Source document: https://docs-lawep.s3.us-east-2.amazonaws.com/1698943755070.pdf (New Zealand)
Reprint as at 14 October 2008 Gas Act 1992 Public Act Date of assent 1992 No 124 17 December 1992 Contents Title Short Title and commencement Purposes [Not­in­force] Part 1 Preliminary provisions Interpretation Application Act to bind the Crown 1 1A 2 3 4 Page 8 8 8 8 15 16 Note Changes authorised by section 17C of the Acts and Regulations Publication Act 1989 have been made in this eprint.
A general outline of these changes is set out in the notes at the end of this eprint, together with other explanatory material about this eprint.
This Act is administered in the Ministry of Commerce 1 Reprinted as at 14 October 2008 Gas Act 1992 Part 2 General Gas operators 5 Declaration of person as gas operator Functions and powers of Secretary Functions of Secretary Inspection of distribution systems, etc Report to be compiled Special powers of Secretary Objections to Secretary’s requirements Effect of notice or requirement pending hearing Procedure on hearing of objection Appeal on question of law Secretary may require immediate compliance Appeal against decision on application for injunction Assessors Notiﬁcation of accidents Transfer of accident information Interference with scene of accident Inquiries into accidents Assistance to Secretary Obstructing Secretary Privilege against self­incrimination Part 3 Powers and duties of gas operators and other owners of gas ﬁttings Protection of existing ﬁttings Rights of entry in respect of existing ﬁttings Construction or maintenance of ﬁttings on roads Notice to be given before work undertaken Offence Appeals in relation to conditions imposed Determination of appeals Appeal on question of law Charging for access to road reserve Rights of entry in respect of level crossings Local authority, etc, may require ﬁttings to be moved Cost of work required under section 33 Government Roading Powers Act 1989 not to apply 17A Reprinted as at 14 October 2008 Gas Act 1992 36 37 38 39 40 41 42 43 Owners and occupiers of private land and buildings may move ﬁttings Part 4 Gas codes of practice Issue of gas code of practice Code may incorporate ofﬁcial standards by reference Code to be approved by Minister Availability of codes Emergency amendment of code Citation of code Proof of code Part 4A Governance of Gas Industry Subpart 1—General and regulation­making powers Preliminary provisions 43A 43B 43C 43D Purpose Outline of Part Outline of
 regulation­making powers Interpretation Complaints resolution system 43E Complaints resolution system Gas industry regulation­making powers 43F 43G 43H Gas governance regulations for wholesale market, processing facilities, transmission, and distribution of gas Other gas governance regulations Low ﬁxed charge tariff option for domestic consumers Process for making recommendations for gas governance regulations 43I Which gas governance regulations can be made if there is no industry body or Commission 43J Which gas governance regulations can be made if there is industry body but no Commission 43K Which gas governance regulations can be made if there 43L is Commission Consultation before making recommendation for gas governance regulations 43M Other process for making recommendations for gas governance regulations 37 37 38 39 40 40 41 42 43 43 43 44 46 47 48 50 52 53 53 54 55 3 Gas Act 1992 Reprinted as at 14 October 2008 43N 43O 43P Assessment of proposed gas governance regulations Process after making recommendation for gas governance regulation Urgent regulations Gas governance rules Gas governance rules 43Q 43R Method of making gas governance rules Supplementary provisions 43S 43T Supplementary empowering provision for regulations and rules Supplementary empowering provision for regulations Provisions that apply if gas governance regulations or rules are in force Party must co­operate with investigations Privileges protected 43U 43V 43W Limits on investigation powers 43X 43Y 43Z Rulings Panel may make certain orders Restriction of remedies Limit on tort claims against service providers Appeals 43ZA Appeals on ground of lack of jurisdiction 43ZB Judicial review not precluded 43ZC Appeals on question of law in relation to decisions by industry body, Commission, or Rulings Panel 43ZD Right of appeal against suspension or termination orders 43ZE Persons entitled to appeal 43ZF Determination of appeals 43ZG High Court may refer appeals back to industry body,
 Commission, or Rulings Panel for reconsideration 43ZH Provisions pending determination of appeal 43ZI High Court may order proceedings be heard in private 43ZJ Appeal to Court of Appeal in certain cases Subpart 2—Co­regulation of gas industry 43ZK Purpose of subpart Approval of industry body 43ZL Approval of industry body 43ZM Revocation of approval of industry body 4 55 56 56 57 58 59 60 60 61 62 63 64 64 65 65 65 65 66 66 66 67 67 68 68 69 70 Reprinted as at 14 October 2008 Gas Act 1992 Objectives of industry body in relation to recommendations for gas governance regulations 43ZN Objectives of industry body in recommending regulations for wholesale market, processing facilities, transmission, and distribution of gas GPS objectives and outcomes 43ZO Setting of GPS objectives and outcomes 43ZP What Minister can do with industry body recommendations about wholesale market, processing facilities, transmission, and distribution of gas Industry body strategic plan 43ZQ Industry body strategic plan 43ZR Extra information required in strategic plan for ﬁrst ﬁnancial year 43ZS Application and term of strategic plan 43ZT Process for providing strategic plan to Minister 43ZU Amendments by industry body 43ZV Strategic plan must be publicised Industry body annual report 43ZW Annual report 43ZX Disclosure of payments in respect of industry body board members and employees 43ZY Annual report must be presented to House of Representatives Miscellaneous provisions 43ZZ Publication of industry body documents 43ZZA Auditors Levy to fund industry body 43ZZB Industry body recommendation for levy regulations 43ZZC Costs that may be met from levy 43ZZD Minister must accept recommendations if certain conditions met 43ZZE Levy regulations that may be made 43ZZF Expiry of subpart 70 71 71 72 73 73 74 74 75 75 76 77 77 78 78 78 79 80 80 5 Gas Act 1992 Reprinted as at 14 October 2008 Subpart 3—Governance of gas industry by Energy Commission Preliminary provisions 43ZZG Purpose [Not­in­force]
 Energy Commission 43ZZH Commission to govern gas industry established [Not­in­force] 43ZZI Continuation of Commission’s functions, objectives, etc [Not­in­force] 43ZZJ Additional principal objective of Energy Commission [Not­in­force] 43ZZK Additional speciﬁc outcomes in relation to gas [Not­in­force] 43ZZL Additional functions [Not­in­force] 43ZZM Additional duties of members [Not­in­force] Role of Energy Commission in relation to gas governance regulations and rules 43ZZN Objectives of recommendations [Not­in­force] 43ZZO Consultation and accountability sections apply [Not­in­force] 43ZZP Levy of industry participants [Not­in­force] 43ZZQ Amendments to Ombudsmen Act 1975 and Public Finance Act 1989 [Not­in­force] 81 81 81 81 81 81 82 82 82 82 82 Subpart 4—Exemptions from restrictive trade practice provisions of Commerce Act 1986 43ZZR Authorisations for purposes of Commerce Act 1986 82 Part 5 Miscellaneous provisions General Gas suppliers Standards for gas supply Safety requirements for distribution systems, etc Owners or operators of gas supply systems must have safety management system [Not­in­force] Offence to breach requirement to have safety management system [Not­in­force] Testing and inspection of gasﬁtting work Power of entry 83 84 84 84 84 84 85 44 45 46 46A 46B 47 48 6 Reprinted as at 14 October 2008 Gas Act 1992 49 50 51 52 53 Power to require information Conditions relating to power to enter land or premises Compensation for damage Penalty for obstructing ofﬁcers Notices in relation to Maori land Regulations—General 54 54A Regulations Regulations that prescribe requirements for safety management systems 54B Miscellaneous provisions relating to regulations that prescribe requirements for safety management systems Regulations—information disclosure Regulations relating to information disclosure Information to be supplied to Secretary Reasonable charge may be imposed for providing copies of statements Miscellaneous provisions Offences for actions or omissions
 likely to cause serious harm or signiﬁcant property damage [Not­in­force] Offences Time for laying information [Not­in­force] Infringement offences [Not­in­force] Infringement notices [Not­in­force] Procedural requirements for infringement notices [Not­in­force] Payment of infringement fee [Not­in­force] Effect of infringement notice [Not­in­force] Repeals, revocations, and consequential amendments Savings 55 56 56A 56B 57 57A 57B 57C 57D 57E 57F 58 59 Amendment to Gas Act 1982 60 Power to execute works on private land Schedule 1 Enactments repealed Schedule 2 Enactments amended 86 87 88 88 88 89 95 97 97 100 101 101 101 102 102 102 102 102 102 102 103 103 103 104 7 Gas Act 1992 Reprinted as at 14 October 2008 Schedule 3 Regulations revoked 107 An Act to make better provision for the regulation, supply, and use of gas and the gas industry in New Zealand, and to repeal the Gas Act 1982 The Long Title was amended, as from 18 October 2004, by section 4 Gas Amendment Act 2004 (2004 No 83) by inserting the words “and the gas industry” after the words “of gas”.
BE IT ENACTED by the Parliament of New Zealand as follows: 1 (1) (2) (3) Short Title and commencement This Act may be cited as the Gas Act 1992.

Except as provided in subsection (3) of this section, this Act shall come into force on the 1st day of April 1993.

Part 1, Part 4, and sections 54, 55, and 60 of this Act shall come into force on the day after the date on which this Act receives the Royal assent.
1A Purposes Part 1 Preliminary provisions Interpretation 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 the current state of knowledge about the likelihood that harm or damage of that nature and severity will be suf­ fered if the result is not achieved; and (b) 2 (1) 8 Reprinted as at 14 October 2008 Gas Act 1992 Part 1 s 2 (c) (d) the current state of knowledge about harm or damage of that nature; and the current state of knowledge about the means avail­ able 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 anaer­ obic microbial decomposition of organic matter and that prin­ cipally 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 distribu­ tor 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 be­ low 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 The outlet of the container in which gas for distribution is stored— (b) 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 9 Part 1 s 2 Gas Act 1992 Reprinted as at 14 October 2008 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 odor­ isation 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 oc­ cupied 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, compres­ sion, or use of gas Gas means any fuel that is supplied through pipes or in con­ tainers 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 Governor­General de­ clares by Order in Council to be a gas for the purposes of this Act: Any mixture of gases: (c) Gas appliance means any appliance that uses, or is designed or intended to use, gas, whether or not it also uses, or is de­ signed 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 10 Reprinted as at 14 October 2008 Gas Act 1992 Part 1 s 2 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 appli­ ance (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 (in­ cluding any container) from which gas is supplied; and in­ cludes 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 sys­ tem 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 provi­ sion 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 Governor­General by Order in Council”.
Gas refueller means a gas retailer that supplies gas in contain­ ers, 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 11 Part 1 s 2 Gas Act 1992 Reprinted as at 14 October 2008 (ii) Any person who supplies gas to any other per­ son or persons for the purpose of resupply by the other person or persons (whether or not the per­ son who so supplies the gas is also a gas retailer); and Includes any person any subsidiary of which is a gas wholesaler: (b) 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 con­ veyance of gas: The operation of such pipelines, including the assump­ tion of responsibility for losses of gas: (b) local authority means a territorial authority within the mean­ ing 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 corres­ ponding 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 au­ thority 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 12 Reprinted as at 14 October 2008 Gas Act 1992 Part 1 s 2 in relation to a gas code of practice, Ofﬁcial standard, means— (a) A New Zealand Standard within the meaning of the Standards Act 1988; and (b) A standard speciﬁcation prescribed by any standards or­ Any aircraft, hovercraft, or vehicle: ganisation 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) 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 ac­ quisition or disposition of any interest in land, although osten­ sibly relating to any other matter or thing Relocatable building means any structure designed or adapted for human occupation that is designed to be relocat­ able; 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 jurisdic­ tion of any local authority; and also includes a public footpath; and also includes a State
 highway within the meaning of sec­ tion 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 (c) Roading Powers Act 1989; or 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 can­ 13 Part 1 s 2 Gas Act 1992 Reprinted as at 14 October 2008 celled, or where the roadway has been declared under section 421 of that Act to be a road; or (c) (d) (d) Any level crossing: Roading structure means any bridge, underpass, overpass, culvert, or tunnel Secretary means the chief executive of the Ministry; and in­ cludes 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— death; or (a) harm that incapacitates, or is likely to incapacitate, the (b) person suffering harm for 48 hours or more; or harm that incapacitates, or is likely to incapacitate, the person suffering harm due to the inhalation of carbon monoxide; or 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).

[Repealed] 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 substi­ tuting 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 Wai­ tangi 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.
14 Reprinted as at 14 October 2008 Gas Act 1992 Part 1 s 3 (2) (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 (1) Application Subject to subsection (2) of this section, and except as ex­ pressly 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) (ii) (iii) The Transport Act 1962 or the Land Transport Part 1 of the Crown Minerals Act 1991: The Shipping and Seamen Act 1952: Act 1998: (b) Any gas installation or class of gas installation that the Governor­General declares by Order in Council to be a 15 Part 1 s 4 Gas Act 1992 Reprinted as at 14 October 2008 (c) gas installation or, as the case requires, a class of gas installation to which this Act does not apply: Any gas appliance or class of gas appliance that the Governor­General 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 (e) (f) reformed for use as a gaseous fuel: Any gas appliance used in metal working and fuelled exclusively by acetylene or any prescribed gas: Any gas appliance designed to be fuelled exclusively from a container not exceeding 120 millilitres in cap­ acity: (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 “Noth­ ing 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.


Part 2 General Gas operators Declaration of person as gas operator The Minister may, by notice in the Gazette, declare a person to be a gas operator for the purposes of this Act or any provi­ sion 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.
The Minister must, as soon as reasonably practicable, by no­ tice in the Gazette, declare that a person ceases to be a gas 5 (1) (2) 16 Reprinted as at 14 October 2008 Gas Act 1992 Part 2 s 7 operator on a date stated in the notice if the Minister is sat­ isﬁed 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 Amend­ ment Act 2003 (2003 No 74).
Functions and powers of Secretary 6 7 (1) (2) (3) Functions of Secretary The functions of the Secretary under this Act are— (a) To carry out such enquiries, tests, audits or investiga­ tions as may be necessary to determine whether or not a person is complying with this Act: To take all such lawful steps as may be necessary to ensure the safe supply and use of gas: To perform such other functions as are provided for under this Act.
Compare: 1982 No 27 s 5 (b) (c) Inspection of distribution systems, etc For the purposes of performing any of the Secretary’s func­ tions 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.

For the purposes of carrying out an inspection under this sec­ tion, the Secretary may enter and re­enter any place.
Before carrying out any inspection under this section, the Sec­ retary shall give to the person who has control of or who is us­ ing 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) (b) Inspect any ﬁttings or gas appliance: 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: 17 Part 2 s 8 Gas Act 1992 Reprinted as at 14 October 2008 (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: For the purposes of examination and testing,— (i) (d) Remove any ﬁttings, unless the removal of those ﬁttings would unreasonably interfere with the op­ eration of any distribution system: Remove any gas appliance: (ii) By notice in writing require any person whom the Sec­ retary 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: 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 regu­ lations 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.
(e) (f) (5) This section shall apply notwithstanding anything to the con­ trary 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 Trans­ port Management Amendment Act 2008 (2008 No 47).
Report to be compiled 8 (1) Where any test is carried out under section 7 of this Act, the person who carries out the test shall— (a) (b) Give a copy of the report to— Compile a written report of the results of the test; and (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 18 Reprinted as at 14 October 2008 Gas Act 1992 Part 2 s 9 (ii) The owner or occupier of that place (where that person is not the person referred to in subpara­ graph (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) (b) (c) The owner of that place: The occupier of that place: 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 (1) (2) Special powers of Secretary 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 dis­ mantle any ﬁttings to facilitate or assist an inspection for the purposes of this Act.
The Secretary may at any time, by notice in writing, require any gas wholesaler, gas distributor, gas retailer, or consumer— To replace any gas measurement system, or any part (a) 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 instal­ lation; and 19 Part 2 s 10 Gas Act 1992 Reprinted as at 14 October 2008 (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) (b) 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 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 per­ sons 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 consid­ ers necessary to remove or minimise the danger or potential danger.
This section shall apply notwithstanding anything to the con­ trary 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 Trans­ port Management Amendment Act 2008 (2008 No 47).
Objections to Secretary’s requirements Every person who is affected by any notice given under sec­ tion 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 sub­ ject to the requirement, object to that notice or requirement.
Every objection under subsection (1) of this section shall be made by lodging a written notice of objection with the Regis­ trar 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.

