A rail participant must ensure, so far as is reasonably practicable, that none of the rail activities for which it is responsible causes, or is likely to cause, the death of, or serious injury to, individuals.

No rail personnel of a rail participant may do or omit to do anything in respect of a rail vehicle, railway infrastructure, or railway premises if he or she knows or ought reasonably to know that act or omission will cause, or will be likely to cause, the death of, or serious injury to, individuals.

Nothing in this Act limits the Health and Safety at Work Act 2015.

Despite subsection (1), the Agency or the Director and the health and safety regulator must enter into a memorandum of understanding with respect to investigations conducted and prosecutions taken under this Act or the Health and Safety at Work Act 2015.

Every person on or near a rail vehicle, railway infrastructure, or railway premises commits an offence who fails to ensure, so far as is reasonably practicable, that no individual dies or is seriously injured, and that no property is significantly damaged, as a result of any act or omission of that person.

Every person commits an offence who, not having lawful authority to do so, knowingly—

Every person commits an offence who, not having lawful authority to do so, knowingly causes or caused any of the acts mentioned in subsection (2).

This section does not apply to—

A rail operator must not operate a rail vehicle or permit a rail vehicle to be operated on a railway line unless—

An access provider must not permit a rail vehicle to be operated on a railway line controlled by it unless—

A licence holder must—

A rail operator, its rail personnel, and any person authorised to access a railway line must comply with instructions given by the network controller with respect to the entry onto, occupancy of, or movement of rail vehicles on, a railway line.

Despite subsection (1), a person may refuse to comply with an instruction if that person believes on reasonable grounds that complying with the instruction would imminently cause an accident or incident.

If a person refuses to comply with an instruction given by a network controller, that person must immediately notify that network controller of the refusal.

If a driver of a rail vehicle believes that an accident arising directly or indirectly from the operation of the rail vehicle has occurred, the driver of the rail vehicle must—

Rail personnel must, as soon as practicable, report any accident or incident to—

The rail operator or access provider concerned must ensure, as soon as practicable, that the Agency, or any other person that the Agency has designated for this purpose,—

As soon as practicable after the Agency is notified of any accident or incident, the Agency must,—

A rail participant must comply with the provisions of sections 129 to 132 of the Land Transport Act 1998 that apply to that rail participant.

The following rail participants must hold a licence:

If a person is a member of more than 1 class of rail participant to which subsection (1) applies, a single licence covering each of the classes of rail participant concerned may be issued to the person, and that licence may have different conditions for the different classes covered by it.

Despite subsection (1), the Director may, on the conditions that the Director considers appropriate, exempt a person from holding a licence if all of the rail activities of that person are covered under—

Every application for a licence must—

If a person is a member of more than 1 class of rail participant to which section 15(1) applies, a single application covering each of the classes of rail participant concerned may be made under subsection (1).

After considering an application for a licence, the Director may grant the licence only if the Director has determined that—

The Director may grant an interim licence to an applicant if that applicant—

Section 27 applies to a decision not to grant a licence.

A licence may not be transferred or assigned to any person without the prior written consent of the Director, and any purported transfer or assignment is void.

A licence takes effect on the day it is granted and continues in force until it is—

A holder of a licence may surrender the licence at any time by written notice to the Director.

The Agency must continue and maintain a register of licences.

The register must show for each licence the following information:

A person who applies to the Agency and pays the prescribed fee (if any) is entitled to the information specified in subsection (2) that relates to the licence holder named in the application.

A licence may be granted on any conditions that—

Without limiting subsection (1), every licence has the following conditions:

Without limiting subsection (1), every licence held by a rail operator has the following conditions:

Without limiting subsection (1), every licence held by an access provider has the following conditions:

Without limiting subsection (1), every licence has the condition that the licence holder must provide the Director with—

A licence may prohibit or restrict the licence holder from appointing agents or contractors to carry out any rail activities of the licence holder without the consent of the Director (which consent may not be unreasonably withheld).

