (c) Without limiting paragraph (b) of this subsection, take (without payment) samples of any substance that he or she reasonably believes to be gas, for the purposes of examination and testing:

  • (d) For the purposes of examination and testing,—

    • (i) Remove any fittings, unless the removal of those fittings would unreasonably interfere with the operation of any distribution system:

    • (ii) Remove any gas appliance:

  • (e) By notice in writing require any person whom the Secretary reasonably believes to be for the time being in charge of any place, or of any fittings or gas appliance in the place, to take any specified action in respect of that place or those fittings or that gas appliance that the Secretary reasonably believes is necessary to render that place or those fittings safe:

  • (f) Require any person who has control of or who uses the distribution system, gas installation, or gas appliance to produce any document required by this Act or any regulations made under section 54 or section 55 of this Act to be kept by that person, and may examine and make copies of, or take extracts from, any such document.

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

  Compare: 1982 No 27 s 8

  Section 7(5): amended, on 1 August 2008, by section 50(1) of the Land Transport Management Amendment Act 2008 (2008 No 47).

8 Report to be compiled

• (1) Where any test is carried out under section 7 of this Act, the person who carries out the test shall—

  • (a) Compile a written report of the results of the test; and

  • (b) Give a copy of the report to—

    • (i) The person whom the person reasonably believed to be in charge of the place in which the test was carried out or from which any substance or fittings or gas appliance was taken for testing; and

    • (ii) The owner or occupier of that place (where that person is not the person referred to in subparagraph (i) of this paragraph); and

    • (iii) The person who had control of or, as the case may be, who was using that substance or those fittings or that gas appliance (where that person is not the person referred to in subparagraph (i) or subparagraph (ii) of this paragraph).

  (2) Where any inspection is carried out under section 7 of this Act, the person who carries out the inspection shall—

  • (a) Compile a written report of the results of the inspection; and

  • (b) Give a copy of the report to any person who is entitled to receive it and who requests such a copy.

  (3) Without limiting any other enactment, the following persons are entitled, on request, to be given a copy of a report compiled in respect of an inspection carried out under section 7 of this Act in any place:

  • (a) The owner of that place:

  • (b) The occupier of that place:

  • (c) The gas distributor, gas retailer, or consumer concerned (where that person is not the owner or occupier of that place).

  Compare: 1982 No 27 s 9

9 Special powers of Secretary

• (1) The Secretary may at any time, by notice in writing, require any person who has control of or who uses any distribution system, gas installation, or gas appliance to take apart or dismantle any fittings to facilitate or assist an inspection for the purposes of this Act.

  (2) The Secretary may at any time, by notice in writing, require any gas wholesaler, gas distributor, gas retailer, or consumer—

  • (a) To replace any gas measurement system, or any part of any gas measurement system, that is owned by that gas wholesaler, gas distributor, gas retailer, or consumer and that is part of a distribution system or a gas installation; and

  • (b) To deliver the replaced gas measurement system or part for inspection and testing.

  (3) Where the Secretary believes on reasonable grounds in respect of any place—

  • (a) That there is a danger or potential danger to the safety of any persons or property arising directly or indirectly from the presence or escape of any gas; or

  • (b) That, because of anything done or omitted to be done, or intended to be done or not to be done, by any person, there would be a danger or potential danger to any persons or property should any gas be present or escape,—

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

  (3A) 

  (3B) 

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

  Compare: 1982 No 27 s 10

  Section 9(4): amended, on 1 August 2008, by section 50(1) of the Land Transport Management Amendment Act 2008 (2008 No 47).

10 Objections to Secretary's requirements

• (1) Every person who is affected by any notice given under section 7(4)(e) or section 9(1) or section 9(2) of this Act, or any requirement made under section 9(3) of this Act, may, within 15 working days after receiving the notice or being made subject to the requirement, object to that notice or requirement.

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

  (3) Every notice of objection shall specify the grounds of the objection.

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

  (5) The Registrar of the Court shall give notice of the time and place fixed for the hearing of the objection to the objector and the Secretary.

  Compare: 1982 No 27 s 11(2)-(4)

11 Effect of notice or requirement pending hearing

• Subject to section 14 of this Act, where a notice of objection is lodged under section 10 of this Act, the notice or requirement to which the notice of objection relates shall be suspended until an order is made by a District Court under section 12(2) of this Act, or until the withdrawal of the objection or the withdrawal of the notice or requirement, whichever occurs first.

  Compare: 1982 No 27 s 11(7)

12 Procedure on hearing of objection

• (1) On the hearing of an objection under section 10 of this Act, both the objector and the Secretary, either personally or by their counsel, shall be entitled to be present and be heard.

  (2) On hearing the objection, the Court may by order confirm, reverse, or modify the notice or requirement.

  (3) Subject to section 13 of this Act, every order made under subsection (2) of this section shall be final.

  Compare: 1982 No 27 s 11(5), (6)

13 Appeal on question of law

• (1) Where any party to an objection under section 10 of this Act is dissatisfied with the decision of a District Court on that objection 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 4 of the Summary Proceedings Act 1957 (including the other provisions of that Act that are applied in that Part), so far as they relate 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.

  (4) Subject to section 14 of this Act, 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 until a District Court Judge certifies that the appeal has not been prosecuted, or the Registrar of the High Court has certified that the appeal has been dismissed for non-prosecution, whichever occurs first.

14 Secretary may require immediate compliance

• (1) Notwithstanding sections 11 and 13(4) of this Act, where a notice of objection is lodged under section 10 of this Act by any person in respect of any notice or requirement, the Secretary may advise the objector that the Secretary 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.

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

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

  (4) 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.

  Compare: 1982 No 27 s 11(8)-(11)

15 Appeal against decision on application for injunction

• (1) A party to proceedings under this Act on an application under section 14(3) may appeal to the High Court against any decision of the District Court.

  (1A) The High Court Rules and sections 74 to 78 of the District Courts Act 1947, with all necessary modifications, apply to an appeal under subsection (1) as if it were an appeal under section 72 of that Act.

  (2) On the ex parte application of the appellant, the District Court may order that the appellant must not be required under section 74(1) of the District Courts Act 1947 to give the Registrar of the High Court security for costs.

  (2A) Subsection (2) overrides subsection (1A).

  (3) A party to any appeal under subsection (1) of this section 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.