Every notice of objection shall specify the grounds of the ob­ jection.
(3A) (3B) (4) 10 (1) (2) (3) 20 Reprinted as at 14 October 2008 Gas Act 1992 Part 2 s 13 (4) (5) 11 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.

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) 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) Procedure on hearing of objection 12 (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, (3) reverse, or modify the notice or requirement.

Subject to section 13 of this Act, every order made under sub­ section (2) of this section shall be ﬁnal.
Compare: 1982 No 27 s 11(5), (6) Appeal on question of law 13 (1) Where any party to an objection under section 10 of this Act is dissatisﬁed with the decision of a District Court on that objec­ tion 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.

Subject to subsection (3) of this section, every appeal under this section shall be heard and determined in accordance with rules of Court.
The provisions of Part 4 of the Summary Proceedings Act 1957 (including the other provisions of that Act that are ap­ (3) (2) 21 Part 2 s 14 Gas Act 1992 Reprinted as at 14 October 2008 (4) plied 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.
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 Regis­ trar of the High Court has certiﬁed that the appeal has been dismissed for non­prosecution, whichever occurs ﬁrst.
Secretary may require immediate compliance 14 (1) Notwithstanding sections 11 and 13(4) of this Act, where a no­ tice 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 situ­ ation to be one involving immediate danger to life or property, and on being so advised the objector shall immediately take active steps to comply with that notice or requirement.
Every person commits an offence who fails to comply immedi­ ately 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.
(2) (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 for­ feiture for doing or refraining from doing any such act.
Compare: 1982 No 27 s 11(8)­(11) 22 Reprinted as at 14 October 2008 Gas Act 1992 Part 2 s 15 Appeal against decision on application for injunction 15 (1) A party to proceedings under this Act on an application under section 14(3) may appeal to the High Court against any deci­ sion 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.

(5) (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.
The decision of the Court of Appeal on an appeal to that Court under this section, and on an application to it under this section for leave to appeal, shall be ﬁnal.

Subject to subsections (3) to (5) 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 Dis­ trict 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).

(6) Subsection (1A) was inserted, as from 24 November 2003, by section 4 Dis­ trict 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 Dis­ trict 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 Dis­ trict Courts Amendment Act 2002 (2002 No 63).

See section 5 of that Act 23 Part 2 s 16 Gas Act 1992 Reprinted as at 14 October 2008 for the transitional provision relating to appeals.

See clause 2 District Courts Amendment Act Commencement Order 2003 (SR 2003/281).
Assessors 16 (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.

(3) (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.
There shall be paid, out of public money appropriated by Par­ liament 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 pro­ visions 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 (1) Notiﬁcation of accidents This section applies to every accident— (a) (b) that involves the production, conversion, supply, distri­ bution, or use of gas; and that results in— (i) (ii) serious harm to any person; or signiﬁcant property damage.

(2) (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.
For the purposes of subsection (3) of this section, the appro­ priate 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: (4) 24 Reprinted as at 14 October 2008 Gas Act 1992 Part 2 s 17A (b) Where the accident is discovered by any person who is a registered gasﬁtter or a craftsman gasﬁtter or a regis­ tered gas inspector within the meaning of the Plumbers, Gasﬁtters, and Drainlayers Act 1976, or who is work­ ing under an employer licence issued under that Act, that person: In all other cases, the occupier of the place where the accident occurred.
(c) (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) (b) section 16(3) of the Electricity Act 1992: 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 in­ vestigation”.

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 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.
(b) 25 Part 2 s 18 Gas Act 1992 Reprinted as at 14 October 2008 (2) Subsection (1)(a) does not apply if the Secretary and the per­ son 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 Amend­ ment Act 2006 (2006 No 71).
Interference with scene of accident 18 (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 (1) Inquiries into accidents 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.
Subject to section 22 of this Act, the Secretary may, for the purpose of any inquiry or preliminary inquiry under this sec­ tion, require any person to supply to the Secretary all such in­ formation as that person may have of relevance to the inquiry or preliminary inquiry.
(3) (4) Where the Secretary conducts an inquiry under this section, the Secretary shall prepare a written report of the ﬁndings of 26 Reprinted as at 14 October 2008 Gas Act 1992 Part 2 s 21 20 21 the inquiry, and shall make copies of that report available on request to interested parties.
Compare: 1982 No 27 s 14(6), (7) 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 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: 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 To allow the Secretary to examine or make copies of or take extracts from any such document; or (ii) (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 requi­ sition given or made by the Secretary: 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: 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 other­ wise 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 27 (b) (c) (d) Part 2 s 22 Gas Act 1992 Reprinted as at 14 October 2008 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 23 Privilege against self­incrimination 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.
Part 3 Powers and duties of gas operators and other owners of gas ﬁttings 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 Rights of entry in respect of existing ﬁttings 24 (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— Inspecting, maintaining, or operating the ﬁttings: (a) In the case of ﬁttings the construction, erection, or lay­ (b) ing 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 28 Reprinted as at 14 October 2008 Gas Act 1992 Part 3 s 25 absence of proof to the contrary, constitute proof of that state­ ment.
Compare: 1987 No 116 s 12; 1988 No 164 s 14 25 (1) Construction or maintenance of ﬁttings on roads Except as provided in subsection (2) of this section, a gas op­ erator 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) (b) Alter the position of— Open or break up any road: Any pipe for the supply of gas; or (i) (ii) Any pipe (not being a main) for the supply of water; or (c) (iii) Any telecommunications line; or (iv) Any electric works— that are laid or placed in, on, along, over, across, or under that road: 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 subsec­ tion (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 jur­ isdiction over the road; and The owner of the pipe, telecommunications line, or electric works, as the case may be.
(b) (3) Without limiting the generality of subsection (2) of this sec­ tion, a local authority or other body or person having jurisdic­ tion over a road may impose under that subsection, in relation to any work undertaken by any gas operator, a condition re­ quiring the gas operator to meet the reasonable costs and ex­ penses 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: In supervising the carrying out of the work, where such supervision is necessary in the circumstances of the case.
(b) 29 Part 3 s 26 Gas Act 1992 Reprinted as at 14 October 2008 (4) Nothing in subsection (1) of this section applies in respect of the construction of ﬁttings for the purposes of gas transmis­ sion.
Compare: 1987 No 116 s 15; 1988 No 164 s 16 26 (1) Notice to be given before work undertaken 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 jur­ isdiction over the road to which the work relates; and 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.
(b) (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 con­ ditions 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 com­ mence work.
(5) Where any such work is rendered urgent and necessary by any defective equipment, or other emergency, the gas oper­ ator 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 30 Reprinted as at 14 October 2008 Gas Act 1992 Part 3 s 30 27 (1) (2) Offence Every gas operator commits an offence and is liable on sum­ mary conviction to a ﬁne not exceeding $10,000 who fails to comply with section 25 or section 26 of this Act.

In addition to any ﬁne imposed pursuant to subsection (1) of this section, the Court may make such order relating to com­ pensation as it thinks ﬁt.
Compare: 1987 No 116 s 15B; 1988 No 164 s 16 Appeals in relation to conditions imposed 28 (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 jur­ isdiction over the road; or The owner of any pipe, telecommunications line, or electric works.
(b) (2) 29 (1) (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 Determination of appeals 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.

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 Appeal on question of law 30 (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 31 Part 3 s 31 Gas Act 1992 Reprinted as at 14 October 2008 (2) (3) Court by way of case stated for the opinion of that Court on the question of law only.
Subject to subsection (3) of this section, every appeal under this section shall be heard and determined in accordance with rules of Court.

The provisions of Part 4 of the Summary Proceedings Act 1957 (including the other provisions of that Act that are ap­ plied 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.
Charging for access to road reserve 31 (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 (3) under the Local Government (Rating) Act 2002.
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 Trans­ port Management Amendment Act 2008 (2008 No 47).
Rights of entry in respect of level crossings 32 (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 oper­ ator has been unable to negotiate an agreement for en­ try,— 32 Reprinted as at 14 October 2008 Gas Act 1992 Part 3 s 32 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 mainten­ ance 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 re­enter 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: Perform such work as may be reasonably necessary to construct, place, or maintain any ﬁttings.
(b) (3) (4) (5) Every order under this section shall specify— How and when entry is to be made; and (a) The speciﬁc powers intended to be exercised; and (b) Such other conditions (including conditions relating to (c) the payment of compensation) as the Court thinks ﬁt to impose.

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.
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 Part 3 s 33 Gas Act 1992 Reprinted as at 14 October 2008 Local authority, etc, may require ﬁttings to be moved 33 (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.
If the owner of the ﬁttings refuses or fails within a reasonable time to do the work required under subsection (1) of this sec­ tion, the person requiring the work to be done may, after giving the owner of the ﬁttings written notice of that person’s inten­ tion to do so, do the work or have the work done by some other person.

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) (2) (3) 34 (1) Cost of work required under section 33 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) (ii) This Act or any regulations made under section 54 of this Act; or 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 The Public Works Act 1981; or (v) (vi) Any local or private Act; or (vii) Any regulations made under any enactment, or under any enactment of any of the classes of en­ actment, referred to in any of subparagraphs (ii) to (vi) of this paragraph; or (b) Are in a dangerous or unsafe condition,— 34 Reprinted as at 14 October 2008 Gas Act 1992 Part 3 s 34 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 better­ ment 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 construc­ tion) 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 ﬁt­ tings over, under, or through, a roading structure that is being, or is to be, constructed or altered; and 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,— (ii) 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 ori­ ginal ﬁttings, the owner of the ﬁttings shall pay the difference between— (i) What it would have cost to relocate and recon­ struct the ﬁttings as near as reasonably practic­ able to their original speciﬁcations (excluding any costs to which paragraph (a) of this subsec­ tion would have applied), taking into account— 35 Part 3 s 35 Gas Act 1992 Reprinted as at 14 October 2008 (A) Any restrictions or conditions imposed by or under any enactment in relation to the relocation and reconstruction; and The location of the original ﬁttings and the alternatives reasonably available to the owner of the ﬁttings; and (B) The actual cost of the relocation and reconstruc­ tion (excluding any costs to which paragraph (a) of this subsection applies),— (ii) where the amount calculated in accordance with sub­ paragraph (i) of this paragraph is less than the amount calculated in accordance with subparagraph (ii) of this paragraph.
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.
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 Failing such agreement, by arbitration under the Arbi­ tration Act 1908, with one arbitrator to be appointed by each party and an umpire to be appointed by those arbi­ trators before entering upon their reference.
(b) 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 Trans­ port Management Amendment Act 2008 (2008 No 47).
Government Roading Powers Act 1989 not to apply Sections 33 and 34 of this Act shall apply notwithstanding any­ thing 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).
(5) (6) 35 36 Reprinted as at 14 October 2008 Gas Act 1992 Part 4 s 37 36 (1) Owners and occupiers of private land and buildings may move ﬁttings 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 re­lay 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, re­laid, or replaced under subsec­ tion (1) of this section without the consent of the person that owns the ﬁttings, but that consent shall not be unreasonably withheld.

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 (3) Part 4 Gas codes of practice 37 (1) Issue of gas code of practice 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, im­ portation, or manufacture of distribution systems, gas installations, ﬁttings, or gas appliances: The setting of standards in respect of gas that is to be supplied to or used by gas retailers and consumers: The operation or use of distribution systems, gas instal­ lations, ﬁttings, or gas appliances: The inspection or maintenance of distribution systems, gas installations, ﬁttings, or gas appliances: The safety of persons or property associated with or using distribution systems, gas installations, ﬁttings, or gas appliances: (b) (c) (d) (e) 37 Part 4 s 38 Gas Act 1992 Reprinted as at 14 October 2008 (f) (g) (h) 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 establish­ ing and maintaining safety standards in relation to the manufacture, extraction, storage, process­ ing, treatment, distribution, supply, and applica­ tion of gas: The levels of technical or other qualiﬁcations ne­ cessary for the carrying out of any speciﬁed class or classes of gas work: (ii) 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: The setting or endorsing of standards, controls, or re­ quirements for the whole or any part of any tree or vege­ tation to prevent the interruption of the gas supply sys­ tem.
The Secretary may from time to time issue an amendment or revocation of any gas code of practice.

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.

The Secretary may issue any code of practice, issued in ac­ cordance 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).
Code may incorporate ofﬁcial standards by reference The Secretary may include in any gas code of practice a refer­ ence to— (2) (3) (4) 38 (1) 38 Reprinted as at 14 October 2008 Gas Act 1992 Part 4 s 39 (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 spe­ ciﬁed in the code— if that ofﬁcial standard or, as the case may be, that part of that ofﬁcial standard relates to the subject­matter of the code.
(2) On the inclusion, in a code, of a reference to an ofﬁcial stan­ dard 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 vari­ ations (if any) as are speciﬁed in the code) shall be deemed to form part of the code.
39 (1) (2) Code to be approved by Minister 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.
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 Secre­ tary to apply for approval; and The Minister has consulted such persons as will be af­ fected by the code or amendment or revocation, or rep­ resentatives of those persons, and they have had the op­ portunity to consider its possible effects and to comment on those effects to the Minister; and The Minister has considered any comments made to the Minister concerning those effects.
(b) (c) (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.
39 Part 4 s 40 Gas Act 1992 Reprinted as at 14 October 2008 (4) When the Minister approves a gas code of practice or an amendment or revocation of that code, the Minister shall— (a) (b) Publish a notice of the approval in the Gazette; and Show the date of the approval on the code, amendment, or revocation and promulgate it in such manner as the Minister thinks ﬁt.
The fact that the Minister has published in the Gazette a no­ tice 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 Availability of codes The Secretary shall ensure that copies of all gas codes of prac­ tice, 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 For purchase by members of the public at a reasonable price.
(b) 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 amend­ ment are available for inspection free of charge and for pur­ chase.
Emergency amendment of code 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.

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.
Every such amendment shall remain in force for a period of 60 days after the date on which it was issued and may be (5) 40 (1) (2) 41 (1) (2) (3) 40 Reprinted as at 14 October 2008 Gas Act 1992 Part 4 s 42 (4) (5) continued in force by the Minister for such further period or periods as the Minister thinks ﬁt, but the maximum period of time during which an emergency amendment may remain in force shall be 180 days.
Subject to subsection (5) of this section, an emergency amend­ ment 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.
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.
(7) (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.

