Electricity Act 1992

1: Short Title and commencement
1: This Act may be cited as the Electricity Act 1992.
2: Except as provided in subsection (3) and in sections 54(2) 56(2)
3: Part 1 Part 4 section 43 sections 63 64 Part 13 sections 169 170 178 179 Schedule 2
1A: Purposes
The purposes of this Act are—
a: to provide for the regulation, supply, and use of electricity in New Zealand; and
b:
c: to protect the health and safety of members of the public in connection with the supply and use of electricity in New Zealand; and
d: to promote the prevention of damage to property in connection with the supply and use of electricity in New Zealand; and
da: to provide for the regulation of fittings and electrical appliances that are, or may be, exported pursuant to an international trade instrument; and
e: to provide for the regulation of electrical workers. Section 1A inserted 1 April 2010 section 5 Electricity Amendment Act 2006 Section 1A(b) repealed 1 November 2010 section 161 Electricity Industry Act 2010
1: Preliminary provisions
2: Interpretation
1: In this Act, unless the context otherwise requires,— applicable minimum standards for registration
a: apply in relation to the relevant class of registration; and
b: are prescribed under Part 10 approved associated equipment Board section 148 condition connectable installation section 169 construct construction consumer
a: means any person who is supplied, or who applies to be supplied, with electricity; but
b: does not include any electricity generator the electricity generator corporation section 2 section 45P document section 2(1) dwellinghouse electrical appliance electrical code of practice code section 36 electrical installation
a: means—
i: in relation to a property with a point of supply, all fittings beyond the point of supply that form part of a system that is used to convey electricity to a point of consumption, or used to generate or store electricity; and
ii: in relation to a property without a point of supply, all fittings that form part of a system that is used to convey electricity to a point of consumption, or used to generate or store electricity; but
b: does not include any of the following:
i: an electrical appliance:
ii: any fittings that are owned or operated by an electricity generator and that are used, designed, or intended for use in or in association with the generation of electricity, or used to convey electricity from a source of generation to distribution or transmission lines:
iii: any fittings that are used, designed, or intended for use in or in association with the conversion, transformation, or conveyance of electricity by distribution or transmission lines electrical wiring work
a: the installation or maintenance of electrical wiring:
b: the connection or disconnection of fittings to or from electrical wiring electricity distributor electricity generator electricity operator
a: any body or person that, immediately before 1 April 1993, was the holder of a licence issued under section 20 of the Electricity Act 1968
b: any person declared section 4 section 4A electricity retailer employer licence section 115 existing works
a: in relation to works owned by the Corporation, means any works constructed before 1 January 1988; and includes any works that were wholly or partly in existence, or work on the construction of which commenced, before 1 January 1988:
b: in relation to works owned by any other person, means any works constructed before 1 January 1993; and includes any works that were wholly or partly in existence, or work on the construction of which commenced, before 1 January 1993 fittings infringement fee section 169 infringement notice section 165B infringement offence
a: an offence against section 20(d) 162 163
b: a breach of any regulation made under this Act that is prescribed as an infringement offence investigator Part 11 level crossing section 4(1) line function services
a: the provision and maintenance of works for the conveyance of electricity:
b: the operation of such works, including the control of voltage and assumption of responsibility for losses of electricity line owner lines local authority Local Government Act 2002 maintain maintenance Minister Ministry official standard
a: a New Zealand Standard within the meaning of the Standards and Accreditation Act 2015
b: a standard specification prescribed by any standards organisation within the meaning of that Act place
a: the whole or any part of any land, house, shop, factory, premises, or building:
b: any vessel within any harbour or inland waters:
c: any aircraft, hovercraft, or vehicle pleasure vessel section 2(1) of the Shipping and Seamen Act 1952 Plumbers, Gasfitters, and Drainlayers Board section 5 point of supply subsection (3) power supply practising licence subpart 1 prescribed electrical work section 169
a: the design or
b: the maintenance of electrical appliances:
c: the connection or disconnection of works, electrical installations, and electrical appliances to or from a power supply, other than by means of—
i: a plug; or
ii: an appliance inlet; or
iii: a pin— that is inserted into a socket outlet:
d: the design or