  (4) 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.

  (5) 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.

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

  Subsection (1) was substituted, as from 24 November 2003, by section 4 District Courts Amendment Act 2002 (2002 No 63). See section 5 of that Act for the transitional provision relating to appeals. See clause 2 District Courts Amendment Act Commencement Order 2003 (SR 2003/281).

  Subsection (1A) was inserted, as from 24 November 2003, by section 4 District Courts Amendment Act 2002 (2002 No 63). See section 5 of that Act for the transitional provision relating to appeals. See clause 2 District Courts Amendment Act Commencement Order 2003 (SR 2003/281).

  Subsection (2) was substituted, as from 24 November 2003, by section 4 District Courts Amendment Act 2002 (2002 No 63). See section 5 of that Act for the transitional provision relating to appeals. See clause 2 District Courts Amendment Act Commencement Order 2003 (SR 2003/281).

  Subsection (2A) was inserted, as from 24 November 2003, by section 4 District Courts Amendment Act 2002 (2002 No 63). See section 5 of that Act for the transitional provision relating to appeals. See clause 2 District Courts Amendment Act Commencement Order 2003 (SR 2003/281).

16 Assessors

• (1) Where any objection has been lodged under section 10 of this Act, the Secretary or the objector may ask for the objection to be heard with the assistance of 2 assessors, one to be appointed by the Secretary and the other by the objector.

  (2) 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.

  (3) 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.

  Compare: 1982 No 27 s 12; 1989 No 44 s 86(1)

17 Notification of accidents

• (1) This section applies to every accident—

  • (a) that involves the production, conversion, supply, distribution, or use of gas; and

  • (b) that results in—

    • (i) serious harm to any person; or

    • (ii) significant property damage.

  (2) [Repealed]

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

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

  • (a) In the case of an accident involving gas supplied by a gas distributor or gas retailer, that gas distributor or gas retailer:

  • (b) Where the accident is discovered by any person who is a registered gasfitter or a craftsman gasfitter or a registered gas inspector within the meaning of the Plumbers, Gasfitters, and Drainlayers Act 1976, or who is working under an employer licence issued under that Act, that person:

  • (c) In all other cases, the occupier of the place where the accident occurred.

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

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

  • (a) section 16(3) of the Electricity Act 1992:

  • (b) section 25(3) of the Health and Safety in Employment Act 1992.

  Compare: 1982 No 27 s 14

  The heading to section 17 was amended, as from 5 December 2006, by section 8(1) Gas Amendment Act 2006 (2006 No 71) by omitting the words “and investigation”.

  Subsection (1) was substituted, as from 5 December 2006, by section 8(2) Gas Amendment Act 2006 (2006 No 71).

  Subsection (2) was repealed, as from 5 December 2006, by section 8(2) Gas Amendment Act 2006 (2006 No 71).

  Subsection (6) was inserted, as from 5 December 2006, by section 8(3) Gas Amendment Act 2006 (2006 No 71).

17A Transfer of accident information

• (1) The Secretary must, as soon as practicable after he or she is notified of an accident under section 17, provide the notice or information that has been given to the Secretary to—

  • (a) the person who must be notified of the particulars of an accident under section 16(3) of the Electricity Act 1992 if the Secretary is of the opinion that section 16 of that Act applies to the accident; and

  • (b) the person who must be notified of the occurrence of an accident under section 25(3) of the Health and Safety in Employment Act 1992 if the Secretary is of the opinion that section 25 of that Act applies to the accident.

  (2) Subsection (1)(a) does not apply if the Secretary and the person who must be notified of the particulars of an accident under section 16(3) of the Electricity Act 1992 are the same person.

  Section 17A was inserted, as from 5 December 2006, by section 9 Gas Amendment Act 2006 (2006 No 71).

18 Interference with scene of accident

• (1) No person shall interfere in any way with the scene of any accident to which section 17 of this Act applies without the permission of the Secretary, or if the Secretary is not present, a member of the Police or a member of a fire brigade, 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 gas.

  (2) Where any person does interfere in any way with the scene of any accident to which section 17 of this Act applies, the person shall as soon as practicable notify the Secretary of the action the person has taken.

  (3) Nothing in subsection (1) of this section applies in respect of any person who is investigating the accident pursuant to the Health and Safety in Employment Act 1992.

  Compare: 1982 No 27 s 14(4), (5)

19 Inquiries into accidents

• (1) The Secretary may conduct an inquiry into any accident to which section 17 of this Act applies to establish the cause of the accident.

  (2) Where the Secretary believes, on reasonable grounds, that any occurrence may be an accident to which section 17 of this Act applies, the Secretary may conduct a preliminary inquiry in order to establish whether or not the occurrence is such an accident.

  (3) Subject to section 22 of this Act, the Secretary may, for the purpose of any inquiry or preliminary inquiry under this section, require any person to supply to the Secretary all such information as that person may have of relevance to the inquiry or preliminary inquiry.

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

  Compare: 1982 No 27 s 14(6), (7)

20 Assistance to Secretary

• Where the Secretary is performing any duty or exercising any power in respect of any place, or any fittings or gas appliance 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 or the fittings or the gas appliance, shall provide all such facilities and assistance as the Secretary may reasonably require.

  Compare: 1982 No 27 s 15

21 Obstructing Secretary

• Every person commits an offence and is liable on summary conviction to a fine not exceeding $10,000 who—

  • (a) Intentionally obstructs the Secretary when the Secretary is lawfully carrying out duties under this Act:

  • (b) Refuses or fails without reasonable excuse—

    • (i) To produce any document when required to do so by the Secretary for the purposes of this Act; or

    • (ii) To allow the Secretary to examine or make copies of or take extracts from any such document; or

    • (iii) To supply any information required of the person by the Secretary under this Act; or

    • (iv) To comply with any other lawful order or requisition given or made by the Secretary:

  • (c) Intentionally damages or interferes with any property used by, or supplied for the use or in the possession of, the Secretary for the purposes of this Act:

  • (d) Fails without reasonable excuse to report any accident to which section 17 of this Act applies when required to do so by subsection (3) of that section, or interferes in any way with the scene of any such accident otherwise than in accordance with section 18(1) of this Act, or, having interfered in any such scene in accordance with section 18(1) of this Act, fails without reasonable excuse to notify the Secretary of the steps he or she has taken as required by section 18(2) of this Act.