Every licence has the condition that,—

The Director may, by written notice given to the licence holder, suspend a licence issued under this Act or impose temporary conditions in respect of that licence if the Director—

A notice given under subsection (1) must inform the licence holder of—

The duration of a temporary condition or a suspension may not exceed 10 working days unless, before the expiry of that 10-working-day period, the Director extends the temporary conditions or the suspension for a further specified period.

If notice of a proposed revocation or the imposition of permanent conditions is given while a suspension is, or temporary conditions are, in force, the suspension remains, or the temporary conditions remain, in force until a final decision on revocation or permanent conditions has been made.

Either a licence or a part of a licence may be suspended under this section.

Section 27 applies in respect of a decision under subsection (1).

The Director may, at any time, revoke, or impose permanent conditions in respect of, a licence if the Director,—

Either a licence or a part of a licence may be revoked, or encumbered with permanent conditions, under this section.

Section 27 applies in respect of a decision under subsection (1).

This section applies if the Director is to determine whether a licence should be—

If this section applies, the Director, as the Director considers appropriate, may take into account and give weight to the following matters:

The Director is not confined to consideration of the matters specified in subsection (2), and may take into account other matters and evidence from any source that the Director considers relevant.

The Director may, by agreement with a licence holder, amend that licence holder’s licence.

The Director may, without the agreement of a licence holder, do any of the following:

Section 27 applies in respect of a decision under subsection (2)(a) or (b).

If the Director proposes to make an adverse decision under this Act in respect of a person, the Director must give written notice to the person directly affected of—

If the Director gives a notice under subsection (1), the Director—

No notice, or copy of a notice, given under this section may include, or be accompanied by, information that is, or may be, prejudicial to a person except to the extent that—

If a notice, or copy of a notice, is given to a person under this section,—

After considering the matters referred to in subsection (4)(c), the Director must—

In this section, unless the context otherwise requires,—

If the Director believes, on reasonable grounds, that the operation or use of a rail vehicle or class of rail vehicle or any railway infrastructure may endanger persons or property and that prompt action is necessary to prevent the risk, the Director may do either of the following:

If a power is exercised under subsection (1), the Director must, by written notice to each rail operator and access provider concerned, inform the rail operator or access provider (as the case requires) of—

If a rail vehicle or class of rail vehicle or any railway infrastructure is detained or immobilised under subsection (1), the following provisions apply:

An application by a rail participant for a licence must be accompanied by a proposed safety case that contains the matters specified in section 30.

A licence may not be granted to a rail participant unless—

A safety case must contain a statement or description, as appropriate, of the following:

A safety case may adopt, by reference and with any necessary modifications, 1 or more parts of another approved safety case.

If a provision of an approved safety case is inconsistent with a rule,—

In considering a proposed safety case, the Director must have regard and give weight to, as the Director considers appropriate, the following matters:

The Director must not approve a proposed safety case unless satisfied that—

The Director must consider each proposed safety case and, after consulting with WorkSafe, either—

The Director must make reasonable efforts to make a decision under subsection (1) not later than 60 working days after receipt of the proposed safety case.

The Director must give written notice to the applicant of the Director’s decision under subsection (1).

If the Director refuses to approve a proposed safety case, the notice under subsection (3) must state the reasons for the refusal and indicate the changes that need to be made to the proposed safety case for approval to be given.

An approved safety case may not be replaced or varied unless the Director has approved the replacement or variation.

An approved safety case must be made available for public inspection in a manner that the Director considers appropriate.

Despite anything in this section, a rail participant may submit its safety system instead of its safety case to the Director if it considers that its safety system meets the requirements set out in section 30.

A licence holder may, at any time, apply to the Director for approval of any replacement or variation of the licence holder’s approved safety case.

An application under subsection (1) must be made in writing and must include the reasons why the licence holder is requesting the replacement or variation.

The proposed variation must be considered by the Director as if the licence holder were proposing a new safety case, and section 31 applies as if it were a fresh application for approval.

The Director may, at any time, require the replacement or variation of an approved safety case if the Director—

If a replacement or variation is required under subsection (1), the Director must, by written notice, inform the licence holder—

Nothing in this section affects a power of the Director under this Act, or any other Act, to take any other action in respect of a rail document or person.