e: the testing or certification or inspection or supervision of the work described in paragraphs (a) to (d) price provisional licence section 93 reasonably practicable
a: the likelihood of the hazard or the risk concerned occurring; and
b: the degree of harm or damage that might result from the hazard or risk; and
c: what the person concerned knows, or ought reasonably to know, about—
i: the hazard or risk; and
ii: ways of eliminating or minimising the risk; and
d: the availability and suitability of ways to eliminate or minimise the risk; and
e: after assessing the extent of the risk and the available ways of eliminating or minimising the risk, the cost associated with available ways of eliminating or minimising the risk, including whether the cost is grossly disproportionate to the risk register Part 10 registered person
a: is registered under subpart 1
b: is deemed to be registered under that subpart Registrar section 151 relocatable building road section 315 and also includes a public footpath; State highway within the meaning of section 2(1) Government Roading Powers Act 1989
a: a private road within the meaning of section 315
b: a motorway within the meaning of the Government Roading Powers Act 1989
c: any roadway laid out by order of the Maori Land Court under sections 315 to 327 section 320
d: any level crossing roading structure Secretary serious harm
a: death; or
b: injury that consists of or includes loss of consciousness; or
c: a notifiable injury or illness as defined in section 23 supervision or, in the case of section 76
a: that the work is performed competently; and
b: that while the work is being undertaken, appropriate safety measures are adopted; and
c: that the completed work complies with the requirements of any regulations made under section 169 telecommunications line line within the meaning of the Telecommunications Act 2001 vehicle section 2(1) the Land Transport Act 1998 worker working day
a: a Saturday, a Sunday, Waitangi Day, Good Friday, Easter Monday, Anzac Day, the Sovereign’s birthday, Te Rā Aro ki a Matariki/Matariki Observance Day, and Labour Day; and
ab: if Waitangi Day or Anzac Day falls on a Saturday or a Sunday, the following Monday; and
b: a day in the period commencing with 25 December in any year and ending with 15 January in the following year works
a: means any fittings that are used, or designed or intended for use, in or in connection with the generation, conversion, transformation, or conveyance of electricity; but
b: does not include any part of an electrical installation WorkSafe section 5
2:
3: In this Act, point of supply
a: if there are both high voltage lines and a transformer owned by the electricity distributor on the property, the point of supply is the point at which electricity from the transformer enters exclusive fittings; or
b: if there are non-exclusive fittings on the property, the point of supply is the point at which those fittings become exclusive fittings; or
c: if the exclusive fittings on the property are owned by a consumer that is a tenant or licensee of the owner or occupier of the property, the point of supply is the point at which those exclusive fittings enter the area leased or licensed by the consumer; or
d: if there is specific agreement that any other point on the property is the point of supply, the point of supply is the agreed point;— and, in this definition,— exclusive fittings high voltage lines property
a: means the land within the boundary where the electricity is consumed:
b: includes the whole of the property, if the property is occupied wholly or partially by tenants or licensees of the owner or occupier:
c: includes the whole of any property that has been subdivided under the Unit Titles Act 2010 specific agreement
a: entered into by—
i: the existing consumer; or
ii: any person with a greater interest in the property than the consumer (such as the consumer's landlord); or
iii: any body corporate under the Unit Titles Act 2010 registered owner
b: entered into by the electricity distributor or the electricity retailer; and
c: entered into before or after the date on which this provision comes into force.
4: The new definition of point of supply in subsection (3)—
a: applies on and after the date on which the Electricity Amendment Act 2001
i: an agreement exists between the electricity distributor and the consumer that the point of supply is already located at the point provided for in the new definition; and
ii: the consumer has not challenged the existence of that agreement before that date; and
b: is, in other cases, subject to the transitional provision in subsection (5).
5: The new definition of point of supply in subsection (3) does not apply in any other particular case until the electricity distributor has—
a: brought the fittings for which the consumer will become responsible as a result of the new definition to a reasonable standard of maintenance or repair, if those fittings are not at a reasonable standard at the time when this provision comes into force; and
b: notified the consumer in writing—
i: that the point of supply is as defined in accordance with the new definition; and
ii: the location of that point of supply; and