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 Sec­ retary 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 41 Part 4 s 43 Gas Act 1992 Reprinted as at 14 October 2008 Proof of code 43 (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, purport­ ing to have been issued by the Secretary and to have been ap­ proved by the Minister shall, in the absence of proof to the con­ trary, be sufﬁcient evidence that it has been issued under the authority of section 37 of this Act and approved by the Min­ ister, 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 Secre­ tary shall, in the absence of proof to the contrary, be sufﬁcient evidence that it has been issued under the au­ thority 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 Min­ ister 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.
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: Judicial notice shall be taken of the signature of the Sec­ retary.
(b) Compare: 1968 No 125 s 24F; 1983 No 123 s 6 (3) 42 Reprinted as at 14 October 2008 Gas Act 1992 Part 4A s 43C Part 4A Governance of Gas Industry Subparts 1, 2, and 4 of Part 4A (comprising sections 43A to 43ZZF, and section 43ZZR) were inserted, as from 18 October 2004, by section 5 Gas Amendment Act 2004 (2004 No 83).
Subpart 1—General and regulation­making powers Subparts 1, 2, and 4 of Part 4A (comprising sections 43A to 43ZZF, and section 43ZZR) were inserted, as from 18 October 2004, by section 5 Gas Amendment Act 2004 (2004 No 83).

Preliminary provisions 43A Purpose The purpose of this Part is to provide for the governance of the gas industry.

43B Outline of Part (1) (2) (3) (4) (5) (6) Subpart 1 principally contains regulation­making powers that can be used for the governance of the gas industry.
Subpart 2 enables co­regulation of the gas industry by the Gov­ ernment and an industry body.

Subpart 3 enables regulation of the gas industry by the Gov­ ernment and a Crown entity called the Energy Commission.

Subpart 2 expires if subpart 3 is brought into force by Order in Council.

Subpart 4 contains exemptions from the restrictive trade prac­ tice provisions of the Commerce Act 1986.

This section is intended only as a guide to the general scheme and effect of this Part.
Subparts 1, 2, and 4 of Part 4A (comprising sections 43A to 43ZZF, and section 43ZZR) were inserted, as from 18 October 2004, by section 5 Gas Amendment Act 2004 (2004 No 83).
43C Outline of regulation­making powers (1) In this subpart, the principal regulation­making powers are as follows: 43 Part 4A s 43D Gas Act 1992 Reprinted as at 14 October 2008 Type of regulations How they can be made Regulations for terms and conditions of access to Maui pipeline Regulations on retail and consumer issues Regulations on wholesale market Regulations on gas processing facilities Regulations on transmission, and distribution of gas (other than on terms and conditions of access to Maui pipeline) They can be made at any time, (whether or not the industry body has been approved, or the Commission is established, or has made a recommendation).
They can be made only if— (a) an industry body is approved (and then only to implement the effect of a recommendation by that body); or (b) the Commission is established (and then only for transitional purposes or to implement the effect of a recommendation by the Commission).

(2) This section is intended only as a guide to the general scheme and effect of the principal regulation­making powers in this Part.
Subparts 1, 2, and 4 of Part 4A (comprising sections 43A to 43ZZF, and section 43ZZR) were inserted, as from 18 October 2004, by section 5 Gas Amendment Act 2004 (2004 No 83).
43D Interpretation 1In this Part, unless the context otherwise requires,— board, in relation to the industry body, means the directors, trustees, or other persons who constitute the governing board of the industry body 44 Reprinted as at 14 October 2008 Gas Act 1992 Part 4A s 43D Commission means the Energy Commission to be established under section 43ZZH constitution, in relation to the industry body, means its con­ stitution or trust deed or other similar governing document domestic consumer means any person who purchases gas in respect of any dwellinghouse gas governance regulations means regulations made under sections 43F to 43T gas producer means a person who supplies gas that is trans­ mitted on gas transmission or distribution pipelines GPS objectives and outcomes means objectives and out­ comes set under section 43ZO industry body means the body approved by Order in Council under section 43ZL industry participant means— (a) (b) (c) (d) (e) (f) a gas retailer: a gas distributor: a gas producer: a pipeline owner: a gas wholesaler: a person who purchases gas directly from a gas producer or gas wholesaler or on any wholesale gas market: a service provider appointed under any gas governance regulations: a gas metering equipment owner: a data administrator that provides data administration services to the gas industry,— (g) (h) (i) but does not include the industry body or the Commission (even to the extent that the industry body or the Commission may be acting as a service provider after an appointment under gas governance regulations) member,— (a) in relation to the board of the industry body, means a director or trustee or other person occupying a similar position by whatever name called; and in relation to the industry body itself, means a share­ holder or beneﬁciary or other person occupying a simi­ lar position by whatever name called (b) 45 Part 4A s 43E Gas Act 1992 Reprinted as at 14 October 2008 publicise, in relation to a document, means,— (a) to make the document available to the public, at no cost, on a website maintained by or on behalf of the industry body or the Commission, as the case may be, at all rea­ sonable times; and to give notice of the document in the Gazette (b) recommending body, in relation to a recommendation for gas governance regulations or rules, means the industry body, the Commission, or the Minister who makes the recommendation rules and gas governance rules mean rules made under sec­ tion 43Q Rulings Panel means any Rulings Panel established under gas governance regulations small consumer means a consumer who is supplied with less than 10 terajoules of gas per year.
Subparts 1, 2, and 4 of Part 4A (comprising sections 43A to 43ZZF, and section 43ZZR) were inserted, as from 18 October 2004, by section 5 Gas Amendment Act 2004 (2004 No 83).
Complaints resolution system 43E Complaints resolution system (1) Every gas distributor and every gas retailer must participate in a complaints resolution system that is approved by the Minis­ ter for the purpose of addressing complaints relating to those gas retailers and gas distributors by all or any of— (a) (b) small consumers (including potential small consumers): owners and occupiers of land into, through, or against which pipelines have been laid down or placed.
This section applies to a gas distributor or a gas retailer pro­ vided the Minister has approved, by notice in the Gazette, 1 or more complaints resolution systems that apply to that gas distributor or gas retailer.

Subparts 1, 2, and 4 of Part 4A (comprising sections 43A to 43ZZF, and section 43ZZR) were inserted, as from 18 October 2004, by section 5 Gas Amendment Act 2004 (2004 No 83).
(2) 46 Reprinted as at 14 October 2008 Gas Act 1992 Part 4A s 43F Gas industry regulation­making powers 43F Gas governance regulations for wholesale market, processing facilities, transmission, and distribution of gas The Governor­General may, by Order in Council made on the recommendation of the Minister in accordance with sections 43I to 43P, make regulations for all or any of the purposes in subsection (2).
The purposes are— (1) (2) (a) (b) (c) (d) Wholesale gas market providing for the establishment and operation of whole­ sale markets for gas, including for— (i) protocols and standards for reconciling and bal­ ancing gas: clearing, settling, and reconciling market trans­ actions: the provision and disclosure of data and other market information: (ii) (iii) (iv) minimum prudential standards of market partici­ pation: (v) minimum standards of market conduct: (vi) arrangements relating to outages and other secur­ ity of supply contingencies: Processing facilities setting reasonable terms and conditions for access to, and use of, gas processing facilities where— (i) this is reasonably necessary to allow new ﬁelds to be developed; and spare capacity is available or could be made available if the person accessing or using the facilities paid the reasonable costs (including the costs of capital) of providing the additional capacity: (ii) Transmission and distribution of gas prescribing reasonable terms and conditions for access to transmission or distribution pipelines: requiring expansions, upgrades, or service quality im­ provements to gas transmission pipelines including spe­ cifying how these will be paid for.
47 Part 4A s 43G Gas Act 1992 Reprinted as at 14 October 2008 Subparts 1, 2, and 4 of Part 4A (comprising sections 43A to 43ZZF, and section 43ZZR) were inserted, as from 18 October 2004, by section 5 Gas Amendment Act 2004 (2004 No 83).

43G Other gas governance regulations (1) The Governor­General may, by Order in Council made on the recommendation of the Minister in accordance with sections 43I to 43P, make regulations for all or any of the purposes in subsection (2).
The purposes are (a) Complaints resolution system providing for the establishment of, or participation by gas distributors and gas retailers in, a complaints reso­ lution system (that may include codes of practice) for the purpose of addressing complaints by all or any of small consumers (including potential small consumers), or owners and occupiers of land into, through, or against which pipelines have been laid down or placed, relating to gas retailers and gas distributors, or setting out min­ imum requirements in relation to that system, includ­ ing— (i) provision for compensation up to a maximum of $20,000 to be awarded, and other actions to be taken, by the complaints resolution agency in re­ lation to those complaints: provision for rights of review, or rights of appeal on a question of law only, in relation to decisions relating to those complaints: (ii) (b) Prepayment meters requiring gas retailers to offer prepayment meters to do­ mestic consumers at a reasonable cost, and prescribing conditions on which those meters must be offered, with the objective of ensuring that all domestic consumers who wish to pay for gas in advance have the option to do so at reasonable cost: (c) Ability of consumers to choose preferred gas retailer providing for arrangements to enable consumers to switch gas retailers: (2) 48 Reprinted as at 14 October 2008 Gas Act 1992 Part 4A s 43G (d) (e) (f) (g) (h) (i) (j) (k) (l) Transition arrangements for insolvent gas retailers providing a system of transition arrangements for con­ sumers in the event of a gas retailer becoming insolvent, and requiring industry participants to comply with that system, with the objective of protecting consumers or managing the liabilities of other gas retailers: Disclosure of information providing for the disclosure of information by gas trans­ mitters, distributors, and retailers on tariff and other charges: Terms and conditions of access providing for terms and conditions of access to gas meters by gas retailers: Information on customer accounts
 providing for information on customer accounts: Consumer contracts providing for minimum terms and conditions in con­ tracts between domestic consumers and gas distributors or gas retailers: Dispute resolution procedures providing procedures for resolving disputes between in­ dustry participants: providing for the operation and facilitation of those dis­ pute resolution procedures by a person, and the powers and procedures of that person: Enforcement of gas governance regulations providing for compliance with gas governance regula­ tions and rules to be monitored and enforced by the in­ dustry body or the Commission or any other person or court, and the powers and procedure of that person or court: Processes providing for processes for settling particular issues within the gas industry that may result in recommen­ dations for gas governance regulations or rules, and requiring compliance by industry participants, the in­ dustry body, and the Commission with those processes, 49 Part 4A s 43H Gas Act 1992 Reprinted as at 14 October 2008 including compliance with requirements to produce documents as part of those processes.
Subparts 1, 2, and 4 of Part 4A (comprising sections 43A to 43ZZF, and section 43ZZR) were inserted, as from 18 October 2004, by section 5 Gas Amendment Act 2004 (2004 No 83).

Section 43G(2)(c): substituted, on 20 September 2007, by section 4 of the Gas Amendment Act 2007 (2007 No 60).
43H Low ﬁxed charge tariff option for domestic consumers (1) The objective of this section is to enable the making of regula­ tions to ensure that gas providers offer a low ﬁxed charge tariff option or options for delivered gas to domestic consumers that will assist low­use consumers and encourage energy conser­ vation.
In this section,— delivered gas includes components like gas supply, line func­ tion services, customer service, meter provision, and meter reading services ﬁxed charge means a charge levied for each customer connec­ tion in currency per time period (for example, cents per day) gas provider means a gas retailer or other business that con­ tracts with consumers to sell delivered gas or a component of delivered gas.
The Governor­General may, by Order in Council made on the recommendation of the Minister in accordance with sections 43I to 43P, make regulations for all or any of the following purposes: (a) requiring gas providers to make available to domestic consumers 1 or more tariff options that include a ﬁxed charge for delivered gas to dwellinghouses at not more than a speciﬁed amount: regulating the variable (cents per kilowatt hour) charges in those required tariff options to ensure that low­use domestic consumers would pay a lower total charge on the required tariff option than on any similar alternative tariff option available from that gas provider: regulating other charges and other terms and conditions of the contracts to which the low ﬁxed charge tariff op­ tions in paragraph (a) relate, to ensure that they are not, (b) (c) (2) (3) 50 Reprinted as at 14 October 2008 Gas Act 1992 Part 4A s 43H (e) (6) (d) (5) in the opinion of the Minister, unreasonably detrimental to the interests of low­use consumers: setting rules as to the offering, supply, advertisement, promotion, availability, and unbundling of regulated charging options: specifying criteria for the Minister to exempt gas providers, or gas providers in relation to particular areas, from the application of the regulations if, in the opinion of the Minister, the gas providers materially comply with the objective of this section.
(4) No gas provider that is a customer trust or a community trust may pay a domestic consumer who is on the required tariff option a different rebate only because the consumer is on the required tariff option.

Each trustee of a gas provider that contravenes subsection (4) commits an offence, and is liable on summary conviction to a ﬁne not exceeding $20,000.
If the components that make up the delivered gas are unbun­ dled, regulations may be made under subsection (3) for each component, or group of components, of delivered gas to ensure that the objective of this section is achieved for the aggregate of all the components.

Subsection (6) applies regardless of whether different compo­ nents of delivered gas are supplied by the same gas provider.
Regulations made under subsection (3) may provide for the way in which the total charge of the low­use domestic con­ sumer is to be assessed, which may be (without limitation) calculated with reference to national data or the data relating to any gas retailer or gas distributor.
The Governor­General may, for the purpose of assisting re­ tailers to deliver low ﬁxed charge tariff options, by Order in Council made on the recommendation of the Minister in ac­ cordance with sections 43I to 43P, make regulations for all or any of the following purposes: (a) regulating all or any charges charged by gas distributors to ensure that they are not, in the opinion of the Minis­ ter, unreasonably detrimental to the interests of low­use consumers: (7) (9) (8) 51 Part 4A s 43I Gas Act 1992 Reprinted as at 14 October 2008 (c) (b) regulating the terms and conditions under which gas distributors supply their services in relation to domestic consumers to ensure that they are not, in the opinion of the Minister, unreasonably detrimental to the interests of low­use consumers: setting rules as to the offering, availability, supply, and unbundling of gas distributors’ services: regulating the charging, offering, supply, and availabil­ ity of delivered gas by other gas providers.
(10) The Governor­General may, by Order in Council made on the recommendation of the Minister in accordance with sections 43I to 43P, make regulations providing for the supply and col­ lection of information from gas providers and gas distribu­ tors— (a) (d) about contracts, offers, advertising, or promotion relat­ ing to the supply of delivered gas, or components of de­ livered gas, to domestic consumers; or information that is necessary for the purposes of cal­ culating the total charge for the low­use domestic con­ sumer.
(b) Subparts 1, 2, and 4 of Part 4A (comprising sections 43A to 43ZZF, and section 43ZZR) were inserted, as from 18 October 2004, by section 5 Gas Amendment Act 2004 (2004 No 83).
Process for making recommendations for gas governance regulations 43I Which gas governance regulations can be made if there is no industry body or Commission If there is no industry body and no Commission, the Minister may recommend only— (a) regulations prescribing terms and conditions for access to the Maui pipeline under section 43F(2)(c): regulations under section 43G, section 43H, section 43S, or section 43T.
(b) Subparts 1, 2, and 4 of Part 4A (comprising sections 43A to 43ZZF, and section 43ZZR) were inserted, as from 18 October 2004, by section 5 Gas Amendment Act 2004 (2004 No 83).
52 Reprinted as at 14 October 2008 Gas Act 1992 Part 4A s 43K 43J Which gas governance regulations can be made if there (1) (2) is industry body but no Commission If there is an industry body but no Commission, the Minister may recommend only— (a) regulations prescribing terms and conditions for access to the Maui pipeline under section 43F(2)(c): other gas governance regulations under section 43F but only if the recommendation— (i) (b) implements the effect of a recommendation of the industry body; and does not differ from that recommendation in any material way (for example, other than in matters of drafting style or minor detail): (ii) (c) regulations under section 43G, section 43H, section 43S, or section 43T.
If there is an industry body but no Commission, the Minister must not recommend gas governance regulations under para­ graph (a) or paragraph (c) or paragraph (h) of section 43G(2) unless the industry body has been given a reasonable oppor­ tunity to recommend gas governance regulations under those paragraphs.