  Compare: 1982 No 27 s 16

22 Privilege against self-incrimination

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

23 Protection of existing fittings

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

  Compare: 1987 No 116 s 20; 1988 No 164 s 17

24 Rights of entry in respect of existing fittings

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

  • (a) Inspecting, maintaining, or operating the fittings:

  • (b) In the case of fittings the construction, erection, or laying of which had not been completed before the 1st day of January 1993, completing the fittings.

  (2) A certificate under the seal of the owner of any existing fittings containing a statement that a specified fitting was installed (in whole or in part) before the 1st day of January 1993 under the authority of the Petroleum Act 1937 or the Gas Act 1982 (or any Act repealed by either of those Acts) 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.

  Compare: 1987 No 116 s 12; 1988 No 164 s 14

25 Construction or maintenance of fittings on roads

• (1) Except as provided in subsection (2) of this section, a gas operator may from time to time construct, place, and maintain fittings 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 for the supply of gas; or

    • (ii) Any pipe (not being a main) for the supply of water; or

    • (iii) Any telecommunications line; or

    • (iv) Any electric works—

    that are laid or placed in, on, along, over, across, or under that road:

  • (c) Alter, repair, or remove any fittings so constructed, placed, or maintained, or any part of any such fittings.

  (2) No gas operator shall exercise the powers contained in subsection (1) of this section otherwise than 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 works, as the case may be.

  (3) Without limiting the generality of subsection (2) of this section, 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 gas operator, a condition requiring the gas operator to meet the reasonable costs and expenses of that local authority or other body or person—

  • (a) In processing any notice given under section 26(1) of this Act by the gas operator in relation to the work:

  • (b) In supervising the carrying out of the work, where such supervision is necessary in the circumstances of the case.

  (4) Nothing in subsection (1) of this section applies in respect of the construction of fittings for the purposes of gas transmission.

  Compare: 1987 No 116 s 15; 1988 No 164 s 16

26 Notice to be given before work undertaken

• (1) Except as provided in subsection (5) of this section, before a gas operator proceeds to undertake any work pursuant to the powers contained in section 25(1) of this Act, the gas 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 works that are laid or placed in, on, along, over, across, or under that road and that will be affected, or are 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 gas operator in writing of any conditions imposed pursuant to section 25(2) of this Act.

  (4) Where a person who is given a notice pursuant to subsection (1) of this section fails to notify the gas operator of the conditions imposed pursuant to section 25(2) of this Act within the period referred to in subsection (3) of this section, no such conditions may be imposed, and the gas operator may commence work.

  (5) Where any such work is rendered urgent and necessary by any defective equipment, or other emergency, the gas 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.

  Compare: 1987 No 116 s 15A; 1988 No 164 s 16

27 Offence

• (1) Every gas operator commits an offence and is liable on summary conviction to a fine not exceeding $10,000 who fails to comply with section 25 or section 26 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.

  Compare: 1987 No 116 s 15B; 1988 No 164 s 16

28 Appeals in relation to conditions imposed

• (1) A gas operator shall have a right of appeal to a District Court against all or any of the conditions imposed pursuant to section 25(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 works.

  (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.

  Compare: 1987 No 116 s 15C; 1988 No 164 s 16

29 Determination of appeals

• (1) In its determination of any appeal under section 28 of this Act, a District Court may confirm or modify or cancel any or all of the conditions imposed.

  (2) Subject to section 30 of this Act, the decision of a District Court in the determination of an appeal under section 28 of this Act shall be final.

  Compare: 1987 No 116 s 15D; 1988 No 164 s 16

30 Appeal on question of law

• (1) Where any party to any appeal under section 28 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 4 of the Summary Proceedings Act 1957 (including the other provisions of that Act that are applied in that Part), so far as they relate 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.

31 Charging for access to road reserve

• (1) Notwithstanding anything in this Act or 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 gas operator, of any amount of or in the nature of rent in respect of any fittings constructed or placed in, on, along, over, across, or under that road.

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

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

  Subsection 2 was substituted, as from 1 July 2003, by section 137(1) Local Government (Rating) Act 2002 (2002 No 6).

  Section 31(3): amended, on 1 August 2008, by section 50(1) of the Land Transport Management Amendment Act 2008 (2008 No 47).

32 Rights of entry in respect of level crossings

• (1) Where—

  • (a) A gas operator wishes to enter upon any level crossing for the purpose of constructing, placing, or maintaining any fittings in, on, along, over, across, or under that level crossing; and

  • (b) After taking all reasonable steps to do so, the gas operator has been unable to negotiate an agreement for entry,—

  the gas 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 a District Court for an order under this section.

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

  • (a) Enter and re-enter the level crossing at reasonable times, with or without such assistants, aircraft, boats, vehicles, appliances, machinery, and equipment as are reasonably necessary for the construction, placing, or maintenance of any fittings:

  • (b) Perform such work as may be reasonably necessary to construct, place, or maintain any fittings.

  (3) Every order under this section shall specify—

  • (a) How and when entry is to be made; and

  • (b) The specific powers intended to be exercised; and

  • (c) Such other conditions (including conditions relating to the payment of compensation) as the Court thinks fit to impose.

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

  (5) Every officer, employee, or agent of a gas 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.

  (6) Nothing in this section applies in respect of the construction, placing, or maintenance of fittings for the purposes of gas transmission.

  Compare: 1987 No 116 s 11; 1988 No 164 s 13

33 Local authority, etc, may require fittings to be moved

• (1) Where any fittings (being fittings to which section 23 of this Act applies or fittings constructed or placed pursuant to section 25 of this Act) 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 fittings to raise, lower, or otherwise alter the position of those fittings.

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

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

  Compare: 1982 No 27 s 48(1), (4)

34 Cost of work required under section 33

• (1) Subject to subsection (2) of this section, the reasonable cost of all work required to be done under section 33(1) of this Act shall be paid by the person that requires the work to be done.