If an application for a replacement or variation is made under section 33, or the Director requires a replacement or variation under section 34, the Director must, as soon as practicable but not later than 20 working days after receipt of the application, consider any submission made on the matter by the licence holder.

After considering the submission (if any), the Director must, as soon as practicable but not later than 20 working days after considering any submission made by the licence holder,—

The Director may approve an application, or confirm a requirement, in whole or in part and subject to any conditions that the Director considers appropriate.

If the Director has refused to approve an application, or has confirmed a requirement, the Director must, in the written notice given under subsection (2)(b), inform the licence holder of—

A replacement or variation applied for under section 33 or required under section 34 does not have effect unless its approval or confirmation is notified under subsection (2).

The Director may, by written notice, require a rail participant to prepare a safety improvement plan in respect of the rail activities specified in the notice if the Director has reason to believe that the rail participant has failed to take appropriate remedial action under sections 42 to 44.

As soon as practicable but not later than 20 working days after receiving a plan under subsection (1), the Director must advise the rail participant by written notice—

A rail participant who is advised under subsection (2)(b) of changes to be made to a plan must make those changes as soon as practicable but not later than 20 working days after being advised and must submit the amended plan to the Director for the Director’s approval, and subsection (2) applies in respect of the amended plan with all necessary modifications.

If a plan has been approved by the Director, the rail participant must—

The Director may, at any time or times, by written notice given to the person or persons concerned, require a rail participant or any rail personnel of a rail participant to undergo either—

Before giving notice of the requirement for a special safety assessment, the Director must determine on reasonable grounds that the rail participant’s rail activities could cause the death of, or serious injury to, individuals, or significant damage to property, by having regard to—

A safety assessment must be carried out by a safety assessor who is independent of the rail participant being assessed.

A safety assessor must, before completing a safety assessment, consult the rail participant and any representatives of rail personnel (including, but not limited to, unions) of that rail participant on the safety matters being assessed.

Before making a report in relation to a safety assessment carried out under this Part, a safety assessor must give the rail participant and any representatives of rail personnel consulted under subsection (1) an opportunity to comment on the safety assessor’s proposed report.

A safety assessor must, after making a safety assessment under section 37, submit a written report that covers the matters set out in section 40 to—

In a safety assessment report, the safety assessor must consider and comment on—

A safety assessor may, if he or she considers it necessary, make recommendations or suggestions to improve the safety of the rail activities of the rail participant.

The Agency is responsible for paying the costs of safety assessments.

The Agency may recover from a rail participant, as a debt due to the Agency, the costs of a safety assessment relating to the rail participant.

The costs of a safety assessment may be specified by regulations.

As soon as practicable, but not later than 20 working days after receipt of a safety assessment report, the Director must give written notice to the rail participant that the Director considers that—

If remedial action is necessary, the Director must give written notice to the rail participant of—

If a notice under subsection (2) refers to any non-compliance of the kind referred to in section 40(1)(b), the Director may specify, in that notice, interim requirements that the rail participant must comply with until the non-compliance ceases.

If a variation to the rail participant’s approved safety case is required by the Director, the Director must proceed under section 34.

Section 27 applies in respect of a decision under subsection (1).

Nothing in this section prevents the Director from taking further action that the Director considers appropriate in the interests of preventing the death of, or serious injury to, individuals, or significant damage to property, including, without limitation, the suspension or revocation of a licence.

At the expiry of a time limit imposed under section 42, or sooner if requested by the Director, the safety assessor must provide the Director with a report on whether the remedial action required has been satisfactorily completed.

If the required remedial action has not been completed to the Director’s satisfaction, those rail activities of the rail participant that are specified by the Director for the purposes of this subsection may not lawfully continue unless the Director gives a further extension of time under section 44.

The Director must make a decision under subsection (2) within 20 working days after receiving a report under subsection (1).