Subparts 1, 2, and 4 of Part 4A (comprising sections 43A to 43ZZF, and section 43ZZR) were inserted, as from 18 October 2004, by section 5 Gas Amendment Act 2004 (2004 No 83).
43K Which gas governance regulations can be made if there is Commission If there is a Commission, the Minister may recommend any gas governance regulations but only if— (a) the recommendation is for transitional purposes if the Commission has not yet made a recommendation to the Minister on the matter; or the recommendation— (i) (b) implements the effect of a recommendation of the Commission; and does not differ from that recommendation in any material way (for example, other than in matters of drafting style or minor detail).
(ii) 53 Part 4A s 43L Gas Act 1992 Reprinted as at 14 October 2008 Subparts 1, 2, and 4 of Part 4A (comprising sections 43A to 43ZZF, and section 43ZZR) were inserted, as from 18 October 2004, by section 5 Gas Amendment Act 2004 (2004 No 83).
43L Consultation before making recommendation for gas (1) governance regulations Before making a recommendation for any gas governance regulations, the recommending body must— (a) (b) undertake an assessment under section 43N; and consult with persons that the recommending body thinks are representative of the interests of persons likely to be substantially affected by the proposed regulations; and give those persons the opportunity to make submis­ sions; and consider those submissions.
(c) (d) (2) However, subsection (1) does not apply to the Minister if the Minister’s recommendation— (a) (b) implements the effect of a recommendation of the in­ dustry body or the Commission; and does not differ from that recommendation in any mater­ ial way (for example, other than in matters of drafting style or minor detail).

(3) (4) Before making a recommendation concerning regulations under section 43G(2)(a) to (h) or section 43H, the Minister must consult with the Minister of Consumer Affairs.
This section is subject to section 43P in the case of urgent regulations.

(5) A regulation that is found by a court to be invalid solely be­ cause of a contravention of this section may not be declared to be invalid with effect earlier than 6 months after the date of the declaration.

Subparts 1, 2, and 4 of Part 4A (comprising sections 43A to 43ZZF, and section 43ZZR) were inserted, as from 18 October 2004, by section 5 Gas Amendment Act 2004 (2004 No 83).
54 Reprinted as at 14 October 2008 Gas Act 1992 Part 4A s 43N 43M Other process for making recommendations for gas (1) (2) (c) (b) governance regulations The following also applies to the making of recommendations for gas governance regulations: (a) sections 43ZN to 43ZP apply to a recommendation of the industry body: sections 43ZZN and 43ZZO apply to a recommendation of the Commission: the industry body or the Commission must undertake an assessment under section 43N before making a recom­ mendation: the Minister must, before making a recommendation for gas governance regulations for which a recommenda­ tion of the industry body is not required under section 43J, have regard to any recommendation that the indus­ try body may have made about those regulations.
Subsection (1)(c) is subject to section 43P in the case of urgent regulations.

Subparts 1, 2, and 4 of Part 4A (comprising sections 43A to 43ZZF, and section 43ZZR) were inserted, as from 18 October 2004, by section 5 Gas Amendment Act 2004 (2004 No 83).
(d) 43N Assessment of proposed gas governance regulations (1) Before making a recommendation to the Minister for a gas governance regulation, the industry body or the Commission must— (a) (b) (c) seek to identify all reasonably practicable options for achieving the objective of the regulation; and assess those options by considering— (i) (ii) the beneﬁts and costs of each option; and the extent to which the objective would be pro­ moted or achieved by each option; and any other matters that the industry body or the Commission considers relevant; and (iii) ensure that the objective of the regulation is unlikely to be satisfactorily achieved by any reasonably practic­ able means other than the making of the regulation (for example, by education, information, or voluntary com­ pliance); and 55 Part 4A s 43O Gas Act 1992 Reprinted as at 14 October 2008 (d) prepare a statement of the proposal for the purpose of consultation under section 43L(1).
(2) (3) The statement of the proposal referred to in subsection (1)(d) must contain— (a) (b) (c) a detailed statement of the proposal; and a statement of the reasons for the proposal; and an assessment of the reasonably practicable options, in­ cluding the proposal, identiﬁed under subsection (1); and other information that the industry body or the Commis­ sion considers relevant.
(d) The industry body or the Commission is not required to com­ ply with subsection (1) if it is satisﬁed that the effect of the rec­ ommendation is minor and will not adversely affect the inter­ ests of any person in a substantial way.

Subparts 1, 2, and 4 of Part 4A (comprising sections 43A to 43ZZF, and section 43ZZR) were inserted, as from 18 October 2004, by section 5 Gas Amendment Act 2004 (2004 No 83).
43O Process after making recommendation for gas governance (1) (2) that recommendation; and the assessment completed under section 43N.
regulation The industry body and the Commission must, no later than 10 working days after it gives a recommendation to the Minister for a gas governance regulation, publicise— (a) (b) The Commission or the Minister must advise the Commerce Commission as soon as practicable after making any recom­ mendation for a gas governance regulation that is likely to af­ fect any powers of the Commerce Commission under Part 4 or sections 70 to 72 of the Commerce Act 1986.
Subparts 1, 2, and 4 of Part 4A (comprising sections 43A to 43ZZF, and section 43ZZR) were inserted, as from 18 October 2004, by section 5 Gas Amendment Act 2004 (2004 No 83).
43P Urgent regulations Sections 43L and 43N (which relate to consultation and as­ sessments) do not apply if the recommending body considers that it is necessary or desirable in the public interest that the proposed regulations be made urgently and, in this case, the 56 Reprinted as at 14 October 2008 Gas Act 1992 Part 4A s 43Q recommendation must state that it is made in reliance on this section and then, within 6 months of those regulations being made,— (a) the recommending body must— comply with sections 43L and 43N; and (i) (ii) make a recommendation to the Minister on whether the regulations should be revoked, re­ placed, or amended; and no later than 10 working days after making the recommendation, publicise the recommendation and the assessment completed under section 43N; and (iii) (b) after receiving that recommendation, the Minister must publish a notice in the Gazette stating whether or not he or she decides to recommend the revocation, replace­ ment, or amendment of the regulations and explaining the reasons for that decision, or stating where copies of that explanation may be obtained,— and then, within a further 6 months, the Minister must make that recommendation.
Subparts 1, 2, and 4 of Part 4A (comprising sections 43A to 43ZZF, and section 43ZZR) were inserted, as from 18 October 2004, by section 5 Gas Amendment Act 2004 (2004 No 83).

Gas governance rules 43Q Gas governance rules (1) (2) The Minister may make a rule for all or any of the purposes for which a gas governance regulation may be made.
In deciding whether to make a rule rather than recommend the making of a gas governance regulation, the Minister must have regard to only— (a) the importance of the rule, including whether the rule has a material effect on the rights and interests of indi­ viduals: the subject matter of the rule, including whether the rule contains detailed or technical matters rather than mat­ ters of general principle: the application of the rule, including— (b) (c) 57 Part 4A s 43R Gas Act 1992 Reprinted as at 14 October 2008 (i) whether the rule applies principally to a particular group (eg, industry participants) rather than the general public: (ii) whether the beneﬁts of publication in accord­ ance with section 43R rather than the Acts and Regulations Publication Act 1989 outweigh the costs of publication by that method: the expertise and rule­making procedures of the recom­ mending body.
(d) (3) If the Minister makes, or the recommending body recom­ mends, a rule for a purpose for which a gas governance regulation may be made, sections 43I to 43P apply (with necessary modiﬁcations) as if the rule were a gas governance regulation.

Section 43R applies to the method of making the rule.

(4) (5) A rule is a regulation for the purposes of the Regulations (Disallowance) Act 1989 (but not for the purposes of the Acts and Regulations Publication Act 1989).
To the extent that a rule is inconsistent with a gas governance regulation, the rule is subject to the gas governance regulation.

(7) A rule that is found by a court to be invalid solely because of a contravention of subsection (2) may not be declared to be invalid with effect earlier than 6 months after the date of the declaration.

Subparts 1, 2, and 4 of Part 4A (comprising sections 43A to 43ZZF, and section 43ZZR) were inserted, as from 18 October 2004, by section 5 Gas Amendment Act 2004 (2004 No 83).
(6) 43R Method of making gas governance rules (1) A rule may be made under section 43Q by the Minister pub­ lishing a notice in the Gazette that states— (a) the empowering provision for the gas governance regu­ lation in relation to which the rule is made and a brief description of the nature of the rule; and (b) where copies of the rule are available for inspection and purchase.

The notice in the Gazette need not contain the rule.
(2) (3) A rule comes into force 28 days after the date on which it is notiﬁed in the Gazette or on any later date stated in the notice.
58 Reprinted as at 14 October 2008 Gas Act 1992 Part 4A s 43S (4) The Minister and the recommending body must make all of the rules made under section 43Q available to the public by making copies of them available— (a) for inspection, free of charge,— (i) at the head ofﬁce of the Ministry and the principal ofﬁce of the recommending body (during ordin­ ary ofﬁce hours); and on the Internet in an electronic form that is pub­ licly accessible (at all reasonable times); and (ii) for purchase at a reasonable price.
(b) Subparts 1, 2, and 4 of Part 4A (comprising sections 43A to 43ZZF, and section 43ZZR) were inserted, as from 18 October 2004, by section 5 Gas Amendment Act 2004 (2004 No 83).
Supplementary provisions 43S Supplementary empowering provision for regulations and rules (1) Any regulations or rules made under this subpart may— (a) (b) (c) (d) (e) provide for 1 or more persons or bodies or groups of persons to carry out functions in relation to those regula­ tions or rules, and for matters concerning their establish­ ment, constitution, functions, members (including their appointment, removal, duties, and protection from li­ ability), procedures, employees, administration and op­ eration, funding by industry participants, and reporting requirements: provide for systems, processes, and procedures (includ­ ing dispute resolution procedures), and the keeping, supply, and disclosure of information, in relation to any of the matters speciﬁed in this subpart: prescribe the form and manner in which information is to be disclosed: require disclosed information, or information from which disclosed information is derived (in whole or in part), to be certiﬁed, in the prescribed form and manner, by persons belonging to any speciﬁed class of persons: prescribe when and for how long information must be disclosed: 59 Part 4A s 43T Gas Act 1992 Reprinted as at 14 October 2008 (f) (g) (h) (i) exempt or provide for exemptions (including provide for the revocation of exemptions), on any terms and conditions, of any person or class of persons from all or any of the requirements in regulations or rules made under this subpart: provide for the supply of information for the purpose of administration and enforcement of this Act, and regula­ tions and rules made under this Act: provide for transitional provisions: provide for any other matters contemplated by this Act or necessary for its administration or necessary for giv­ ing it full effect.
(2) (3) Regulations or rules that may be made in respect of all industry participants or classes of industry participants may be made in respect of all or any of the persons in that class and in respect of all or part of their business.

In this subpart, unless the context otherwise requires, terms and conditions includes both contractual matters and other types of arrangements and requirements.
Subparts 1, 2, and 4 of Part 4A (comprising sections 43A to 43ZZF, and section 43ZZR) were inserted, as from 18 October 2004, by section 5 Gas Amendment Act 2004 (2004 No 83).

43T Supplementary empowering provision for regulations Any regulations made under this subpart may provide for of­ fences that are punishable on summary conviction for a contra­ vention of those regulations, or of rules made under section 43Q, and provide for ﬁnes not exceeding $20,000 for those offences.
Subparts 1, 2, and 4 of Part 4A (comprising sections 43A to 43ZZF, and section 43ZZR) were inserted, as from 18 October 2004, by section 5 Gas Amendment Act 2004 (2004 No 83).
Provisions that apply if gas governance regulations or rules are in force 43U Party must co­operate with investigations Every industry participant must co­operate fully with any in­ vestigation carried out, for the purposes of monitoring or en­ forcing any gas governance regulations or rules, by the indus­ 60 Reprinted as at 14 October 2008 Gas Act 1992 Part 4A s 43V try body or the Commission, or by an investigator appointed under those regulations,— (a) by providing, within any reasonable time speciﬁed by the industry body, Commission, or investigator, all information, papers, recordings, and documents concerning the matter that are in the possession, or under the control, of the industry participant and that are requested for the purpose of the investigation; and by permitting its ofﬁcers or other employees to be in­ ter­viewed (which interview may be recorded) and by ensuring as far as possible that they are made available for interview and answer truthfully and fully any ques­ tions put to them; and by giving to the industry body or the Commission, or any person authorised by the industry body or the Commission, at all reasonable times, full access to any premises (subject to complying with any safety requirements that apply to visitors to those premises) at which the industry participant carries on business or maintains records; and by giving all other assistance that may be reasonable and necessary to enable the matter to be fully investi­ gated.
(b) (c) (d) Subparts 1, 2, and 4 of Part 4A (comprising sections 43A to 43ZZF, and section 43ZZR) were inserted, as from 18 October 2004, by section 5 Gas Amendment Act 2004 (2004 No 83).

43V Privileges protected (1) Section 43U does not limit any claim for legal professional privilege.

(2) A person is not excused from answering a question or giving any information or document on the ground that to do so may incriminate or tend to incriminate that person.
(3) However, a self­incriminating statement or document made or given— (a) is not admissible as evidence in criminal or civil pro­ ceedings against that person; and (b) may not be used against the person in any proceedings before the Rulings Panel, except for information pro­ 61 Part 4A s 43W Gas Act 1992 Reprinted as at 14 October 2008 vided under any self­reporting obligation under those regulations.
Subparts 1, 2, and 4 of Part 4A (comprising sections 43A to 43ZZF, and section 43ZZR) were inserted, as from 18 October 2004, by section 5 Gas Amendment Act 2004 (2004 No 83).

43W Limits on investigation powers (1) The industry body or the Commission may authorise, in writ­ ing, any person or persons to exercise all or any of the powers referred to in section 43U(b) or (c) in respect of an industry participant.
(2) An authorised person must, before entering premises under section 43U(c), give reasonable notice to the owner or occu­ pier of the premises (at least 4 days before entry) of his or her intention to enter the premises.

(4) (3) An authorised person must, on ﬁrst entering any premises under section 43U(c) and, if requested, at any later time, produce to the person apparently in charge of the premises the authorisation under subsection (1).
If an authorised person enters any premises under section 43U(c) and is unable, despite reasonable efforts, to ﬁnd any person apparently in charge, the authorised person must, before leaving the premises, leave a written notice stating— (a) (b) the authorised person’s identity; and the address of premises where the authorised person may be contacted; and the date and time of entry; and the reasons for entering.
(c) (d) Section 43U(c) does not authorise an authorised person to en­ ter a home, except with the consent of an occupier or under the authority of a warrant.