  (2) Where any work is required to be done under section 33(1) of this Act by reason that the fittings to which the work relates—

  • (a) Were laid or erected contrary to any provision of—

    • (i) This Act or any regulations made under section 54 of this Act; or

    • (ii) The Gas Act 1982 (or any enactment repealed by that Act); or

    • (iii) The Electric Power Boards Act 1925; or

    • (iv) the Local Government Act 1974 or the Local Government Act 2002; or

    • (v) The Public Works Act 1981; or

    • (vi) Any local or private Act; or

    • (vii) Any regulations made under any enactment, or under any enactment of any of the classes of enactment, referred to in any of subparagraphs (ii) to (vi) of this paragraph; or

  • (b) Are in a dangerous or unsafe condition,—

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

  (3) Where any person requires any work to be done under section 33(1) of this Act, no claim by or against that person for betterment shall be allowed in respect of that work.

  (4) Where a controlling authority within the meaning of section 54(1) of the Government Roading Powers Act 1989 requires any work to be done under section 33(1) of this Act in relation to any fittings, subsections (1) to (3) of this section shall apply subject to the following provisions:

  • (a) In all cases the cost of materials (being fittings) that are used in the carrying out of the required work (other than fittings used only during the course of construction) shall be paid by the owner of the fittings:

  • (b) Where—

    • (i) As a consequence of the requirement, the owner of the fittings elects to fix fittings to, or install fittings over, under, or through, a roading structure that is being, or is to be, constructed or altered; and

    • (ii) The cost of that construction or those alterations is increased by reason that those fittings will be fixed to, or installed over, under, or through, that roading structure,—

    an amount equal to the amount by which the cost, to the controlling authority, of that construction or those alterations, as the case requires, is so increased shall be paid to the controlling authority by the owner of the fittings:

  • (c) Where, as a consequence of the requirement, the owner of the fittings relocates the fittings and reconstructs them to specifications different from those of the original fittings, the owner of the fittings shall pay the difference between—

    • (i) What it would have cost to relocate and reconstruct the fittings as near as reasonably practicable to their original specifications (excluding any costs to which paragraph (a) of this subsection would have applied), taking into account—

      • (A) Any restrictions or conditions imposed by or under any enactment in relation to the relocation and reconstruction; and

      • (B) The location of the original fittings and the alternatives reasonably available to the owner of the fittings; and

    • (ii) The actual cost of the relocation and reconstruction (excluding any costs to which paragraph (a) of this subsection applies),—

    where the amount calculated in accordance with subparagraph (i) of this paragraph is less than the amount calculated in accordance with subparagraph (ii) of this paragraph.

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

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

  • (a) By agreement between the person liable for the payment and the person to whom it is payable; or

  • (b) Failing such agreement, by arbitration under the Arbitration Act 1908, with one arbitrator to be appointed by each party and an umpire to be appointed by those arbitrators before entering upon their reference.

  Compare: 1982 No 27 s 48(3), (5)

  Subsection (2)(a)(iv) was substituted, as from 1 July 2003, by section 262 Local Government Act 2002 (2002 No 84). See sections 273 to 314 of that Act as to the savings and transitional provisions.

  Section 34(4): amended, on 1 August 2008, by section 50(1) of the Land Transport Management Amendment Act 2008 (2008 No 47).

35 Government Roading Powers Act 1989 not to apply

• Sections 33 and 34 of this Act shall apply notwithstanding anything to the contrary in section 54 of the Government Roading Powers Act 1989.

  Section 35 heading: amended, on 1 August 2008, by section 50(1) of the Land Transport Management Amendment Act 2008 (2008 No 47).

  Section 35: amended, on 1 August 2008, by section 50(1) of the Land Transport Management Amendment Act 2008 (2008 No 47).

36 Owners and occupiers of private land and buildings may move fittings

• (1) Subject to subsection (2) of this section, the owner or occupier of any private land or buildings into, through, or against which fittings to which section 23 of this Act applies have been laid down or placed may, at that person's own expense, on giving written notice to the person that owns the fittings, move such fittings and re-lay or replace them, subject to the work being lawfully carried out and to such conditions as the person that owns the fittings may reasonably impose.

  (2) No fittings may be moved, re-laid, or replaced under subsection (1) of this section without the consent of the person that owns the fittings, but that consent shall not be unreasonably withheld.

  (3) The notice required by subsection (1) of this section shall be given at least 15 working days before work to move the fittings commences.

  Compare: 1982 No 27 s 49

37 Issue of gas code of practice

• (1) The Secretary may from time to time issue any instrument (in this Act referred to as a gas code of practice) for the purposes of, or relating to,—

  • (a) The setting or endorsing of standards or specifications concerning the design, construction, installation, importation, or manufacture of distribution systems, gas installations, fittings, or gas appliances:

  • (b) The setting of standards in respect of gas that is to be supplied to or used by gas retailers and consumers:

  • (c) The operation or use of distribution systems, gas installations, fittings, or gas appliances:

  • (d) The inspection or maintenance of distribution systems, gas installations, fittings, or gas appliances:

  • (e) The safety of persons or property associated with or using distribution systems, gas installations, fittings, or gas appliances:

  • (f) The setting or endorsing of standards or requirements relating to—

    • (i) The training required for any specified class or classes of workers for the purposes of establishing and maintaining safety standards in relation to the manufacture, extraction, storage, processing, treatment, distribution, supply, and application of gas:

    • (ii) The levels of technical or other qualifications necessary for the carrying out of any specified class or classes of gas work:

  • (g) The setting or endorsing of standards, specifications, or requirements relating to or concerning the periodic examination of fittings and gas appliances installed in relocatable buildings or pleasure vessels, or both, and the issue of warrants of gas fitness in respect of such fittings and gas appliances:

  • (h) The setting or endorsing of standards, controls, or requirements for the whole or any part of any tree or vegetation to prevent the interruption of the gas supply system.

  (2) The Secretary may from time to time issue an amendment or revocation of any gas code of practice.

  (3) Every gas code of practice and every amendment or revocation of a gas code of practice shall show the date on which it was issued.

  (4) The Secretary may issue any code of practice, issued in accordance with the Hazardous Substances and New Organisms Act 1996, as a gas code of practice under this Act.

  Compare: 1968 No 125 ss 24A, 24B(1), (2); 1983 No 123 s 6

  Subsection (4) was inserted, as from 2 July 2001, by section 149 Hazardous Substances and New Organisms Act 1996 (1996 No 30). See Parts 11 to 16 of that Act (comprising sections 151 to 259) as to the transitional provisions. See clause 2 Hazardous Substances and New Organisms Act Commencement Order (No 2) 2001 (SR 2001/172).