iii: the effect of the change to the point of supply; and
iv: that the point of supply may not take effect under this Act unless any fittings for which the consumer will become responsible have been brought to a reasonable standard of maintenance and repair; and
v: the date on which the point of supply will change (which must be no less than 20 working days after the date of the notification). Section 2(1) all practicable steps repealed 4 April 2016 section 232 Health and Safety at Work Act 2015 Section 2(1) applicable minimum standards for registration inserted 1 April 2010 section 6(5) Electricity Amendment Act 2006 Section 2(1) Commission repealed 1 November 2010 section 164(1) Electricity Industry Act 2010 Section 2(1) Commission's board board repealed 1 November 2010 section 164(1) Electricity Industry Act 2010 Section 2(1) Committee repealed 1 April 2010 section 6(4) Electricity Amendment Act 2006 Section 2(1) community trust repealed 1 November 2010 section 164(1) Electricity Industry Act 2010 Section 2(1) condition inserted 1 April 2010 section 6(5) Electricity Amendment Act 2006 Section 2(1) consumer amended 14 October 2008 section 29(2)﻿(a) Commerce Amendment Act 2008 Section 2(1) consumer amended 14 October 2008 section 29(2)﻿(b) Commerce Amendment Act 2008 Section 2(1) corporation replaced 30 June 2012 section 11 Public Finance (Mixed Ownership Model) Amendment Act 2012 Section 2(1) Council repealed 1 November 2010 section 164(1) Electricity Industry Act 2010 Section 2(1) customer trust repealed 1 November 2010 section 164(1) Electricity Industry Act 2010 Section 2(1) domestic consumer repealed 1 November 2010 section 164(1) Electricity Industry Act 2010 Section 2(1) domestic premises repealed 1 November 2010 section 164(1) Electricity Industry Act 2010 Section 2(1) EGB repealed 18 October 2004 section 4(1) Electricity Amendment Act 2004 Section 2(1) EGB's board board repealed 18 October 2004 section 4(1) Electricity Amendment Act 2004 Section 2(1) electrical installation substituted 1 November 2010 section 162(1) Electricity Industry Act 2010 Section 2(1) electricity generator inserted 8 August 2001 section 7(2) Electricity Amendment Act 2001 Section 2(1) electricity governance organisation repealed 18 October 2004 section 4(1) Electricity Amendment Act 2004 Section 2(1) electricity governance regulations repealed 1 November 2010 section 164(1) Electricity Industry Act 2010 Section 2(1) electricity operator substituted 14 May 1999 section 100 Electricity Industry Reform Act 1998 Section 2(1) electricity operator amended 22 October 2003 section 3 Electricity Amendment Act 2003 Section 2(1) employer licence substituted 1 April 2010 section 6(5) Electricity Amendment Act 2006 Section 2(1) fire brigade repealed 1 July 2017 section 197 Fire and Emergency New Zealand Act 2017 Section 2(1) GPS objectives and outcomes repealed 1 November 2010 section 164(1) Electricity Industry Act 2010 Section 2(1) industry participant repealed 1 November 2010 section 164(1) Electricity Industry Act 2010 Section 2(1) infringement fee inserted 1 April 2010 section 6(5) Electricity Amendment Act 2006 Section 2(1) infringement notice inserted 1 April 2010 section 6(5) Electricity Amendment Act 2006 Section 2(1) infringement offence inserted 1 April 2010 section 6(5) Electricity Amendment Act 2006 Section 2(1) investigator inserted 1 April 2010 section 6(5) Electricity Amendment Act 2006 Section 2(1) level crossing substituted 20 July 2005 section 103(3) Railways Act 2005 Section 2(1) lines inserted 18 October 2004 section 4(2) Electricity Amendment Act 2004 Section 2(1) local authority substituted 1 July 2003 section 262 Local Government Act 2002 Section 2(1) Minister replaced 4 April 2016 section 232 Health and Safety at Work Act 2015 Section 2(1) Ministry replaced 16 December 2013 section 22 WorkSafe New Zealand Act 2013 Section 2(1) national grid repealed 1 November 2010 section 164(1) Electricity Industry Act 2010 Section 2(1) official standard amended 1 March 2016 section 45(1) Standards and Accreditation Act 2015 Section 2(1) performance standards repealed 1 November 2010 section 164(1) Electricity Industry Act 2010 Section 2(1) place inserted 1 April 2010 section 6(5) Electricity Amendment Act 2006 Section 2(1) Plumbers, Gasfitters, and Drainlayers Board inserted 1 April 2010 section 6(5) Electricity Amendment Act 2006 Section 2(1) point of supply substituted 8 August 2001 section 7(1) Electricity Amendment Act 2001 Section 2(1) practising licence inserted 1 April 2010 section 6(5) Electricity Amendment Act 2006 Section 2(1) prescribed electrical work amended 1 April 2010 section 6(6) Electricity Amendment Act 2006 Section 2(1) prescribed electrical work amended 1 April 2010 section 6(6) Electricity Amendment Act 2006 Section 2(1) prescribed electrical work added 1 April 2010 section 6(7) Electricity Amendment Act 2006 Section 2(1) provisional licence substituted 1 April 2010 section 6(5) Electricity Amendment Act 2006 Section 2(1) publicise repealed 1 November 2010 section 164(1) Electricity Industry Act 2010 Section 2(1) qualified engineer repealed 1 April 2010 section 6(4) Electricity Amendment