(5) (6) An authorised person may apply for a warrant by written ap­ plication on oath.
(7) A District Court Judge, Justice, or Community Magistrate, or a Court Registrar (not being a constable) who is satisﬁed that there are reasonable grounds to believe that it is necessary, for the purpose of ascertaining whether or not an industry partici­ pant has breached, or may breach, the gas governance regu­ lations or rules, for an authorised person to search any place 62 Reprinted as at 14 October 2008 Gas Act 1992 Part 4A s 43X may, by warrant, authorise that person to search a place speci­ ﬁed in the warrant.
Subparts 1, 2, and 4 of Part 4A (comprising sections 43A to 43ZZF, and section 43ZZR) were inserted, as from 18 October 2004, by section 5 Gas Amendment Act 2004 (2004 No 83).
43X Rulings Panel may make certain orders (1) A Rulings Panel may, after considering any complaint or mat­ ter referred to it in respect of any allegation that an industry participant has breached any gas governance regulations or rules,— (a) (b) (c) (d) (e) (f) (g) decide that no action should be taken: issue a private warning or reprimand to an industry par­ ticipant: issue a public warning or reprimand to an industry par­ ticipant: impose additional or more stringent record­keeping or reporting requirements under or in connection with any gas governance regulation or rule: order an industry participant to pay a civil pecuniary penalty not exceeding $20,000: order an industry participant to pay a sum by way of compensation to any other person: order an industry participant that is found not to be com­ plying with the gas governance regulations or rules to take any action that is necessary to restore it to a pos­ ition of compliance: (i) (h) make an order terminating or suspending the rights of an industry participant under any gas governance regu­ lation or rule: make orders regarding the reasonable costs of any in­ vestigations or proceedings: propose to the industry body or the Commission that it recommend to the Minister that a change should be made to a regulation or rule.
(j) (2) In making any such decision, the Rulings Panel must take into account its previous decisions in respect of any similar situ­ ations previously dealt with by the industry body, the Com­ mission, or the Rulings Panel.

63 Part 4A s 43Y Gas Act 1992 Reprinted as at 14 October 2008 Subparts 1, 2, and 4 of Part 4A (comprising sections 43A to 43ZZF, and section 43ZZR) were inserted, as from 18 October 2004, by section 5 Gas Amendment Act 2004 (2004 No 83).
43Y Restriction of remedies (1) The remedies provided for in section 43X and in any gas gov­ ernance regulations and rules are the only remedies in respect of a breach of those regulations or rules.

(2) No one can bring an action for breach of statutory duty that arises out of, or relates to, a breach of those regulations or rules by an industry participant.
This section does not limit the recovery of— (a) (3) a debt owing under any gas governance regulations or rules; or damages in tort other than breach of statutory duty, for breach of contract, or for any other wrong, that arises from any act or omission that is also a breach of those regulations or rules.

(b) Subparts 1, 2, and 4 of Part 4A (comprising sections 43A to 43ZZF, and section 43ZZR) were inserted, as from 18 October 2004, by section 5 Gas Amendment Act 2004 (2004 No 83).
43Z Limit on tort claims against service providers (1) No industry participant may bring an action in tort against a service provider that arises out of, or relates to, any act, matter, or thing done, or required or omitted to be done, by the service provider in its role as service provider, provided that the act or omission is not a fraudulent act or omission by the service provider.

Service provider means a service provider appointed under the gas governance regulations.
Subparts 1, 2, and 4 of Part 4A (comprising sections 43A to 43ZZF, and section 43ZZR) were inserted, as from 18 October 2004, by section 5 Gas Amendment Act 2004 (2004 No 83).

(2) 64 Reprinted as at 14 October 2008 Gas Act 1992 Part 4A s 43ZD Appeals 43ZA Appeals on ground of lack of jurisdiction An industry participant affected by a decision of the Rulings Panel may appeal that decision to the High Court on the ground of lack of jurisdiction.
Subparts 1, 2, and 4 of Part 4A (comprising sections 43A to 43ZZF, and section 43ZZR) were inserted, as from 18 October 2004, by section 5 Gas Amendment Act 2004 (2004 No 83).

43ZB Judicial review not precluded Nothing in this Act limits access to the courts in an action for judicial review.

Subparts 1, 2, and 4 of Part 4A (comprising sections 43A to 43ZZF, and section 43ZZR) were inserted, as from 18 October 2004, by section 5 Gas Amendment Act 2004 (2004 No 83).
43ZC Appeals on question of law in relation to decisions by (1) (2) industry body, Commission, or Rulings Panel There is a right of appeal to the High Court on a question of law only against a decision of the industry body, the Commission, or the Rulings Panel under any gas governance regulations or rules.

The appeal must be made by giving notice of appeal within 20 working days after the date of the decision appealed against or within any further time that the Court allows.
Subparts 1, 2, and 4 of Part 4A (comprising sections 43A to 43ZZF, and section 43ZZR) were inserted, as from 18 October 2004, by section 5 Gas Amendment Act 2004 (2004 No 83).

(2) 43ZD Right of appeal against suspension or termination orders (1) An industry participant in respect of which a suspension order or termination order is made may appeal to the High Court against the order.
The appeal must be made by giving notice of appeal within 20 working days after the date of the order appealed against or within any further time that the Court allows.

Subparts 1, 2, and 4 of Part 4A (comprising sections 43A to 43ZZF, and section 43ZZR) were inserted, as from 18 October 2004, by section 5 Gas Amendment Act 2004 (2004 No 83).
65 Part 4A s 43ZE Gas Act 1992 Reprinted as at 14 October 2008 43ZE Persons entitled to appeal (b) The industry body, the Commission, and the following indus­ try participants, may exercise a right of appeal under this Part: an industry participant in whose favour or against whom (a) a decision or order of the industry body, the Commis­ sion, or the Rulings Panel is made: an industry participant who was a party to a dispute that was determined by the industry body, the Commission, or the Rulings Panel: any industry participant who joined as a party to the investigation of the matter that is subject to the appeal.
Subparts 1, 2, and 4 of Part 4A (comprising sections 43A to 43ZZF, and section 43ZZR) were inserted, as from 18 October 2004, by section 5 Gas Amendment Act 2004 (2004 No 83).
(c) 43ZF Determination of appeals In its determination of any appeal (other than an appeal to the High Court by way of case stated for the opinion of the Court on a question of law only), the High Court may do any 1 or more of the following things: (a) conﬁrm, modify, or reverse the decision or any part of it: exercise any of the powers that could have been exer­ cised by the industry body, the Commission, or the Rul­ ings Panel in relation to the matter to which the appeal relates.
Compare: 1986 No 5 s 93 (b) Subparts 1, 2, and 4 of Part 4A (comprising sections 43A to 43ZZF, and section 43ZZR) were inserted, as from 18 October 2004, by section 5 Gas Amendment Act 2004 (2004 No 83).
(1) 43ZG High Court may refer appeals back to industry body, Commission, or Rulings Panel for reconsideration The High Court may, in any case, instead of determining any appeal, direct the industry body, the Commission, or the Rul­ ings Panel to reconsider, either generally or in respect of any speciﬁed matters, the whole or any speciﬁed part of the matter to which the appeal relates.
In giving any direction under this section, the Court must— (2) 66 Reprinted as at 14 October 2008 Gas Act 1992 Part 4A s 43ZI (a) (b) advise the industry body, the Commission, or the Rul­ ings Panel, as the case may be, of its reasons for doing so; and give to the industry body, the Commission, or the Rul­ ings Panel, as the case may be, any directions that it thinks just concerning the reconsideration or otherwise of the whole or any part of the matter that is referred back.
In reconsidering the matter, the industry body, the Commis­ sion, or the Rulings Panel, as the case may be, must have re­ gard to the Court’s reasons for giving the direction, and the Court’s directions.

Compare: 1986 No 5 s 94 Subparts 1, 2, and 4 of Part 4A (comprising sections 43A to 43ZZF, and section 43ZZR) were inserted, as from 18 October 2004, by section 5 Gas Amendment Act 2004 (2004 No 83).
(3) 43ZH Provisions pending determination of appeal If an appeal is brought under this Part against any decision of the industry body, the Commission, or the Rulings Panel, the decision to which the appeal relates remains in full force pending the determination of the appeal, unless the High Court orders to the contrary.
Compare: 1985 No 5 s 95 Subparts 1, 2, and 4 of Part 4A (comprising sections 43A to 43ZZF, and section 43ZZR) were inserted, as from 18 October 2004, by section 5 Gas Amendment Act 2004 (2004 No 83).

(2) 43ZI High Court may order proceedings be heard in private (1) The High Court may, in its discretion, order that the hearing or any part of the hearing of any proceedings under this Part be held in private.
The High Court may make an order prohibiting the publica­ tion of any report or description of proceedings or any part of proceedings (whether heard in public or in private), but no order may prohibit the publication of any determination of the Court.
Compare: 1985 No 5 s 96 67 Part 4A s 43ZJ Gas Act 1992 Reprinted as at 14 October 2008 Subparts 1, 2, and 4 of Part 4A (comprising sections 43A to 43ZZF, and section 43ZZR) were inserted, as from 18 October 2004, by section 5 Gas Amendment Act 2004 (2004 No 83).
43ZJ Appeal to Court of Appeal in certain cases (1) Any party to any appeal before the High Court against any decision of the industry body, the Commission, or the Rulings Panel, as the case may be, who is dissatisﬁed with any decision or order of the High Court may, with the leave of the High Court or of the Court of Appeal, appeal to the Court of Appeal.

Section 66 of the Judicature Act 1908 applies to the appeal.
In determining whether to grant leave to appeal under this sec­ tion, the court to which the application for leave is made must have regard to the following matters: (a) (2) (3) whether any question of law or general principle is in­ volved: the importance of the issues to the parties: the amount of money in issue: any other matters that in the particular circumstances the court thinks ﬁt.
(b) (c) (d) (4) The court granting leave may, in its discretion, impose any conditions that it thinks ﬁt, whether as to costs or otherwise.

Compare: 1985 No 5 s 97 Subparts 1, 2, and 4 of Part 4A (comprising sections 43A to 43ZZF, and section 43ZZR) were inserted, as from 18 October 2004, by section 5 Gas Amendment Act 2004 (2004 No 83).
Subpart 2—Co­regulation of gas industry Subparts 1, 2, and 4 of Part 4A (comprising sections 43A to 43ZZF, and section 43ZZR) were inserted, as from 18 October 2004, by section 5 Gas Amendment Act 2004 (2004 No 83).

43ZK Purpose of subpart The purpose of this subpart is to provide for co­regulation of the gas industry by the Government and an industry body.
Subparts 1, 2, and 4 of Part 4A (comprising sections 43A to 43ZZF, and section 43ZZR) were inserted, as from 18 October 2004, by section 5 Gas Amendment Act 2004 (2004 No 83).

68 Reprinted as at 14 October 2008 Gas Act 1992 Part 4A s 43ZL Approval of industry body 43ZL Approval of industry body (1) The Governor­General may, by Order in Council made on the recommendation of the Minister, approve a body to be an in­ dustry body for the purposes of this Part.
Before making the recommendation, the Minister must be sat­ isﬁed that— (a) (2) (b) (c) (d) (e) (f) the industry body is broadly inclusive of industry par­ ticipants; and the constitution of the industry body requires the board of that body to have a majority of independent members, including an independent chairperson; and the industry body is capable of delivering outcomes that meet the Government’s objectives for the gas industry; and the industry body has objectives, in its constitution, that are consistent with the objectives in section 43ZN; and the industry body enables, and has provisions in its con­ stitution that enable, all industry participants to become members of the industry body; and the constitution of the industry body requires it to report regularly to the Minister on— (i) the performance and present state of the New Zealand gas industry; and the industry body’s performance and achieve­ ment of its objectives; and any other matters the industry body thinks ﬁt or the Minister requests in writing.
(ii) (iii) (3) A member of the board is not independent if that person— (a) (b) (c) has a material ﬁnancial interest in an industry partici­ pant; or is a director, ofﬁcer, member, employee, or trustee of an industry participant; or is otherwise directly or indirectly materially interested in an industry participant.

(4) The references to “industry participants” in subsection (2)(a) and (e) do not include service providers appointed under any gas governance regulations.
69 Part 4A s 43ZM Gas Act 1992 Reprinted as at 14 October 2008 Subparts 1, 2, and 4 of Part 4A (comprising sections 43A to 43ZZF, and section 43ZZR) were inserted, as from 18 October 2004, by section 5 Gas Amendment Act 2004 (2004 No 83).

(2) 43ZM Revocation of approval of industry body (1) The Governor­General may, by Order in Council made on the recommendation of the Minister, revoke any approval given under section 43ZL.
Before making a recommendation for the revocation of the approval of an industry body, the Minister must— consult with the industry body; and (a) be satisﬁed either that a Commission has been, or is to (b) be, established or that the industry body ,has ceased to be a body that meets the criteria in section 43ZL.

Subparts 1, 2, and 4 of Part 4A (comprising sections 43A to 43ZZF, and section 43ZZR) were inserted, as from 18 October 2004, by section 5 Gas Amendment Act 2004 (2004 No 83).
Objectives of industry body in relation to recommendations for gas governance regulations 43ZN Objectives of industry body in recommending regulations for wholesale market, processing facilities, transmission, and distribution of gas The objectives of the industry body, in recommending gas gov­ ernance regulations under section 43F, are as follows: (a) the principal objective is to ensure that gas is delivered to existing and new customers in a safe, efﬁcient, and reliable manner; and the other objectives are— (i) the facilitation and promotion of the ongoing sup­ply of gas to meet New Zealand’s energy needs, by providing access to essential infras­ tructure and competitive market arrangements: barriers to competition in the gas industry are minimised: incentives for investment in gas processing fa­ cilities, transmission, and distribution are main­ tained or enhanced: (ii) (iii) (b) 70 Reprinted as at 14 October 2008 Gas Act 1992 Part 4A s 43ZP (iv) (v) (vi) delivered gas costs and prices are subject to sus­ tained downward pressure: risks relating to security of supply, including transport arrangements, are properly and efﬁ­ ciently managed by all parties: consistency with the Government’s gas safety regime is maintained.
Subparts 1, 2, and 4 of Part 4A (comprising sections 43A to 43ZZF, and section 43ZZR) were inserted, as from 18 October 2004, by section 5 Gas Amendment Act 2004 (2004 No 83).

GPS objectives and outcomes 43ZO Setting of GPS objectives and outcomes (1) The Minister may set objectives and outcomes that the Gov­ ernment wants the industry body to pursue in relation to the governance of the gas industry, and against which the industry body must report.
The Minister must set those objectives and outcomes by— (a) giving the industry body a statement of government pol­ icy containing those objectives and outcomes; or giving the industry body an amendment to, or replace­ ment of, that statement.

(b) The Minister must publish in the Gazette, and present to the House of Representatives, each statement (or amendment to, or replacement of, a statement) under subsection (2) as soon as practicable after giving it to the industry body.
The industry body must have regard to those objectives and outcomes when making recommendations for gas governance regulations under this Part.

Subparts 1, 2, and 4 of Part 4A (comprising sections 43A to 43ZZF, and section 43ZZR) were inserted, as from 18 October 2004, by section 5 Gas Amendment Act 2004 (2004 No 83).
(2) (3) (4) 43ZP What Minister can do with industry body recommendations about wholesale market, processing facilities, transmission, and distribution of gas The Minister must decide, within 90 days of receiving a rec­ ommendation from the industry body in relation to gas govern­ (1) 71 Part 4A s 43ZQ Gas Act 1992 Reprinted as at 14 October 2008 (2) (3) ance regulations under section 43F, either to accept or reject the recommendation.
Subsection (1) does not apply to regulations made under sec­ tion 43F(2)(c) prescribing terms and conditions for access to the Maui pipeline.

The Minister must publish a notice in the Gazette stating his or her decision under subsection (1) and explaining the reasons for it or where copies of that explanation may be obtained.