38 Code may incorporate official standards by reference

• (1) The Secretary may include in any gas code of practice a reference to—

  • (a) An official standard or a specified part of an official standard; or

  • (b) An official standard or a specified part of an official standard with such additions or variations as are specified in the code—

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

  (2) 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.

39 Code to be approved by Minister

• (1) Subject to subsection (5) of this section, a gas 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.

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

  • (a) Not less than 1 month has elapsed since the publication in the Gazette of a notice of the intention of the Secretary to apply for approval; and

  • (b) The Minister has consulted such persons as will be affected by the code or amendment or revocation, or representatives of those persons, and they have had the opportunity to consider its possible effects and to comment on those effects to the Minister; and

  • (c) The Minister has considered any comments made to the Minister concerning those effects.

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

  (4) When the Minister approves a gas code of practice or an amendment or revocation of that code, the Minister shall—

  • (a) Publish a notice of the approval in the Gazette; and

  • (b) Show the date of the approval on the code, amendment, or revocation and promulgate it in such manner as the Minister thinks fit.

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

  Compare: 1968 No 125 s 24C; 1983 No 123 s 6

40 Availability of codes

• (1) The Secretary shall ensure that copies of all gas codes of practice, and all amendments to such codes, that are for the time being in force are available—

  • (a) For inspection by members of the public free of charge; and

  • (b) For purchase by members of the public at a reasonable price.

  (2) The notice of approval published in the Gazette pursuant to section 39(4)(a) of this Act shall show, in relation to the code, or the amendment to 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.

41 Emergency amendment of code

• (1) If the Secretary considers it essential in the interests of safety or ensuring the continuity of the supply or distribution of gas to amend any gas code of practice forthwith, the Secretary may issue an emergency amendment to the code and promulgate it in such manner as the Secretary thinks fit.

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

  (3) 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.

  (4) Subject to subsection (5) of this section, an emergency amendment issued under this section shall for all purposes, while it remains in force, be deemed to have been issued under section 37 of this Act, and to have been approved, on the date of its issue, by the Minister under section 39 of this Act.

  (5) If any regulation made under section 54 of this Act requires compliance with any gas 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.

  (6) Notwithstanding anything in section 41 of the State Sector Act 1988, the Secretary shall not delegate to any other person the power conferred on the Secretary by this section.

  (7) In this section, the term Secretary means the chief executive of the Ministry, and includes any person who is authorised, pursuant to a direction given pursuant to section 40 of the State Sector Act 1988, to exercise the power conferred on the Secretary by this section.

  Compare: 1968 No 125 s 24D; 1983 No 123 s 6

42 Citation of code

• In any regulations made under section 54 of this Act, any gas code of practice or amendment of a gas code of practice may, without prejudice to any other method of citation, be cited by the title or reference given to it by the Secretary and by its date of issue; and such citation shall be deemed, subject to section 41(5) of this Act, to include and refer to the latest gas code of practice or amendment in force when the regulations were made.

  Compare: 1968 No 125 s 24E; 1983 No 123 s 6

43 Proof of code

• (1) Without affecting any other method of proof, the production in any proceedings of a copy of any gas code of practice or amendment or revocation of a gas code of practice, purporting to have been issued by the Secretary 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 37 of this Act and approved by the Minister, on the date shown on it as the date of approval, under section 39 of this Act.

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

  • (a) A copy of an emergency amendment of a gas code of practice purporting to have been issued by the Secretary shall, in the absence of proof to the contrary, be sufficient evidence that it has been issued under the authority of section 41 of this Act on the date shown on it as the date of issue:

  • (b) A certificate under the hand of the Minister that the Minister has continued such an amendment in force until a date specified in the certificate shall, in the absence of proof to the contrary, be sufficient evidence that the amendment has been continued in force until that date under section 41(3) of this Act.

  (3) In any proceedings for an offence against this Act or against any regulations made under section 54 of this Act,—

  • (a) Any requirement or standard prescribed in any gas code of practice by reference to any official standard (not being a New Zealand Standard) may be proved by the production of a copy of such official standard certified to be correct by the Secretary:

  • (b) Judicial notice shall be taken of the signature of the Secretary.

  Compare: 1968 No 125 s 24F; 1983 No 123 s 6

44 Gas suppliers

• (1) Every person who is supplying gas or providing line function services at the date of commencement of this section shall advise the Secretary within 1 month of that date of the place at which that person is carrying on business.

  (2) Every person who intends to commence supplying gas or providing line function services shall notify the Secretary of that person's intention at least 1 month before the commencement of the supply of gas or the provision of line function services, as the case may be, and state that person's place of business.

  (3) Every person who intends to change that person's place of business in relation to the supply of gas or the provision of line function services shall notify the Secretary of the change at least 1 month before the change is to take place.

  Compare: 1982 No 27 s 59

45 Standards for gas supply

• All gas supplied shall be of such quality and pressure as is for the time being prescribed by regulations made under section 54 of this Act.

  Compare: 1982 No 27 s 60

46 Safety requirements for distribution systems, etc

• (1) All distribution systems, gas installations, fittings, and gas appliances shall be of such quality and standard, and shall be constructed, maintained, and operated in accordance with such safety requirements, as are prescribed by regulations made under section 54 of this Act.

  (2) Nothing in subsection (1) of this section applies to any distribution system, gas installation, fittings, or gas appliance exempted from the provisions of this section by regulations made under section 54 of this Act.

  Compare: 1982 No 27 s 61

46A Owners or operators of gas supply systems must have safety management system

46B Offence to breach requirement to have safety management system

47 Testing and inspection of gasfitting work

• (1) Where any gasfitting is carried out, that work or, as the case may require, the gas installation or gas appliance in respect of which that work is carried out shall not be connected to a gas supply unless such testing, certification, and inspection as is required in respect of that work by regulations made under section 54 of this Act has been carried out.

  (2) No person shall sell, or offer for sale, any gas appliance or fittings that have not been tested and certified in accordance with regulations made under section 54 of this Act.

  (3) No person (being a gas wholesaler or gas retailer) shall supply gas for passage through any gas installation unless that person is satisfied that such inspection and certification as is required in respect of that gas installation by regulations made under section 54 of this Act has been carried out.