If the Director is satisfied that reasonable progress is being made towards completing the remedial action required under section 42, and that adequate interim action has been taken to prevent the death of, or serious injury to, individuals, or significant damage to property, the Director may, by written notice, grant an extension of time to enable that remedial action to be completed.

An extension of time under this section may be granted subject to any conditions or restrictions that the Director considers reasonably necessary to prevent—

The Director may appoint 1 or more persons as safety assessors.

An appointment as a safety assessor may be—

An appointment as a safety assessor may state particular matters that the appointed person is to consider or assess.

Before appointing a person as a safety assessor, the Director must be satisfied that the person has the training, knowledge, expertise, and experience to carry out any safety assessment to which that person’s appointment relates.

Unless the Director otherwise directs, the functions and duties of safety assessors are to—

For the purposes of carrying out a safety assessment, a safety assessor may, in writing,—

For the purposes of carrying out a safety assessment, a safety assessor may take copies of—

If, at any time, a safety assessor believes that a situation exists, or is about to exist, within the activities of a rail participant that constitutes a risk of the death of, or serious injury to, individuals, or of significant damage to property, the safety assessor must, as soon as is reasonably practicable, advise the Director of that belief and the reasons for that belief.

Nothing in this section limits or affects the privilege against self-incrimination.

For the purpose of carrying out a safety assessment, a safety assessor has the right of access at any reasonable time to the following:

Without limiting the power conferred by subsection (1), a safety assessor may, at any reasonable time, enter and inspect any vehicle, building, or place belonging to, or used by, a rail participant to determine whether a matter referred to in paragraphs (a) to (c) exists, if that safety assessor has reasonable grounds to believe that—

Nothing in subsection (1) or subsection (2) confers on a safety assessor the power to enter a dwellinghouse or marae or building associated with a marae, unless the entry is authorised by a warrant given by a judicial officer on written application on oath, which must not be granted unless the judicial officer believes, on reasonable grounds, that the entry is essential in the interests of the safety of the rail activities of a rail participant.

A warrant issued under subsection (3)—

A safety assessor exercising the right of access under subsection (1) or the power of entry under subsection (2) must carry a warrant of authority issued by the Director specifying—

A safety assessor exercising the right of access under subsection (1) or the power of entry under subsection (2) must—

Any rail personnel that has the relevant qualifications, knowledge, and experience must answer the questions asked by safety assessors.

Nothing in this section limits or affects the privilege against self-incrimination.

In addition to the matters specified in section 152(a) to (g) of the Land Transport Act 1998, the Minister may make ordinary rules for the purposes of, or concerning,—

Without limiting the power to make ordinary rules under section 49, ordinary rules may—

The rules made under the Land Transport Act 1998 in relation to the packing, loading, consignment, and carriage of dangerous goods apply to dangerous goods carried by a rail vehicle.

Without limiting the power to make ordinary rules under section 49, ordinary rules may—

Without limiting the power to make ordinary rules under section 49, ordinary rules may—

The rules may provide for the setting of standards, specifications, restrictions, registration, and authorisation requirements in respect of all or any of the persons specified in subsection (1), including, without limitation, provisions that—

The rules may—

Subject to the rules, a rail document may be issued, or a document may be recognised as a rail document, by the Director for a period, and subject to the conditions, that the Director considers appropriate in each particular case.

An ordinary rule may apply generally or to different classes of persons or things, or to the same class of person or things in different circumstances.

An ordinary rule may apply generally throughout New Zealand or within a specified part or parts of New Zealand.

The commencement of an ordinary rule may be wholly suspended until it is applied by the Minister by notice in the Gazette.

An ordinary rule may—

An ordinary rule is a disallowable instrument, but not a legislative instrument, for the purposes of the Legislation Act 2012 and must be presented to the House of Representatives under section 41 of that Act.

If a bylaw of a local authority is inconsistent with any ordinary rules in force in the same locality, the rules override the bylaws.

Despite clause 5 of Schedule 6 of the Public Service Act 2020, the Minister may not delegate his or her power to make ordinary rules under this Act.

The procedure for making ordinary rules in section 161 of the Land Transport Act 1998 applies with any necessary modifications to all ordinary rules made by the Minister under sections 49 to 53.