Subparts 1, 2, and 4 of Part 4A (comprising sections 43A to 43ZZF, and section 43ZZR) were inserted, as from 18 October 2004, by section 5 Gas Amendment Act 2004 (2004 No 83).
Industry body strategic plan 43ZQ Industry body strategic plan (1) At or before the start of each ﬁnancial year, the industry body must prepare a strategic plan for the industry body for that ﬁnancial year and at least the 2 following ﬁnancial years.
The plan must contain the following information for the next ﬁnancial year and at least the 2 following ﬁnancial years: (a) (2) key background information about the industry body and its operating environment: the nature and scope of the industry body’s intended operations: the speciﬁc impacts, outcomes, or objectives that the in­ dustry body seeks to achieve or contribute to and how those objectives might relate to any outcomes or object­ ives referred to in this subpart or in any GPS objectives and outcomes: how the industry body intends to conduct its operations to achieve those impacts, outcomes, or objectives: the main ﬁnancial and non­ﬁnancial measures and stan­ dards by which the future performance of the industry body may be judged: the matters on which the industry body will consult or notify the Minister before making a decision, the mat­ ters on which it will report to the Minister, and the fre­ quency of reporting: (b) (c) (d) (e) (f) 72 Reprinted as at 14 October 2008 Gas Act 1992 Part 4A s 43ZS (g) (h) other matters the industry body is required to include in the industry body strategic plan under this Act or another Act: any other matters that are reasonably necessary to achieve an understanding of the industry body’s inten­ tions and direction.
The plan must also contain the information required by section 43ZR for the ﬁrst ﬁnancial year to which it relates.

The plan must be in writing, be dated, and be signed on behalf of the board by 2 members of the board of the industry body.

Subparts 1, 2, and 4 of Part 4A (comprising sections 43A to 43ZZF, and section 43ZZR) were inserted, as from 18 October 2004, by section 5 Gas Amendment Act 2004 (2004 No 83).
(3) (4) 43ZR Extra information required in strategic plan for ﬁrst ﬁnancial year The industry body’s strategic plan must contain the following information for the ﬁrst ﬁnancial year to which it relates: (a) forecast ﬁnancial statements for the industry body that have been prepared in accordance with the Financial Reporting Act 1993 as if the industry body were a re­ porting entity under that Act; and other measures and standards necessary to judge the in­ dustry body’s performance at the end of the ﬁnancial year; and a statement of all signiﬁcant assumptions underlying the forecast ﬁnancial statements; and any additional information and explanations needed to fairly reﬂect the forecast ﬁnancial operations and ﬁnan­ cial position of the industry body.
(b) (c) (d) Subparts 1, 2, and 4 of Part 4A (comprising sections 43A to 43ZZF, and section 43ZZR) were inserted, as from 18 October 2004, by section 5 Gas Amendment Act 2004 (2004 No 83).
43ZS Application and term of strategic plan An industry body strategic plan is in force— (a) from the later of— (i) the date on which the ﬁnal plan is provided to the Minister; or 73 Part 4A s 43ZT Gas Act 1992 Reprinted as at 14 October 2008 (ii) the ﬁrst day of the period to which the plan spe­ ciﬁes that it relates; and until a new strategic plan is in force in relation to the industry body (despite the end of any ﬁnancial year to which the plan relates); and with any amendments that are made as described in sec­ tion 43ZU.
(b) (c) Subparts 1, 2, and 4 of Part 4A (comprising sections 43A to 43ZZF, and section 43ZZR) were inserted, as from 18 October 2004, by section 5 Gas Amendment Act 2004 (2004 No 83).

43ZT Process for providing strategic plan to Minister (1) The industry body must provide a strategic plan to the Minis­ ter.
The process that must be followed in providing a strategic plan is as follows: (a) (2) the industry body must provide a draft strategic plan to the Minister no later than 60 days before the start of each ﬁnancial year; and the Minister must provide to the industry body any com­ ments that he or she may have on the draft no later than 30 days before the start of the ﬁnancial year; and the industry body must consider the comments (if any) on the draft and provide the ﬁnal strategic plan to the Minister on or before the start of the ﬁnancial year.
(b) (c) Subparts 1, 2, and 4 of Part 4A (comprising sections 43A to 43ZZF, and section 43ZZR) were inserted, as from 18 October 2004, by section 5 Gas Amendment Act 2004 (2004 No 83).

43ZU Amendments by industry body (1) (2) The industry body may amend its strategic plan.
The industry body must amend its strategic plan if— (a) the information contained in it is false or misleading in a material particular; or the intentions and undertakings in it are signiﬁcantly altered or affected by— (i) (ii) any change in the law; or any other change in the industry body’s operating environment.
(b) 74 Reprinted as at 14 October 2008 Gas Act 1992 Part 4A s 43ZW (3) (4) The industry body must make the amendment required under subsection (2) as soon as practicable after the industry body becomes aware of the facts that give rise to the obligation to amend under that subsection.
The industry body must amend its strategic plan in accordance with the following process: (a) the industry body must provide a draft amendment to the Minister; and the Minister must provide to the industry body any com­ ments that he or she may have no later than 30 days after receiving the draft; and the industry body must consider the comments (if any) and must provide a ﬁnal amendment to the Minister as soon as practicable; and the ﬁnal amendment to the strategic plan is in force from the date on which the ﬁnal amendment is provided to the Minister.
(b) (c) (d) Subparts 1, 2, and 4 of Part 4A (comprising sections 43A to 43ZZF, and section 43ZZR) were inserted, as from 18 October 2004, by section 5 Gas Amendment Act 2004 (2004 No 83).

43ZV Strategic plan must be publicised The industry body must publicise a ﬁnal strategic plan or a ﬁnal amended strategic plan as soon as practicable after it is provided to the Minister.
Subparts 1, 2, and 4 of Part 4A (comprising sections 43A to 43ZZF, and section 43ZZR) were inserted, as from 18 October 2004, by section 5 Gas Amendment Act 2004 (2004 No 83).
Industry body annual report 43ZW Annual report (1) Within 3 months after the end of each ﬁnancial year, the in­ dustry body must deliver to the Minister an annual report of the industry body’s operations and performance for that year, including— (a) information that is necessary to enable an informed as­ sessment to be made of the industry body’s operations and performance under this Part for that year, including an assessment against its strategic plan prepared under 75 Part 4A s 43ZX Gas Act 1992 Reprinted as at 14 October 2008 (b) (c) (d) (e) this subpart at the beginning of the year and against the GPS objectives and outcomes; and a report on the exercise of the powers conferred on it by this Part during the year; and audited consolidated ﬁnancial statements for the indus­ try body for that ﬁnancial year that have been prepared in accordance with the Financial Reporting Act 1993 as if the industry body were a reporting entity under that Act; and the report on those ﬁnancial statements that is signed by an auditor who was appointed or reappointed by the industry body within 12 months before the end of the period to which the statements relate; and a report of the matters required to be included in the annual report of a company by paragraphs (e), (f), and (g) of section 211(1) of the Companies Act 1993; and those paragraphs apply as if references to— (i) an accounting period were references to that year; and the company were references to the industry body; and a director or former director were references to a member or former member of the board of the industry body; and (ii) (iii) (f) (g) the disclosures required under section 43ZX; and any matters that relate to or affect the body’s operations that the body is otherwise required, or has undertaken, or wishes to report on in its annual report.
(2) An annual report must be in writing, be dated, and be signed on behalf of the board of the industry body by 2 members of the board of the industry body.

Subparts 1, 2, and 4 of Part 4A (comprising sections 43A to 43ZZF, and section 43ZZR) were inserted, as from 18 October 2004, by section 5 Gas Amendment Act 2004 (2004 No 83).
43ZX Disclosure of payments in respect of industry body board members and employees The annual report must include— (a) for each member of the board, the total value of the re­ muneration (other than compensation or other beneﬁts (1) 76 Reprinted as at 14 October 2008 Gas Act 1992 Part 4A s 43ZZ (b) (c) (d) (e) referred to in paragraph (c)) paid or payable to the mem­ ber during that ﬁnancial year; and the number of employees to whom, during the ﬁnancial year, remuneration (other than compensation or other beneﬁts referred to in paragraph (c)) was paid or pay­ able in their capacity as employees, the total value of which is or exceeds $100,000 per annum, and the num­ ber of those employees in brackets of $10,000; and the total value of any compensation or other beneﬁts paid or payable to persons who ceased to be members of the board or employees during the ﬁnancial year in relation to that cessation and the number of persons to whom all or part of that total was paid or payable; and details of any indemnity provided during the ﬁnancial year to any member of the board or employee; and details of any insurance cover effected by the board dur­ ing the ﬁnancial year in respect of the liability or costs of any member of the board or employee.
(2) In subsection (1), member and employee include a person who was a member of the board or employee at any time af­ ter the commencement of this section but who is no longer a member or employee.

Subparts 1, 2, and 4 of Part 4A (comprising sections 43A to 43ZZF, and section 43ZZR) were inserted, as from 18 October 2004, by section 5 Gas Amendment Act 2004 (2004 No 83).
43ZY Annual report must be presented to House of Representatives The Minister must present a copy of the industry body’s annual report to the House of Representatives as soon as practicable after receiving it.

Subparts 1, 2, and 4 of Part 4A (comprising sections 43A to 43ZZF, and section 43ZZR) were inserted, as from 18 October 2004, by section 5 Gas Amendment Act 2004 (2004 No 83).
Miscellaneous provisions 43ZZ Publication of industry body documents (1) The industry body must publicise its annual report from the earlier of— 77 Part 4A s 43ZZA Gas Act 1992 Reprinted as at 14 October 2008 (a) (b) as soon as practicable after it is presented to the House of Representatives; or no later than 10 working days after it is delivered to the Minister.

The industry body must publicise its constitution.


Subparts 1, 2, and 4 of Part 4A (comprising sections 43A to 43ZZF, and section 43ZZR) were inserted, as from 18 October 2004, by section 5 Gas Amendment Act 2004 (2004 No 83).

(2) 43ZZA Auditors For the purposes of the audit of any ﬁnancial statements re­ ferred to in section 43ZW, an auditor has, and may exercise and perform, all the functions, powers, and duties of an audi­ tor under the Companies Act 1993 as if the industry body were a company.
Subparts 1, 2, and 4 of Part 4A (comprising sections 43A to 43ZZF, and section 43ZZR) were inserted, as from 18 October 2004, by section 5 Gas Amendment Act 2004 (2004 No 83).

Levy to fund industry body 43ZZB Industry body recommendation for levy regulations (1) The industry body may recommend to the Minister that regu­ lations be made under section 43ZZE to require industry par­ ticipants to pay a levy to the industry body.
The recommendation may recommend different levies or levy rates for different classes of industry participants.

Subparts 1, 2, and 4 of Part 4A (comprising sections 43A to 43ZZF, and section 43ZZR) were inserted, as from 18 October 2004, by section 5 Gas Amendment Act 2004 (2004 No 83).
(2) 43ZZC Costs that may be met from levy (1) Levy regulations under section 43ZZE may provide for the levy to meet the following estimated costs: (a) the costs of making recommendations concerning any gas governance regulations and rules under this Part: the costs of administering, monitoring compliance with, investigating, enforcing, and applying penalties or other remedies for contraventions of, gas governance regula­ tions and rules, to the extent that the industry body is required to do so by those regulations or rules or re­ (b) 78 Reprinted as at 14 October 2008 Gas Act 1992 Part 4A s 43ZZD (c) (d) (e) (f) (g) (h) quested to do so by any government policy statement applicable to the gas industry or the Minister: the costs of establishing, operating, and facilitating the operation of markets for industry participants (in­ cluding by contracting with other parties, entering into a joint venture or contractual arrangement, or other means): the costs of establishing or implementing 1 or more complaints resolution systems: the costs of providing advice to the Minister on matters concerning the gas industry: the costs of governance of the industry body: the costs of collecting the levy: the costs of the industry body of carrying out any other functions or duties, or exercising any powers, under this Part.
(2) (3) The levy may include any costs from the date on which the industry body is approved, even though regulations imposing the levy may be made after that date.

The levy may— (a) deduct over­recoveries in respect of a ﬁnancial year from the levy payable in subsequent ﬁnancial years; or add under­recoveries in respect of a ﬁnancial year to the levy payable in subsequent ﬁnancial years.
(b) Subparts 1, 2, and 4 of Part 4A (comprising sections 43A to 43ZZF, and section 43ZZR) were inserted, as from 18 October 2004, by section 5 Gas Amendment Act 2004 (2004 No 83).

43ZZD Minister must accept recommendations if certain (1) conditions met The Minister may accept or reject a recommendation of the industry body to make levy regulations under section 43ZZB.
(2) However, the Minister must accept that recommendation, and recommend to the Governor­General that levy regulations be made, if he or she is satisﬁed that— (a) the levy rate or amount is reasonable, having regard to the industry body strategic plan, the latest industry body annual report, and any GPS objectives and outcomes; and 79 Part 4A s 43ZZE Gas Act 1992 Reprinted as at 14 October 2008 (b) the industry body has consulted with industry partici­ pants on the levy rate or amount; and (c) the requirements of sections 43ZZB to 43ZZE are met.
Subparts 1, 2, and 4 of Part 4A (comprising sections 43A to 43ZZF, and section 43ZZR) were inserted, as from 18 October 2004, by section 5 Gas Amendment Act 2004 (2004 No 83).

43ZZE Levy regulations that may be made (1) The Governor­General may, by Order in Council made on the recommendation of the Minister, make levy regulations that meet the requirements of sections 43ZZB to 43ZZD.
The levy regulations must prescribe the amount of the levy, or the levy rate according to which the amount of the levy may be calculated.

The levy regulations must apply only to the ﬁnancial year in respect of which the levy regulations are made.

The levy regulations may require payment of a levy for a ﬁ­ nancial year or part ﬁnancial year, irrespective of the fact that the regulations may be made after that ﬁnancial year has com­ menced.
Every industry participant (or prescribed class of industry par­ ticipants) must pay to the industry body the levy that is pre­ scribed.

The amount of any unpaid levy is recoverable in any court of competent jurisdiction as a debt due to the industry body.

The levy regulations may exempt or provide for exemptions from, or provide for waivers of, the whole or any part of the levy for any case or class of cases.
Subparts 1, 2, and 4 of Part 4A (comprising sections 43A to 43ZZF, and section 43ZZR) were inserted, as from 18 October 2004, by section 5 Gas Amendment Act 2004 (2004 No 83).

43ZZF Expiry of subpart (1) This subpart expires on the date on which subpart 3 comes into force.

The expiry of this subpart does not affect any gas governance regulations or rules made on the recommendation of the indus­ try body.
(2) (3) (4) (5) (6) (7) (2) 80 Reprinted as at 14 October 2008 Gas Act 1992 Part 4A s 43ZZL Subparts 1, 2, and 4 of Part 4A (comprising sections 43A to 43ZZF, and section 43ZZR) were inserted, as from 18 October 2004, by section 5 Gas Amendment Act 2004 (2004 No 83).

Subpart 3—Governance of gas industry by Energy Commission Subparts 1, 2, and 4 of Part 4A (comprising sections 43A to 43ZZF, and section 43ZZR) were inserted, as from 18 October 2004, by section 5 Gas Amendment Act 2004 (2004 No 83).
Preliminary provisions 43ZZG Purpose Subparts 1, 2, and 4 of Part 4A (comprising sections 43A to 43ZZF, and section 43ZZR) were inserted, as from 18 October 2004, by section 5 Gas Amendment Act 2004 (2004 No 83).
Energy Commission 43ZZH Commission to govern gas industry established 43ZZI Continuation of Commission’s functions, objectives, etc Subparts 1, 2, and 4 of Part 4A (comprising sections 43A to 43ZZF, and section 43ZZR) were inserted, as from 18 October 2004, by section 5 Gas Amendment Act 2004 (2004 No 83).
43ZZJ Additional principal objective of Energy Commission Subparts 1, 2, and 4 of Part 4A (comprising sections 43A to 43ZZF, and section 43ZZR) were inserted, as from 18 October 2004, by section 5 Gas Amendment Act 2004 (2004 No 83).