  (4) Nothing in this section prevents the connection of a gas installation or a gas appliance to a gas supply or a gas supply system, or the supply of gas to a gas installation, where that connection or supply is solely for the purposes of carrying out any testing, inspection, or certification required by any regulations made under section 54 of this Act.

  Compare: 1979 No 139 ss 37, 38

48 Power of entry

• (1) For the purpose of ensuring that the requirements of section 47 of this Act are complied with in relation to any gasfitting, any person authorised by the Board for the purpose may, at any reasonable time, enter any premises (including a dwellinghouse) and—

  • (a) Inspect and test any gas installation or gas appliance on those premises that is, or is intended to be, connected to a gas supply:

  • (b) Make such inquiries as are necessary to determine whether or not any gasfitting on those premises has been properly certified.

  (2) The power of entry conferred by subsection (1) of this section may be exercised whether or not there are any grounds to believe that any gasfitting has not been properly carried out.

  (3) Every person shall give reasonable notice of that person's intention to enter any premises pursuant to subsection (1) of this section to both the owner and the occupier of the premises.

  (4) Every person shall, on entering any premises pursuant to subsection (1) of this section, and when requested at any subsequent time, produce to the person in charge of the premises—

  • (a) Evidence of that person's authority to enter the premises; and

  • (b) Evidence of that person's identity.

  Compare: 1979 No 139 s 39

49 Power to require information

• (1) Where any gasfitting has been done on any premises, any person (being a gas inspector or any other person authorised by or under this Act to inspect gasfitting) may from time to time require any person who was the occupier of the premises at the time the gasfitting was done to furnish, within such reasonable period as the inspector or authorised person may specify, any information or particulars at that person's disposal that are relevant for the purpose of identifying the person who did the gasfitting.

  (2) Every person commits an offence and is liable on summary conviction to a fine not exceeding $5,000 who,—

  • (a) Without reasonable excuse, refuses or fails to comply with any requirement made under subsection (1) of this section; or

  • (b) Makes any statement knowing that it is both incorrect and material in any information or particulars furnished (whether in writing or not) under subsection (1) of this section.

  (3) No person shall be excused from answering any question, or furnishing any information or particulars, when required to do so under subsection (1) of this section on the ground that compliance with that requirement could or would tend to incriminate that person or subject that person to any penalty or forfeiture.

  (4) No statement or disclosure furnished or made by any person in compliance or purported compliance with any requirement made under subsection (1) of this section shall be admissible against that person in any criminal or civil proceedings, other than proceedings for an offence against subsection (2)(b) of this section.

50 Conditions relating to power to enter land or premises

• (1) Subject to subsections (2) and (3) of this section and to sections 32 and 48 of this Act, but notwithstanding any other provision of this Act, any provision in this Act or in any regulations made under section 54 of this Act giving any person the power to enter any land or premises without the consent of the owner or occupier shall be subject to the following conditions:

  • (a) Entry to the land or premises shall only be made by the person specified in the relevant provision or any other person that the person so specified authorises in writing, either specifically or as a member of a class so authorised:

  • (b) Reasonable notice of the intention to enter shall be given unless the giving of the notice would defeat the purpose of the entry:

  • (c) Entry shall be made at reasonable times:

  • (d) The person entering shall carry a warrant of authority or be working under the immediate control of a person holding such authority, which shall be produced on initial entry and, if requested, at any subsequent time:

  • (e) Entry into a dwellinghouse shall be authorised by a warrant from a District Court Judge, Justice, or Community Magistrate, or any Court Registrar (not being a constable), by written application on oath.

  (2) The conditions specified in subsection (1) of this section shall not apply where the entry is necessary in circumstances of probable danger to life or property or where entry is necessary to maintain the continuity or safety of the supply and distribution of gas.

  (3) Nothing in this section shall restrict rights of access in order to obtain consent to enter the land or premises for the authorised purpose in respect of which entry is required.

  (4) Notwithstanding any other provision of this Act, no provision in this Act or in any regulations made under section 54 of this Act giving any person the power to enter any land or premises without the consent of the owner or occupier shall authorise any person to enter or search any restricted area within a defence area (within the meaning of the Defence Act 1990) unless the person entering has a security clearance approved by the person in charge of the area.

  Compare: 1968 No 125 s 15A; 1983 No 123 s 4; 1987 No 111 s 5

  Subsection (1)(e) was amended, as from 30 June 1998, by section 7 District Courts Amendment Act 1998 (1998 No 76), by substituting the words “, Justice, or Community Magistrate” for the words “or Justice”.

51 Compensation for damage

• (1) Every person having any right, title, estate, or interest in any land or property injuriously affected by the exercise from time to time of any powers conferred by this Act on the Secretary or a gas operator or any other owner of existing fittings shall be entitled to full compensation for all loss, injury, or damage suffered by that person.

  (2) In default of agreement between the parties, claims for compensation under this section shall be made and determined within the time and in the manner provided by the Public Works Act 1981, and the provisions of that Act shall, as far as they are applicable and with all necessary modifications, apply with respect to claims under this section.

  (3) Notwithstanding the provisions of any enactment or any rule of law, the exercise of any power conferred by this Act on the Secretary shall not be curtailed, suspended, or delayed by reason of the fact that any claim for compensation under this section has been made but not determined.

  Compare: 1968 No 125 s 16

52 Penalty for obstructing officers

• Every person commits an offence and is liable on summary conviction to a fine not exceeding $10,000 who intentionally obstructs any person in the performance of any duty or in doing any work that that person has lawful authority to do under this Act.

  Compare: 1982 No 27 s 63

53 Notices in relation to Maori land

• (1) Where a notice or other document is to be given to the owner of land for the purposes of this Act, then, in the case of Maori land, the notice or other document may be served on the Registrar of the Maori Land Court in accordance with Part 9 of the Maori Affairs Amendment Act 1974, and the provisions of that Part shall apply accordingly.

  (2) In this section, the term Maori land has the same meaning as in section 2 of the Maori Affairs Act 1953.