The Agency may, in accordance with section 163 of the Land Transport Act 1998 (which applies with any necessary modifications), make any emergency rules that the Agency considers necessary to alleviate or minimise the risk of the death of, or serious injury to, individuals, or significant damage to property, caused by the operation of a railway or the use of railway premises.

The Agency may not make emergency rules unless it is impractical in the circumstances of the particular case for the Minister to make ordinary rules to effectively alleviate or minimise the risk concerned.

The Minister may revoke any emergency rule made under subsection (1), and the revocation must be notified as if it were an emergency rule.

An emergency rule is a disallowable instrument, but not a legislative instrument, for the purposes of the Legislation Act 2012 and must be presented to the House of Representatives under section 41 of that Act.

The provisions of sections 164 and 165 of the Land Transport Act 1998 apply with any necessary modifications to all ordinary rules and all emergency rules made under this Act.

The Director may, if the Director thinks it appropriate,—

The power under subsection (1) must not be used to provide an exemption from a requirement of a rule if the relevant rule specifically provides that no exemptions from the requirement may be granted.

This section does not limit or affect any other power of exemption conferred on any person under this Act or any other land transport Act.

Sections 168D(3) and (5) and 168E, and subpart 2 of Part 3 of Schedule 1, of the Land Transport Act 1998 apply with any necessary modifications to exemptions granted under subsection (1), but, to avoid doubt, the definition of class exemption in section 2(1) of the Land Transport Act 1998 must be read as referring to a class exemption granted under subsection (1)(b) of this section.

An exemption granted under subsection (1)(b) is secondary legislation (see Part 3 of the Legislation Act 2019 for publication requirements).

Without limiting any other method of proof, the production in proceedings of a copy of the following rules is, in the absence of evidence to the contrary, sufficient evidence of the rules and of the fact that they have been made in accordance with this Act:

The Governor-General may, by Order in Council, make regulations for all or any of the following purposes:

Regulations made under this section may incorporate material by reference and, for that purpose, section 165 of the Land Transport Act 1998 applies as if regulations were rules.

Without limiting section 59, regulations may be made under that section prescribing, or providing for the fixing of, fees and charges payable for the purposes of meeting, or assisting in meeting, the costs and expenses incurred by the Agency, the Director, or the Crown in the performance or exercise of functions or powers, or in the performance of duties, or in the provision of services, under this Act or any other enactment relating to rail transport, including, without limitation, costs and expenses relating to any of the following:

Different rates of fees or charges, or both, may be prescribed or fixed in respect of different classes of persons, rail vehicles, railway infrastructure, or railway premises, or on the basis of different times of use, or on any other differential basis.

Regulations made under section 59(f) may authorise persons carrying out statutory functions, powers, or duties concerning rail transport to charge a reasonable fee or rate of fee for the service or work performed.

Any regulation made under section 59(f) may—

Regulations under this section may fix or provide for the fixing of the costs referred to in section 41, but nothing in this section requires those charges to be fixed by or under regulations made under this section, and, in the absence of those regulations, those costs are payable under that section without further authority.

The Director may, if the Director thinks it appropriate,—

This section may be used to allow an exemption from the requirement of a regulation only if the regulations specify under section 59(ha) that this section applies to that requirement.

This section does not limit or affect any other power of exemption conferred on any person under this Act or any other land transport Act.

Sections 168D(3) and (5) and 168E, and subpart 2 of Part 3 of Schedule 1, of the Land Transport Act 1998 apply with any necessary modifications to exemptions granted under subsection (1), but, to avoid doubt, the definition of class exemption in section 2(1) of the Land Transport Act 1998 must be read as referring to a class exemption granted under subsection (1)(b) of this section.

An exemption granted under subsection (1)(b) is secondary legislation (see Part 3 of the Legislation Act 2019 for publication requirements).