43ZZK Additional speciﬁc outcomes in relation to gas Subparts 1, 2, and 4 of Part 4A (comprising sections 43A to 43ZZF, and section 43ZZR) were inserted, as from 18 October 2004, by section 5 Gas Amendment Act 2004 (2004 No 83).
43ZZL Additional functions Subparts 1, 2, and 4 of Part 4A (comprising sections 43A to 43ZZF, and section 43ZZR) were inserted, as from 18 October 2004, by section 5 Gas Amendment Act 2004 (2004 No 83).

81 Part 4A s 43ZZM Gas Act 1992 Reprinted as at 14 October 2008 43ZZM Additional duties of members Subparts 1, 2, and 4 of Part 4A (comprising sections 43A to 43ZZF, and section 43ZZR) were inserted, as from 18 October 2004, by section 5 Gas Amendment Act 2004 (2004 No 83).
Role of Energy Commission in relation to gas governance regulations and rules 43ZZN Objectives of recommendations Subparts 1, 2, and 4 of Part 4A (comprising sections 43A to 43ZZF, and section 43ZZR) were inserted, as from 18 October 2004, by section 5 Gas Amendment Act 2004 (2004 No 83).
43ZZO Consultation and accountability sections apply Subparts 1, 2, and 4 of Part 4A (comprising sections 43A to 43ZZF, and section 43ZZR) were inserted, as from 18 October 2004, by section 5 Gas Amendment Act 2004 (2004 No 83).

43ZZP Levy of industry participants Subparts 1, 2, and 4 of Part 4A (comprising sections 43A to 43ZZF, and section 43ZZR) were inserted, as from 18 October 2004, by section 5 Gas Amendment Act 2004 (2004 No 83).
43ZZQ Amendments to Ombudsmen Act 1975 and Public Finance Act 1989 Subparts 1, 2, and 4 of Part 4A (comprising sections 43A to 43ZZF, and section 43ZZR) were inserted, as from 18 October 2004, by section 5 Gas Amendment Act 2004 (2004 No 83).

Subpart 4—Exemptions from restrictive trade practice provisions of Commerce Act 1986 Subparts 1, 2, and 4 of Part 4A (comprising sections 43A to 43ZZF, and section 43ZZR) were inserted, as from 18 October 2004, by section 5 Gas Amendment Act 2004 (2004 No 83).
43ZZR Authorisations for purposes of Commerce Act 1986 The following are speciﬁcally authorised for the purpose of section 43 of the Commerce Act 1986: 82 Reprinted as at 14 October 2008 Gas Act 1992 Part 5 s 44 (a) any act, matter, or thing done, or omitted to be done, by the industry body or an industry participant in the course of, or for the purpose of,— (i) determining the form of the industry body’s con­ stitution and strategic plan, including any amend­ ments to those documents: complying with the constitution of the industry body, including any amendments to that consti­ tution: recommending any gas governance regulations or rules: recommending a levy of industry participants in accordance with this Act: (ii) (iii) (iv) (b) (c) anything done, or omitted to be done, by the industry body, the Energy Commission, the Rulings Panel, or an industry participant, that is reasonably necessary to comply with, enforce, or otherwise administer any gas governance regulations or rules: the industry body’s constitution and strategic plan and any amendments to those documents.
Subparts 1, 2, and 4 of Part 4A (comprising sections 43A to 43ZZF, and section 43ZZR) were inserted, as from 18 October 2004, by section 5 Gas Amendment Act 2004 (2004 No 83).

Part 5 Miscellaneous provisions General 44 (1) (2) Gas suppliers Every person who is supplying gas or providing line function services at the date of commencement of this section shall ad­ vise the Secretary within 1 month of that date of the place at which that person is carrying on business.
Every person who intends to commence supplying gas or pro­ viding 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.
83 Part 5 s 45 Gas Act 1992 Reprinted as at 14 October 2008 (3) 45 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 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 Safety requirements for distribution systems, etc 46 (1) All distribution systems, gas installations, ﬁttings, and gas ap­ pliances 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 dis­ tribution system, gas installation, ﬁttings, or gas appliance ex­ empted 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 Testing and inspection of gasﬁtting work 47 (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.
84 Reprinted as at 14 October 2008 Gas Act 1992 Part 5 s 48 (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 instal­ lation 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 (1) (2) (3) (4) Power of entry 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 dwelling­ house) 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.
The power of entry conferred by subsection (1) of this section may be exercised whether or not there are any grounds to be­ lieve that any gasﬁtting has not been properly carried out.

Every person shall give reasonable notice of that person’s in­ tention to enter any premises pursuant to subsection (1) of this section to both the owner and the occupier of the premises.
Every person shall, on entering any premises pursuant to sub­ section (1) of this section, and when requested at any subse­ quent time, produce to the person in charge of the premises— 85 Part 5 s 49 Gas Act 1992 Reprinted as at 14 October 2008 that person’s authority to enter the (a) Evidence of premises; and Evidence of that person’s identity.
(b) Compare: 1979 No 139 s 39 Power to require information 49 (1) Where any gasﬁtting has been done on any premises, any per­ son (being a gas inspector or any other person authorised by or under this Act to inspect gasﬁtting) may from time to time re­ quire any person who was the occupier of the premises at the time the gasﬁtting was done to furnish, within such reason­ able 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.
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 (2) (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 com­ pliance with that requirement could or would tend to incrim­ inate that person or subject that person to any penalty or for­ feiture.
(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.
86 Reprinted as at 14 October 2008 Gas Act 1992 Part 5 s 50 50 (1) Conditions relating to power to enter land or premises 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 author­ ised: Reasonable notice of the intention to enter shall be given unless the giving of the notice would defeat the purpose of the entry: Entry shall be made at reasonable times: 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 ini­ tial entry and, if requested, at any subsequent time: Entry into a dwellinghouse shall be authorised by a war­ rant from a District Court Judge, Justice, or Community Magistrate, or any Court Registrar (not being a consta­ ble), by written application on oath.
(b) (c) (d) (e) (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 distribu­ tion 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 de­ fence area (within the meaning of the Defence Act 1990) un­ 87 Part 5 s 51 Gas Act 1992 Reprinted as at 14 October 2008 less 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 (1) (2) Compensation for damage 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.
In default of agreement between the parties, claims for com­ pensation 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 Notices in relation to Maori land 53 (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 Regis­ 88 Reprinted as at 14 October 2008 Gas Act 1992 Part 5 s 54 (2) 54 (1) trar 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.
In this section, the term Maori land has the same meaning as in section 2 of the Maori Affairs Act 1953.
Regulations—General Regulations The Governor­General may from time to time, by Order in Council, make regulations for all or any of the following pur­ poses: (a) (b) Providing for the removal of any ﬁttings or gas appli­ ance 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: Securing the protection of persons and property from injury or damage caused through gas, either directly or indirectly, by— (i) Authorising, controlling, and prescribing condi­ tions in respect of, the design, construction, in­ stallation, maintenance, use, management, in­ spection, and testing of distribution systems or gas installations: (ii) Authorising, controlling, and prescribing condi­ tions in respect of, the design, installation, manu­ facture, maintenance, use, inspection, import­ ation, sale, and testing of gas appliances or ﬁt­ tings used or intended to be used in the applica­ tion 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 appli­ ances and ﬁttings as are speciﬁed in the regula­ tions, or as are from time to time declared by the Secretary by public notice to be subject to the 89 Part 5 s 54 Gas Act 1992 Reprinted as at 14 October 2008 regulations, to be approved by the Secretary be­ fore being offered for sale in New Zealand; pro­ viding for the giving of such approval, for the specifying by the Secretary of conditions sub­ ject 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 regula­ tions: (v) Authorising, controlling, restricting, prescribing conditions in respect of, and, where necessary, prohibiting, the construction, installation, use, trans­ management, operation, maintenance, portation, 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 ﬁt­ tings 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 sys­ tems: (bc) prescribing, for the purposes of sections 46A, 46B, and 54A, what distribution systems, gas installations, ﬁt­ tings, 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 distribu­ tion systems, gas installations, ﬁttings, and gas appli­ ances are deemed to be or not to be a gas supply system (or part of a gas supply system): Prescribing standards in respect of ﬁttings, gas appli­ ances, gas installations, meters, and gas that are or is to be supplied to or used by gas retailers and consumers: (c) 90 Reprinted as at 14 October 2008 Gas Act 1992 Part 5 s 54 (d) (e) (f) (g) (h) 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 Secre­ tary; 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: Prescribing, in relation to workers,— (i) The training required for any speciﬁed class or classes of workers for the purposes of establish­ ing and maintaining safety standards in relation to the manufacture, extraction, storage, process­ ing, treatment, distribution, supply, and applica­ tion of gas: The levels of technical or other qualiﬁcations ne­ cessary 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 con­ tradiction to the provisions of the Plumbers, Gasﬁtters, and Drainlayers Act 1976 or any regulations made under that Act: (ii) Regulating and controlling— (i) (ii) The distribution and supply of gas: The installation, use, and maintenance of gas measurement systems used for or in connection with the supply or use of gas: Providing for the protection of ﬁttings: Requiring the keeping and retention of such records as are necessary for the purposes of establishing and main­ taining safety standards in relation to the production, transmission, distribution, and application of gas, and 91 Part 5 s 54 Gas Act 1992 Reprinted as at 14 October 2008 (j) (i) (k) prescribing the particulars that shall be included in such records: Requiring gas wholesalers to supply to gas retailers and consumers such information on changes in gas compo­ sition or variations in gas supplied as is prescribed: Providing for the testing, inspection, and certiﬁcation of gasﬁtting: Prescribing standards in respect of the quality, compo­ sition, physical properties, dew point, caloriﬁc value, purity, odorisation, and odour of gas supplied: Prescribing permissible pressure ranges in respect of the supply of gas: Providing for the testing and sealing of gas measure­ ment systems and calibration equipment; prescribing the manner in which and the means by which such test­ ing and
 sealing shall be done; and regulating the man­ ner in which and the means by which gas measurement systems and calibration equipment are reassembled in connection with such testing: (n) Authorising the Secretary— (m) (l) (i) (ii) In cases of urgency, to issue, in such manner as may be prescribed, instructions, orders, or re­ quirements for securing the protection of persons from injuries caused, directly or indirectly, by gas: Provided that any such instruction, order, or re­ quirement 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: To obtain such information concerning the production, transmission, distribution, sale, con­ sumption, application, and supply of gas as may be required for statistical purposes: (o) (iii) To carry out tests on distribution systems, gas installations, ﬁttings, and gas appliances: 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 92 Reprinted as at 14 October 2008 Gas Act 1992 Part 5 s 54 (p) (q) (r) (s) (sb) (sc) (sd) (se) (t) 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: Exempting or providing for the exemption of distribu­ tion systems, gas installations, ﬁttings, and gas appli­ ances from the provisions of section 46 of this Act: 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: 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: Prescribing offences in respect of
 the contravention of or non­compliance with any regulations made under this section, and the amount of the ﬁne that may be im­ posed in respect of any such offence, which ﬁne shall be an amount not exceeding $50,000 and, where the of­ fence is a continuing one, a further amount not exceed­ ing $2,000 for every day or part of a day during which the offence has continued: prescribing infringement offences: setting the infringement fee for each infringement of­ fence, which,— (i) in the case of an individual, must not exceed $1,000; or in the case of a body corporate, must not exceed $3,000: (ii) prescribing information to be included in infringement notices and reminder notices: 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: 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.
93 Part 5 s 54 Gas Act 1992 Reprinted as at 14 October 2008 (2) Any regulations made under any of paragraphs (b) to (m) of (b) 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: Provide that proof of compliance with— (i) Any gas code of practice, or any part of such a code; or any ofﬁcial standard, or any part of an ofﬁcial standard; or (ia) (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 regu­ lations (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 sec­ tion, regulations made under subparagraph (iv) of that para­ graph may require types or categories of gas measurement sys­ tems 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 regula­ tion made under this section shall be invalid because it leaves any matter to the discretion of the Secretary or any other per­ son, or because it authorises the Secretary or any other per­ son— (a) To give any consent or approval on or subject to condi­ tions to be imposed or approved by the Secretary or any other person; or 94 Reprinted as at 14 October 2008 Gas Act 1992 Part 5 s 54A (b) To set any standard.
(6) (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.
The Minister, before recommending the making of any regula­ tions 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 submis­ sions 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 Build­ ing 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 stan­ dard”.
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), sub­ paragraph (ia).

Subsections (2A) and (2B) were inserted, after subsection (2), as from 27 Sep­ tember 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 (1) management systems Regulations made under section 54(1)(bb) must provide for requirements relating to— (a) the systematic identiﬁcation of— 95 Part 5 s 54A Gas Act 1992 Reprinted as at 14 October 2008 (i) (ii) existing hazards; and new hazards (if possible before, and otherwise as, they arise); and (b) (c) (d) the taking of all practicable steps to eliminate, isolate, or minimise those hazards; and the regular assessment of each hazard identiﬁed; and the documentation of the safety management system; and the audit of the safety management system.
(e) Regulations made under section 54(1)(bb) for the purposes of subsection (1)(b) may include, for example, requirements re­ lating to— (a) the design, construction, operation, maintenance, and inspection of the gas supply system; and security and the control of access to the gas supply sys­ tem; and the skills, knowledge, and experience of persons who do, or assist in doing, work on or in connection with the gas supply system; and the implementation and management of contingency plans for emergency situations that may affect, or be affected by, the gas supply system; and processes for the ongoing improvement of safety in con­ nection with the gas supply system; and the investigation of accidents that involve or affect the gas supply system.
(b) (c) (d) (e) (f) Regulations made under section 54(1)(bb) for the purposes of subsection (1)(e) may include, for example, requirements re­ lating to— who may conduct audits; and (a) how often audits must be conducted; and (b) (c) the outcomes and objectives of audits.

Subsections (2) and (3) do not limit subsection (1).
In this section, hazard— (a) means an activity, arrangement, circumstance, event, occurrence, phenomenon, process, situation, or sub­ stance (whether arising or caused within or outside the gas supply system) that presents or may present a signiﬁcant risk of— (2) (3) (4) (5) 96 Reprinted as at 14 October 2008 Gas Act 1992 Part 5 s 55 (i) (ii) serious harm to any member of the public; or signiﬁcant damage to property owned by a per­ son other than the person that owns or operates the gas supply system; and includes— (i) a situation where a person’s behaviour may pre­ sent a signiﬁcant risk of the matters referred to in paragraph (a)(i) or (ii); and (b) (ii) without limitation, a situation described in sub­ paragraph (i) resulting from physical or mental fatigue, drugs, alcohol, traumatic shock, or an­ other 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).

54B Miscellaneous provisions relating to regulations that (1) prescribe requirements for safety management systems To avoid doubt, a person required by a safety management system to take all practicable steps is required to take those steps only in respect of circumstances that the person knows or ought reasonably to know about.
(2) Different requirements may be prescribed under section 54(1)(bb) in respect of different classes of persons.