54 Regulations

• (1) The Governor-General may from time to time, by Order in Council, make regulations for all or any of the following purposes:

  • (a) Providing for the removal of any fittings or gas appliance erected or used contrary to the provisions of this Act or any regulations made under this section, and for the removal or alteration of any dangerous fittings or dangerous gas appliance, at the expense in all cases of the owner of the fittings or gas appliance:

  • (b) Securing the protection of persons and property from injury or damage caused through gas, either directly or indirectly, by—

    • (i) Authorising, controlling, and prescribing conditions in respect of, the design, construction, installation, maintenance, use, management, inspection, and testing of distribution systems or gas installations:

    • (ii) Authorising, controlling, and prescribing conditions in respect of, the design, installation, manufacture, maintenance, use, inspection, importation, sale, and testing of gas appliances or fittings used or intended to be used in the application of gas:

    • (iii) Prohibiting the manufacture, importation, sale, and use of such gas appliances and fittings as do not satisfy any prescribed tests, standards, or safety criteria:

    • (iv) Requiring such types or categories of gas appliances and fittings as are specified in the regulations, or as are from time to time declared by the Secretary by public notice to be subject to the regulations, to be approved by the Secretary before being offered for sale in New Zealand; providing for the giving of such approval, for the specifying by the Secretary of conditions subject to which such approval may be given, for the variation or withdrawal of any such approval, and for the revocation, variation, or addition of any condition of any such approval; and prescribing circumstances in which types or categories of gas appliances or fittings are deemed to be approved by the Secretary for the purposes of the regulations:

    • (v) Authorising, controlling, restricting, prescribing conditions in respect of, and, where necessary, prohibiting, the construction, installation, use, management, operation, maintenance, transportation, and movement of any structure, device, thing, or substance, whether fixed or movable and whether permanent or temporary, in the vicinity of any fittings or where any fittings may affect or be affected by the structure, device, thing, or substance:

    • (vi) Controlling the existence and location of the whole or any part of any tree or vegetation that is in the vicinity of, or may affect, any fittings:

  • (bb) prescribing requirements for safety management systems:

  • (bc) prescribing, for the purposes of sections 46A, 46B, and 54A, what distribution systems, gas installations, fittings, and gas appliances are deemed to be or not to be a gas supply system (or part of a gas supply system) and the circumstances and conditions in which any distribution systems, gas installations, fittings, and gas appliances are deemed to be or not to be a gas supply system (or part of a gas supply system):

  • (c) Prescribing standards in respect of fittings, gas appliances, gas installations, meters, and gas that are or is to be supplied to or used by gas retailers and consumers:

  • (d) Providing for the periodic examination of fittings and gas appliances installed in relocatable buildings or pleasure vessels, or both, and the issue of warrants of fitness by such persons or class or classes of persons as are prescribed or as are authorised by the Secretary; prescribing fees or maximum fees or authorising the charging of reasonable fees in respect of such examinations (and different fees may be prescribed or provided for in respect of different circumstances and different testing authorities); prescribing the persons to whom any fees are to be paid; and exempting specified relocatable buildings or pleasure vessels, or classes of relocatable buildings or pleasure vessels, from the provisions of the regulations:

  • (e) Prescribing, in relation to workers,—

    • (i) The training required for any specified class or classes of workers for the purposes of establishing and maintaining safety standards in relation to the manufacture, extraction, storage, processing, treatment, distribution, supply, and application of gas:

    • (ii) The levels of technical or other qualifications necessary for the carrying out of any specified class or classes of gas work:

      Provided that nothing in this paragraph shall authorise the making of any regulation in contradiction to the provisions of the Plumbers, Gasfitters, and Drainlayers Act 1976 or any regulations made under that Act:

  • (f) Regulating and controlling—

    • (i) The distribution and supply of gas:

    • (ii) The installation, use, and maintenance of gas measurement systems used for or in connection with the supply or use of gas:

  • (g) Providing for the protection of fittings:

  • (h) Requiring the keeping and retention of such records as are necessary for the purposes of establishing and maintaining safety standards in relation to the production, transmission, distribution, and application of gas, and prescribing the particulars that shall be included in such records:

  • (i) Requiring gas wholesalers to supply to gas retailers and consumers such information on changes in gas composition or variations in gas supplied as is prescribed:

  • (j) Providing for the testing, inspection, and certification of gasfitting:

  • (k) Prescribing standards in respect of the quality, composition, physical properties, dew point, calorific value, purity, odorisation, and odour of gas supplied:

  • (l) Prescribing permissible pressure ranges in respect of the supply of gas:

  • (m) Providing for the testing and sealing of gas measurement systems and calibration equipment; prescribing the manner in which and the means by which such testing and sealing shall be done; and regulating the manner in which and the means by which gas measurement systems and calibration equipment are reassembled in connection with such testing:

  • (n) Authorising the Secretary—

    • (i) In cases of urgency, to issue, in such manner as may be prescribed, instructions, orders, or requirements for securing the protection of persons from injuries caused, directly or indirectly, by gas:

      Provided that any such instruction, order, or requirement shall remain in force for such period, not exceeding 6 months, as may be determined by the Secretary or until its earlier revocation by the Secretary:

    • (ii) To obtain such information concerning the production, transmission, distribution, sale, consumption, application, and supply of gas as may be required for statistical purposes:

    • (iii) To carry out tests on distribution systems, gas installations, fittings, and gas appliances:

  • (o) authorising the Secretary or the chief executive of the department of State responsible for the administration of the Building Act 2004, or both, to exempt specific gas installations, gas appliances, fittings, persons, or things from requirements imposed by regulations made under this section, subject to any conditions that the Secretary or, as the case requires, the chief executive thinks fit:

  • (p) Exempting or providing for the exemption of distribution systems, gas installations, fittings, and gas appliances from the provisions of section 46 of this Act:

  • (q) Prescribing the matters in respect of which fees are payable under this Act; prescribing the amount of the fees or the method by which they are to be assessed; and providing for the remission or refund of any such fees:

  • (r) Prescribing the forms of documents required under this Act, or authorising the Secretary to prescribe or approve such forms, and requiring the use of such forms:

  • (s) Prescribing offences in respect of the contravention of or non-compliance with any regulations made under this section, and the amount of the fine that may be imposed in respect of any such offence, which fine shall be an amount not exceeding $50,000 and, where the offence is a continuing one, a further amount not exceeding $2,000 for every day or part of a day during which the offence has continued:

  • (sb) prescribing infringement offences:

  • (sc) setting the infringement fee for each infringement offence, which,—

    • (i) in the case of an individual, must not exceed $1,000; or

    • (ii) in the case of a body corporate, must not exceed $3,000:

  • (sd) prescribing information to be included in infringement notices and reminder notices:

  • (se) prescribing, for the purposes of this Act, where the point of supply is deemed to be or not to be in relation to any place and the circumstances and conditions in which any point is deemed to be or not to be a point of supply:

  • (t) Providing for such matters as are contemplated by or necessary for giving full effect to the provisions of this Act and for its due administration.