A person who contravenes or fails to comply with section 7 or section 11 or section 12 commits an offence and is liable on conviction to,—

A person who contravenes or fails to comply with section 9 commits an offence and is liable on conviction to—

A person who carries out any rail activities for which a licence is required by section 15 and who does not hold a licence to carry on those rail activities commits an offence and is liable on conviction to,—

A person who contravenes or fails to comply with section 10 commits an offence and is liable on conviction to,—

A rail operator, access provider, or railway premises owner who contravenes or fails to comply with section 13 commits an offence and is liable on conviction to,—

Any rail personnel who contravenes or fails to comply with section 13(1) commits an offence and is liable on conviction to a fine not exceeding $5,000.

A person who obstructs a safety assessor or fails to comply with a lawful requirement of a safety assessor commits an offence and is liable on conviction to,—

If an offence is committed against this Act by a person as the employee, agent, or contractor of another person, that offence must be treated as having been committed by both persons, whether or not it was done with the other person’s knowledge or approval, if it is proved that—

If a body corporate is convicted of an offence against this Act, every director of the body corporate also commits the offence and is liable to the same penalty if it is proved that—

A District Court Judge may, on the application of the Director or any other person, make an order prohibiting or restricting a person from acting as a rail participant, director of a rail participant, or rail personnel if that person—

An order under this section—

In proceedings under this section, the District Court may make an order for the payment by a party to the proceedings of the whole or part of the full costs incurred by any other party to the proceedings (including, without limitation, reasonable costs incurred between solicitor and client, fees, and other expenses), and the costs awarded are recoverable as a debt by the party against whom they have been awarded to the party in whose favour they have been awarded.

A person who is dissatisfied with a decision relating to that person made by the Agency or the Director may appeal to the District Court against that decision.

For the purposes of subsection (1), the exercise of a power conferred on the Agency or the Director by a provision of this Act, or a regulation or rule made under this Act, is a decision.

This section does not apply to any decision made in relation to a class exemption under section 60A, including a decision to grant (or not to grant), to amend, or to revoke a class exemption.

An appeal under section 68 must be brought, by way of an originating application, no later than 28 days after the date on which the appellant was notified under this Act of the decision appealed against, or within any further period that the District Court may allow.

When considering an appeal under section 68,—

Subject to sections 71 and 72, the decision of the District Court on an appeal under section 68 is final.

A decision of the Agency or the Director appealed against under section 68 or section 71 or section 72 continues in force pending the determination of the appeal, and no person is excused from complying with a provision of this Act on the grounds that an appeal is pending.

A party to an appeal under section 68 who is dissatisfied with the decision of the District Court on the grounds that it is erroneous in law may appeal to the High Court on that question of law.

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

A party to an appeal under section 71 who is dissatisfied with the decision of the High Court in respect of the appeal as being erroneous in law may, with the leave of the High Court or (if that leave is declined) with special leave of the Court of Appeal, appeal to the Court of Appeal on that question of law.

The Court of Appeal may make any order or determination that it thinks fit in relation to the appeal.

The decision of the Court of Appeal on an appeal or any application for leave to appeal is final.

Except as provided in this section, the procedures in respect of an appeal under this section must be in accordance with the applicable provisions of the High Court Rules 2016 and the Court of Appeal Rules, as the case may be.

A person must not, without the express authority of the appropriate licensed access provider (in the case of railway infrastructure) or railway premises owner (in the case of railway premises),—

A person must not enter any railway infrastructure or railway premises,—

The owner of stock, or a person in charge of stock, must prevent the stock from trespassing on a railway or on any part of a railway.

If stock is found trespassing on a railway,—

The provisions of this section are in addition to, and not in substitution for, the provisions of the Trespass Act 1980.

If a drain on, above, or under any railway infrastructure or railway premises forms part of, or is used in connection with, a sewerage or stormwater drainage system that is under the control of a road controlling authority or a local authority,—

Nothing in this section confers on a road controlling authority or local authority the right to enter any railway infrastructure or railway premises for the purposes of maintaining a drain without the prior consent of the licensed access provider or railway premises owner, which may be granted on the terms and conditions that the licensed access provider or railway premises owner thinks fit.