Sections 54A and 54B were inserted, as from 5 December 2006, by section 14 Gas Amendment Act 2006 (2006 No 71).
55 (1) Regulations—information disclosure Regulations relating to information disclosure The Governor­General may from time to time, by Order in Council, make regulations for all or any of the following pur­ poses: (a) Requiring every gas wholesaler to publish in the pre­ scribed manner information in relation to the supply of gas by that gas wholesaler (including gas supplied di­ rect to a consumer); and prescribing the information, including (without limitation) prices, terms, and condi­ tions, that the gas wholesaler shall make available: 97 Part 5 s 55 Gas Act 1992 Reprinted as at 14 October 2008 (b) (c) (d) (e) (f) (g) Requiring gas wholesalers, pipeline owners, and gas retailers to make publicly available prescribed ﬁnan­ cial statements that follow generally accepted account­ ing principles, including (without limitation) proﬁt and loss statements and balance sheets and statements of ac­ counting principles: Requiring every pipeline owner to publish in the prescribed manner information in relation to the con­ veyance of gas by means of pipelines owned by that pipeline owner; and prescribing the information that the pipeline owner shall make available, which infor­ mation may include (without limitation)— Prices, terms, and conditions: (i) (ii) Pricing policies and methodologies: (iii) Costs: (iv) Cost allocation policies and methodologies: (v) Performance measures, or information from which performance measures may be derived, or both: (vi) The amount of gas conveyed: (vii) The capacity of the pipeline owner’s pipelines, and the methodology used to measure that cap­ acity: Requiring every gas retailer to publish in the prescribed manner information in relation to gas and prescribed related services supplied by the gas retailer; and pre­ scribing the information, including (without limitation) the prices, terms, and conditions, that every gas retailer shall make available: Prescribing the form and manner in which the ﬁnancial statements required by regulations made under para­ graph (b) of this subsection
 shall be made available: Prescribing the form of statutory declaration and by whom it shall be made for the purposes of section 56 of this Act: requiring, in respect of statements or information re­ quired from pipeline owners,— (i) the adoption, in the preparation or compilation of those statements or that information, of such 98 Reprinted as at 14 October 2008 Gas Act 1992 Part 5 s 55 methodology as is prescribed in the regulations or in any document published by or under the authority of the Secretary and referred to in the regulations: the disclosure, in the prescribed manner, of the methodology adopted in the preparation or com­ pilation of those statements or that information: the inclusion of any matters prescribed in any document published by or under the authority of the Secretary and referred to in the regulations: (ii) (iii) (h) Requiring that any statements or information required, by regulations made pursuant to this section, to be made available, or information from which those statements or that information is derived (in whole or in part), be certiﬁed, in the prescribed form and manner, by persons belonging to any class of persons speciﬁed in that behalf in the regulations: (ha) Requiring, in respect of any person that is required to publish information or to make publicly available pre­ scribed ﬁnancial statements, that that person include with or in that information, or with or in those pre­ scribed ﬁnancial statements, information or statements in respect of prescribed business relationships involving that person and involving the supply of gas or the pro­ vision of prescribed related services; and, for this pur­ pose, prescribed business relationships involving activ­ ities conducted by, or occurring within, one person only are included Prescribing the time limits within which the information disclosure required by any regulations made pursuant to this subsection shall be made to the public: Requiring gas distributors and gas retailers, in
 charging for the conveyance of gas, or the supply of gas, or both, to disclose, in the prescribed manner, charges, or com­ ponents of charges, or both: Exempting or providing for the exemption of any per­ son or class of persons from all or any of the require­ ments of any regulations made under this subsection.
(k) (j) (i) 99 Part 5 s 56 Gas Act 1992 Reprinted as at 14 October 2008 (2) The regulations may not require the disclosure of the names of the parties to, or the terms and conditions of, contracts made before 1 August 1990 but, if the contract is modiﬁed after that date, the regulations may require the disclosure of informa­ tion as to the modiﬁcation, the term or condition that has been modiﬁed (including its context), and the names (or character­ istics) of the parties.
(3) Notwithstanding section 1(3) of this Act, and without limiting section 12 of the Acts Interpretation Act 1924, no regulations made under this section may be expressed to come into force before the 1st day of April 1993.

References in this section to pipeline owners, gas wholesalers, gas retailers, and gas distributors include any person that is or was such a person for any part of a ﬁnancial year.
Compare: 1987 No 116 s 5C; 1990 No 21 s 3 (4) Subsection (1)(b) was substituted, as from 28 September 1993, by section 3 Gas Amendment Act 1993 (1993 No 144).

Subsection (1)(c) was amended, as from 27 September 2001, by section 5 Gas Amendment Act 2001 (2001 No 67) by substituting the words “which informa­ tion may include” for the words “which information shall include”.
Subsection (1)(d) was amended, as from 28 September 1993, by section 3 Gas Amendment Act 1993 (1993 No 144), by inserting the word “prescribed”.

Subsection (1)(g) was substituted, as from 27 September 2001, by section 5 Gas Amendment Act 2001 (2001 No 67).

Subsection (1)(ha) was inserted, as from 28 September 1993, by section 3 Gas Amendment Act 1993 (1993 No 144).
Subsection (1)(ha) was amended, as from 15 November 2000, by section 3 Gas Amendment Act 2000 (2000 No 69) by adding the words “; and, for this pur­ pose, prescribed business relationships involving activities conducted by, or oc­ curring within, one person only are included”.

Subsection (2) was substituted, as from 27 September 2001, by section 5 Gas Amendment Act 2001 (2001 No 67).

Subsection (4) was inserted, as from 27 September 2001, by section 5 Gas Amendment Act 2001 (2001 No 67).
Information to be supplied to Secretary Every person who is required by regulations made under sec­ tion 55 of this Act to make available statements and informa­ tion shall supply to the Secretary— (a) A copy of all statements and information, made avail­ able to the public pursuant to regulations made under 56 (1) 100 Reprinted as at 14 October 2008 Gas Act 1992 Part 5 s 57 that section, which statements and information must be supplied within 5 working days after the statements and information are ﬁrst made so available: (b) Any further statements, reports, agreements, particu­ lars, and other information requested in writing by the Secretary for the purpose of monitoring the person’s compliance with those regulations.
(2) Every person to whom a request is made pursuant to sub­ section (1)(b) of this section shall comply with that request within 30 days after receiving the request or within such fur­ ther period as the Secretary in any particular case may allow.
(3) All statements, reports, agreements, particulars, and informa­ tion supplied to the Secretary under paragraph (a) or paragraph (b) of subsection (1) of this section shall be veriﬁed by statu­ tory declaration in the form and by the persons prescribed by regulations made under section 55(1)(f) of this Act.
Compare: 1987 No 116 s 5D; 1990 No 21 s 3 Subsection (1)(a) was amended, as from 28 July 1997, by section 3 Gas Amend­ ment Act 1997 (1997 No 46) by inserting the words “, which statements and information must be supplied within 5 working days after the statements and information are ﬁrst made so available”.
56A Reasonable charge may be imposed for providing copies of statements (1) Any person who is required by regulations made under section 55 to provide copies of statements and information, on request, to the public, may charge for providing those copies.

(2) Any charge imposed under subsection (1) for copies of state­ ments and information may be no more than is reasonably re­ quired to recover the costs of providing those copies.
Section 56A was inserted, as from 28 July 1997, by section 4 Gas Amendment Act 1997 (1997 No 46).
Miscellaneous provisions 56B Offences for actions or omissions likely to cause serious harm or signiﬁcant property damage 57 (1) Offences Every person commits an offence against this section who— 101 Part 5 s 57A Gas Act 1992 Reprinted as at 14 October 2008 (a) (b) Fails, without reasonable excuse, to comply with any information disclosure requirements prescribed in regu­ lations made under section 55 of this Act; or Fails, without reasonable excuse, to comply with the requirements of section 56(1)(a) or section 56(1)(b) or section 56(2) or section 56(3) of this Act.
Every person commits an offence against this section who makes a false declaration when supplying any statement, re­ port, agreement, particulars, or information pursuant to sec­ tion 56 of this Act.

Every person who commits an offence against subsection (1) of this section is liable on summary conviction to a ﬁne not exceeding $200,000 and, if the offence is a continuing one, to a further ﬁne not exceeding $10,000 for every day or part of a day during which the offence is continued.
Every person who commits an offence against subsection (2) of this section is liable on summary conviction to a ﬁne not exceeding $20,000.
Compare: 1987 No 116 s 5E; 1990 No 21 s 3 (2) (3) (4) 57A Time for laying information 57B Infringement offences 57C Infringement notices 57D Procedural requirements for infringement notices 57E Payment of infringement fee 57F Effect of infringement notice Repeals, revocations, and consequential amendments The enactments speciﬁed in Schedule 1 to this Act are hereby repealed.

The enactments speciﬁed in Schedule 2 to this Act are hereby amended in the manner indicated in that Schedule.
58 (1) (2) 102 Reprinted as at 14 October 2008 Gas Act 1992 Schedule 1 (3) (4) 59 60 The regulations speciﬁed in Schedule 3 to this Act are hereby revoked.

The Gas Meter Testing Fees Determination 1982 (SR 1982/130) is hereby revoked.

Savings The repeal, by section 58(1) of this Act, of the Gas Act 1982 does not affect— (a) The validity of anything validated by section 69 of that Act; and The amendments made by section 71 of that Act.
(b) Amendment to Gas Act 1982 Power to execute works on private land Section 57(1) of the Gas Act 1982 is hereby amended by omit­ ting the words “(not being a territorial authority, or a regional council or united council within the meaning of the Local Gov­ ernment Act 1974)”.

Schedule 1 Enactments repealed Section 58(1) Auckland provincial Act • 1863, Sess 15, No 25 — The Gas Company Lease Act 1863.

Other Acts • • 1870, No 2 (Private)—The Christchurch Gas Act 1870.
1870, No 3 (Private)—The Wellington Gas Company’s Act 1870.

1871, No 1 (Private)—The Auckland Gas Company Act 1871.

1871, No 2 (Private)—The Nelson City Gas Act 1871.

1873, No 3 (Private)—The Thames Gas Company’s Act 1873.

1875, No 3 (Private)—The Napier Gas Company’s Act 1875.

1876, No 1 (Private)—The Timaru Gas Act 1876.

1877, No 46 (Local)—The Hokitika Gas Company Act 1877.
• • • • • • 103 Schedule 2 Gas Act 1992 Reprinted as at 14 October 2008 • • • • • • • • • • • • • • • • • 1879, No 1 (Private)—The New Plymouth Gas Company Act 1879.

1884, No 3 (Private)—The Gisborne Gas Company Act 1884.

1895, No 1 (Private)—The Hamilton Gasworks Act 1895.

1899, No 28 (Local)—The Melrose Borough Gas Act 1899.

1900, No 1 (Private)—The Pahiatua Gasworks Act 1900.

1900, No 2 (Private)—The Paeroa Gasworks Act 1900.


1907, No 2 (Private)—The Dunedin Suburban Gas Company Empowering Act 1907.

1916, No 7 (Local)—The Gisborne Borough Gas Act 1916.

1928, No 7 (Local)—The Johnsonville and Makara Gas Sup­ ply Act 1928.

1936, No 6 (Private)—The Napier Gas Company Amendment and Enlargement Act 1936.

1958, No 3 (Private)—The Hastings Gas Company Act 1958.

1963, No 2 (Private)—The Auckland Gas Company Amend­ ment Act 1963.
1968, No 8 (Private)—The Auckland Gas Company Amend­ ment Act 1968.

1969, No 3 (Private)—The Auckland Gas Company Amend­ ment Act 1969.

1971, No 1 (Private)—The Christchurch Gas Amendment Act 1971.

1982, No 27—The Gas Act 1982.

1987, No 31—The Gas Amendment Act 1987.


Schedule 2 Enactments amended Section 58(2) Enactment amended Amendment 1986, No 127—The Environment Act 1986 By inserting in the Schedule, in its appropriate alphabetical order, the item “The Gas Act 1992.” 104 Reprinted as at 14 October 2008 Gas Act 1992 Schedule 2 Enactment amended Amendment 1989, No 44—The Public Finance Act 1989 1989, No 140—The Ministry of Energy (Abolition) Act 1989 By repealing so much of Schedule 1 as relates to the Gas Act 1982.
By repealing section 23, and substituting the following section: “23 Gas levies “(1) In this section, unless the context otherwise requires, expressions de­ ﬁned in the Gas Act 1992 shall have the meanings so deﬁned.

“(2) Nothing in this section shall apply to gas sold for use as a feedstock or for the generation of electricity or to liqueﬁed petroleum gas.
“(3) Not later than 30 days after the last days of March, June, September, and December in each year— “(a) Every person or body who or which sells piped gas to a gas retailer (whether or not that gas retailer is also a gas whole­ saler); and “(b) Every gas retailer who sells piped gas which is not subject to a levy pursuant to paragraph (a) of this subsection— shall supply the Secretary with true and accurate returns of the energy content of all such gas that has been so sold during the immediately pre­ ceding period of 3 months ended with the said last days of March, June, September, and December, respect­ ively, together with the levy calcu­ lated in accordance with this section.
105 Schedule 2 Gas Act 1992 Reprinted as at 14 October 2008 Enactment amended Amendment “(4) Notwithstanding anything in subsec­ tion (3) of this section, any person or body who or which has sold, dur­ ing any period referred to in that sub­ section in respect of which a levy would, apart from this subsection, be payable under this section by that person or body, less than 10,000 gi­ gajoules of gas need not supply a re­ turn, nor pay any levy, in respect of that period.
“(5) The levy payable on all pipe gas that has been so sold during the said periods of 3 months shall be 2 cents for each complete gigajoule or such lesser amount for each complete gi­ gajoule as may be prescribed.

“(6) All gas measurements made for the purpose of supplying a return and calculating the levy payable under this section shall be made by the use of methods approved by the Secre­ tary.
“Compare: 1977 No 33 s 15K; 1987 No 97 s 3(1); 1988 No 134 s 3 By repealing so much of Schedule 1 as re­ lates to the Gas Act 1982.

By repealing so much of the Schedule as relates to the Gas Act 1982.

1991, No 60—The Judicature Amendment Act 1991 106 Reprinted as at 14 October 2008 Gas Act 1992 Schedule 3 Enactment amended Amendment 1991, No 69—The Resource Management Act 1991 1992, No 56—The Energy Companies Act 1992 By repealing so much of Part 1 of Schedule 8 as relates to the Gas Act 1982.
By omitting from the deﬁnition of the term gas in section 2(1) the expression “section 2 of the Gas Act 1982”, and substituting the expression “section 2 of the Gas Act 1982”.
Schedule 3 Regulations revoked Section 58(3) Title Statutory Regulations Serial Number The Gas Industry Regulations 1984 1984/246 The Gas Industry Regulations 1984, Amendment No 2 1987/347 107 Notes Gas Act 1992 Reprinted as at 14 October 2008 Contents 1 2 3 General About this eprint List of amendments incorporated in this eprint (most recent ﬁrst) General This is an eprint of the Gas Act 1992.

It incorporates all the amendments to the Act as at 14 October 2008.
The list of amendments at the end of these notes speciﬁes all the amendments incorporated into this eprint since 3 September 2007.

Relevant provisions of any amending enactments that contain transitional, savings, or application provisions are also included, after the Principal enactment, in chronological order.

About this eprint This eprint has not been ofﬁcialised.
For more information about ofﬁcialisation, please see “Making online legislation ofﬁcial” under “Status of legislation on this site” in the About section of this website.

List of amendments incorporated in this eprint (most recent ﬁrst) Commerce Amendment Act 2008 (2008 No 70): section 31(2) Land Transport Management Amendment Act 2008 (2008 No 47): section 50(1) Gas Amendment Act 2007 (2007 No 60) Notes 1 2 3 108