  (2) Any regulations made under any of paragraphs (b) to (m) of subsection (1) of this section may—

  • (a) Require compliance with the whole or any part of any gas code of practice or any official standard:

  • (b) Provide that proof of compliance with—

    • (i) Any gas code of practice, or any part of such a code; or

    • (ia) any official standard, or any part of an official standard; or

    • (ii) Any approved code of practice for the time being in force pursuant to section 20 of the Health and Safety in Employment Act 1992, or any part of any such approved code of practice,—

    shall be proof of compliance with such provisions of the regulations as are specified in the regulations.

  (2A) Regulations may require compliance with an official standard (or a specified part of an official standard) that relates to the subject matter of the regulations by referring to it in the regulations (with any additions or variations that may be specified in the regulations).

  (2B) That official standard (or the specified part), as it existed on the date of the inclusion (but with any specified additions or variations) is then deemed to form part of the regulations.

  (3) Without limiting paragraph (b) of subsection (1) of this section, regulations made under subparagraph (iv) of that paragraph may require types or categories of gas measurement systems to be approved by the Secretary before being offered for sale in New Zealand, notwithstanding that such approval is not required for the purposes of securing the protection of persons and property from injury or damage caused through gas, either directly or indirectly.

  (4) Without limiting the Acts Interpretation Act 1924, no regulation made under this section shall be invalid because it leaves any matter to the discretion of the Secretary or any other person, or because it authorises the Secretary or any other person—

  • (a) To give any consent or approval on or subject to conditions to be imposed or approved by the Secretary or any other person; or

  • (b) To set any standard.

  (5) Notwithstanding section 1(3) of this Act, and without limiting section 12 of the Acts Interpretation Act 1924, no regulation made under this section may be expressed to come into force before the 1st day of April 1993.

  (6) The Minister, before recommending the making of any regulations under this section, shall consult with the Environmental Risk Management Authority established under the Hazardous Substances and New Organisms Act 1996 about the contents of such regulations and shall take into account any submissions made by that Authority.

  Compare: 1968 No 125 s 55; 1982 No 27 s 67; 1983 No 123 s 8; 1987 No 111 s 13

  Subsection (1)(bb) and (bc) was inserted, as from 5 December 2006, by section 13(1) Gas Amendment Act 2006 (2006 No 71).

  Subsection (1)(o) was substituted, as from 31 March 2005, by section 414 Building Act 2004 (2004 No 72). See subpart 4 of Part 5 of that Act (comprising sections 416 to 451) as to the transitional provisions.

  Subsection (1)(s) was amended, as from 5 December 2006, by section 13(2) Gas Amendment Act 2006 (2006 No 71) by substituting the expression “$50,000” for the expression “$10,000”.

  Subsection (1)(sb) to (sc) was inserted, as from 5 December 2006, by section 13(3) Gas Amendment Act 2006 (2006 No 71).

  Subsection (2)(a) was amended, as from 27 September 2001, by section 4 Gas Amendment Act 2001 (2001 No 67) by adding the words “or any official standard”.

  Subsection (2)(b) was amended, as from 27 September 2001, by section 4 Gas Amendment Act 2001 (2001 No 67) by inserting, after subparagraph (i), subparagraph (ia).

  Subsections (2A) and (2B) were inserted, after subsection (2), as from 27 September 2001, by section 4 Gas Amendment Act 2001 (2001 No 67) by inserting, after subparagraph (i), subparagraph (ia)

  Subsection (6) was inserted, as from 2 July 2001, by section 149 Hazardous Substances and New Organisms Act 1996 (1996 No 30). See Parts 11 to 16 of that Act (comprising sections 151 to 259) as to the transitional provisions. See clause 2 Hazardous Substances and New Organisms Act Commencement Order (No 2) 2001 (SR 2001/172).

54A Regulations that prescribe requirements for safety management systems

• (1) Regulations made under section 54(1)(bb) must provide for requirements relating to—

  • (a) the systematic identification of—

    • (i) existing hazards; and

    • (ii) new hazards (if possible before, and otherwise as, they arise); and

  • (b) the taking of all practicable steps to eliminate, isolate, or minimise those hazards; and

  • (c) the regular assessment of each hazard identified; and

  • (d) the documentation of the safety management system; and

  • (e) the audit of the safety management system.

  (2) Regulations made under section 54(1)(bb) for the purposes of subsection (1)(b) may include, for example, requirements relating to—

  • (a) the design, construction, operation, maintenance, and inspection of the gas supply system; and

  • (b) security and the control of access to the gas supply system; and

  • (c) the skills, knowledge, and experience of persons who do, or assist in doing, work on or in connection with the gas supply system; and

  • (d) the implementation and management of contingency plans for emergency situations that may affect, or be affected by, the gas supply system; and

  • (e) processes for the ongoing improvement of safety in connection with the gas supply system; and

  • (f) the investigation of accidents that involve or affect the gas supply system.

  (3) Regulations made under section 54(1)(bb) for the purposes of subsection (1)(e) may include, for example, requirements relating to—

  • (a) who may conduct audits; and

  • (b) how often audits must be conducted; and

  • (c) the outcomes and objectives of audits.

  (4) Subsections (2) and (3) do not limit subsection (1).

  (5) In this section, hazard—

  • (a) means an activity, arrangement, circumstance, event, occurrence, phenomenon, process, situation, or substance (whether arising or caused within or outside the gas supply system) that presents or may present a significant risk of—

    • (i) serious harm to any member of the public; or

    • (ii) significant damage to property owned by a person other than the person that owns or operates the gas supply system; and

  • (b) includes—

    • (i) a situation where a person's behaviour may present a significant risk of the matters referred to in paragraph (a)(i) or (ii); and

    • (ii) without limitation, a situation described in subparagraph (i) resulting from physical or mental fatigue, drugs, alcohol, traumatic shock, or another temporary condition that affects a person's behaviour.

  Sections 54A and 54B were inserted, as from 5 December 2006, by section 14 Gas Amendment Act 2006 (2006 No 71).