For the purposes of subsection (2), a licensed access provider or railway premises owner may not withhold consent in an emergency if doing so would be unreasonable.

Despite anything in any other Act, no person may exercise a right under an easement, or construct or carry out work on, over, or under any railway infrastructure or railway premises, without having first sought and obtained the written permission of the licensed access provider or railway premises owner concerned.

The New Zealand Railways Corporation, and any other licensed access provider that the Minister, by notice in the Gazette, declares to be subject to this subsection, must publish, on a publicly available Internet site, the criteria that the Corporation or other body will apply when considering whether to grant permission under subsection (1), and must apply those criteria when considering whether to grant permission.

If a local authority or owner of any pipe, line, or other work associated with wastewater or the supply of water, electricity, gas, or telecommunications requests, in writing, permission for access to any railway infrastructure or railway premises for the purpose of carrying out work on any such pipe, line, or other works, the licensed access provider or railway premises owner must respond to the request, in writing, within 30 working days of receiving the request.

The licensed access provider or railway premises owner may require the person to execute a deed or agreement setting out the conditions subject to which the permission is granted.

Permission given under subsection (1) is not negated by a change in the licensed access provider or railway premises owner.

If a condition in a deed or agreement executed under subsection (2) constitutes a charge, that charge must be reasonable.

Before granting a permission, the licensed access provider or railway premises owner must consult with any other rail participants who may be affected by the easement or work.

A licensed access provider or railway premises owner—

The rental (if any) from an easement granted to a public body on, over, or under a railway at a level crossing may be no more than nominal.

This section applies if—

If this section applies, a licensed access provider, or a person authorised by a licensed access provider for this purpose, may give written notice (in accordance with section 78) to the occupier or, if there is no occupier, the owner of the place where the fire, light, or structure is located, or from which the signal or radiation emanates, or to the person in charge of the fire, light, structure, signal, or radiation, directing that owner or person to, within 10 working days,—

Despite subsection (2), notice is not required to be given in the case of an emergency.

For the purposes of this section, emergency means—

Subject to the provisions of the Resource Management Act 1991, for the purposes of protecting a railway, or preventing or lessening the risk of damage to any railway infrastructure or railway premises, a licensed access provider or railway premises owner may—

If a person enters a place on behalf of a licensed access provider or railway premises owner under subsection (1), the person must, as soon as practicable after entering the place,—

A licensed access provider or railway premises owner may give written notice (in accordance with section 78) to the occupier or, if there is no occupier, to the owner of land abutting any railway infrastructure or railway premises that requires that person to do any of the following acts:

A notice given under section 76(2) or section 77(3)—

Within 10 working days after a notice is given to a person under section 76(2) or section 77(3), the person may apply to the District Court for an order setting the notice aside.

On the hearing of the application, the District Court, whose decision is final, must determine whether the notice should be set aside.

If the District Court sets a notice aside, the notice is void.

If a notice given under section 76(2) is not set aside and the person concerned neglects, for a period of 10 working days, to extinguish, remove, or screen effectively the fire, light, structure, signal, or radiation specified in the notice, the licensed access provider may, after giving reasonable notice to that person,—

If a notice given under section 77(3) is not set aside, and the person concerned neglects, for a period of 20 working days after the notice is given or, if an application has been made under subsection (2), within 20 working days after the District Court makes its decision, to comply with the notice, the licensed access provider or railway premises owner or person entering on their behalf may, if reasonable notice is given to that person,—

A person entering on land on behalf of a licensed access provider or railway premises owner under this section must carry authorisation and produce it on initial entry and, if requested, at any subsequent time.

An owner of land is entitled to full compensation from a licensed access provider or railway premises owner who exercises a power under section 76 or section 77 (whether the exercise of the power is proper or improper, or normal or excessive) if—

All claims for compensation under subsection (1) must, 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 apply accordingly.

Except as provided in subsection (2),—

If a rail operator (or a person responsible for the driving or control of a rail vehicle) has reason to believe, or by the exercise of reasonable care would have reason to believe, that a collision is likely to occur between a rail vehicle and a person, animal, or vehicle not using the railway line, the rail operator (or person responsible) must take all reasonable steps to prevent the collision.

For the purposes of this section,—

The licensed access provider for a railway line may cause to be erected at each level crossing of the railway line the notices and warning devices that the licensed access provider considers necessary for the protection of persons using the level crossing.

When considering what is necessary for the protection of persons using the level crossing, the licensed access provider must consult with any other persons directly involved with the operation or management of the level crossing, including (but not limited to) a road controlling authority or adjacent landowner, with the objective of agreeing on the notices and warning devices to be erected.

Any agreement reached under subsection (2) must be recorded in writing and specify—

For the purposes of subsection (1), a warning device must be located within 5 m of the centre of the railway line unless the access provider and other persons directly involved with the operation or management of the level crossing agree otherwise.

Despite any rule of law to the contrary, no access provider may be deemed negligent if that access provider fails to provide a warning device or notice at a level crossing for the purposes of—

No rail operator is liable in respect of any accident that may occur by reason of any failure of a warning device.

Nothing in subsection (1) limits the general safety duties set out in section 7.

Despite anything in the Local Government Act 1974, the Public Works Act 1981, this Act, or any other Act relating to the erection of gates across roads, the following provisions apply with respect to a railway line:

Despite section 4(1), for the purposes of subsection (1)(c), level crossing includes private roads.

At a level crossing, the licensed access provider for the railway line concerned must form, surface, and maintain the carriageway at the level crossing on the railway line, and the road controlling authority for the road concerned must form, surface, and maintain the approaches to the level crossing.

If a road crosses over a railway by means of a bridge, the road controlling authority for the road must maintain the bridge.

If a railway line crosses over a road by means of a bridge, the licensed access provider for the railway line must maintain the bridge.

If a road and railway line both use the same bridge, the relevant road controlling authority and the relevant licensed access provider must jointly maintain the bridge.

The duties imposed by this section are subject to any agreement between the road controlling authority and the licensed access provider.

If a part of a road is used or occupied for a railway line (other than at a level crossing), that part of the road ceases to be a highway.

If a railway line is constructed on or across a road at a level crossing, it is lawful for the licensed access provider for the railway line to allow, and for a licensed rail operator to carry on and conduct, the working and management of the railway concerned in every respect on or across that road, but not in a manner that unreasonably impedes the flow of road traffic across the railway line.

If a licensed access provider proposes to install or relocate a signal or sign used for rail traffic control that may confuse road users, the licensed access provider must consult the relevant road controlling authority before installing or relocating the signal or sign.

Nothing in subsection (1) or subsection (2) applies to a railway line operated solely for the use of light rail vehicles.

Except to the extent that a deed or agreement provides otherwise, no person has an interest in a railway line by reason only of having an interest in the land on which the railway line is installed.

In the case of existing railway infrastructure that was constructed under the authority of an Act before 1 April 1993, a licensed access provider for that railway infrastructure—

A person who exercises, or purports to exercise, the right of entry must carry and be able to produce, if required to do so, evidence of—

In this section, ordinary hours of businessmeans the hours of 8 am to 6 pm from Monday to Friday.

A licensed access provider may maintain railway infrastructure in, on, along, over, across, or under a road, and, for this purpose, may—

A licensed access provider must exercise the power to maintain railway infrastructure in accordance with any reasonable conditions that may be prescribed by—

When prescribing any reasonable conditions under subsection (2), the local authority or other body or person that has jurisdiction over the road, or the owner of the pipe, telecommunications line, or electric line must have regard to the following matters:

Except as provided in subsection (5), before a licensed access provider undertakes any work under the powers contained in section 87(1), the licensed access provider must give written notice of its intention to undertake the work to—

A notice under subsection (1) must specify—

Within 10 working days after the receipt of a notice given under subsection (1), the person who is given the notice must give written notice to the licensed access provider of any conditions imposed under section 87(2).

If a person who is given a notice under subsection (1) fails to give written notice to the licensed access provider of any conditions imposed under section 87(2) within the period referred to in subsection (3),—