Act 2006 Section 2(1) qualifying experience repealed 1 April 2010 section 6(4) Electricity Amendment Act 2006 Section 2(1) reasonably practicable inserted 4 April 2016 section 232 Health and Safety at Work Act 2015 Section 2(1) recognised certificate repealed 1 April 2010 section 6(4) Electricity Amendment Act 2006 Section 2(1) register substituted 1 April 2010 section 6(5) Electricity Amendment Act 2006 Section 2(1) registered repealed 1 April 2010 section 6(4) Electricity Amendment Act 2006 Section 2(1) registered person substituted 1 April 2010 section 6(5) Electricity Amendment Act 2006 Section 2(1) report date repealed 1 November 2010 section 164(1) Electricity Industry Act 2010 Section 2(1) reporting period repealed 1 November 2010 section 164(1) Electricity Industry Act 2010 Section 2(1) reserve energy repealed 1 November 2010 section 164(1) Electricity Industry Act 2010 Section 2(1) road amended 1 August 2008 section 50(1) Land Transport Management Amendment Act 2008 Section 2(1) road amended 28 July 1997 section 2(2) Electricity Amendment Act 1997 Section 2(1) road paragraph (a) substituted 28 July 1997 section 2(3) Electricity Amendment Act 1997 Section 2(1) road paragraph (b) amended 1 August 2008 section 50(1) Land Transport Management Amendment Act 2008 Section 2(1) road paragraph (c) amended 1 July 1993 section 362(2) Te Ture Whenua Maori Act 1993 Section 2(1) rules electricity governance rules repealed 1 November 2010 section 164(1) Electricity Industry Act 2010 Section 2(1) Rulings Panel repealed 1 November 2010 section 164(1) Electricity Industry Act 2010 Section 2(1) Secretary replaced 16 December 2013 section 22 WorkSafe New Zealand Act 2013 Section 2(1) serious harm inserted 5 December 2006 section 6(1) Electricity Amendment Act 2006 Section 2(1) serious harm replaced 4 April 2016 section 232 Health and Safety at Work Act 2015 Section 2(1) subsidiary repealed 28 September 1993 Electricity Amendment Act 1993 Section 2(1) supervision amended 1 April 2010 section 6(8) Electricity Amendment Act 2006 Section 2(1) supervisor of electrical work repealed 1 April 2010 section 6(4) Electricity Amendment Act 2006 Section 2(1) telecommunications line amended 20 December 2001 section 158 Telecommunications Act 2001 Section 2(1) tradesperson repealed 1 April 2010 section 6(4) Electricity Amendment Act 2006 Section 2(1) trainee repealed 1 April 2010 section 6(4) Electricity Amendment Act 2006 Section 2(1) Transpower repealed 1 November 2010 section 164(1) Electricity Industry Act 2010 Section 2(1) vehicle amended 1 March 1999 section 215(1) Land Transport Act 1998 Section 2(1) working day replaced 12 April 2022 wehenga 7 Te Ture mō te Hararei Tūmatanui o te Kāhui o Matariki 2022 section 7 Te Kāhui o Matariki Public Holiday Act 2022 Section 2(1) working day inserted 1 January 2014 section 8 Holidays (Full Recognition of Waitangi Day and ANZAC Day) Amendment Act 2013 Section 2(1) works substituted 1 November 2010 section 162(2) Electricity Industry Act 2010 Section 2(1) WorkSafe inserted 16 December 2013 section 22 WorkSafe New Zealand Act 2013 Section 2(2) repealed 1 April 2010 section 6(9) Electricity Amendment Act 2006 Section 2(3) substituted 8 August 2001 section 7(3) Electricity Amendment Act 2001 Section 2(3) property amended 20 June 2011 section 233(1) Unit Titles Act 2010 Section 2(3) specific agreement amended 12 November 2018 section 250 Land Transfer Act 2017 Section 2(3) specific agreement amended 20 June 2011 section 233(1) Unit Titles Act 2010 Section 2(4) added 8 August 2001 section 7(3) Electricity Amendment Act 2001 Section 2(5) added 8 August 2001 section 7(3) Electricity Amendment Act 2001
3: Act to bind the Crown
This Act binds the Crown.
2: General
Electricity operators
4: Declaration of electricity distributors as electricity operators
1: The Minister may, by notice in the Gazette
2: The Minister must, as soon as reasonably practicable, by notice in the Gazette Section 4 substituted 8 August 2001 section 8 Electricity Amendment Act 2001
4A: Declaration of electricity generators as electricity operators
1: The Minister may, by notice in the Gazette
a: that the declaration is necessary to enable the person to commence or carry on an activity as an electricity generator; and
b: that the business interests in respect of which the declaration is made are confined to any or all of the works necessary to convey the electricity generated to an electricity installation owned by an electricity generator, electricity distributor, or a consumer.
2: The Minister must, as soon as is reasonably practicable, by notice in the Gazette
3: Section 4A substituted 8 August 2001 section 8 Electricity Amendment Act 2001 Section 4A substituted 14 October 2008 section 30(2) Electricity Industry Reform Amendment Act 2008 Section 4A(1) substituted 14 October 2008 section 30(3) Electricity Industry Reform Amendment Act 2008 Section 4A(2) substituted 14 October 2008 section 30(4) Electricity Industry Reform Amendment Act 2008 Section 4A(3) repealed 14 October 2008 section 30(4) Electricity Industry Reform Amendment Act 2008 Functions and powers of WorkSafe and Heading amended 16 December 2013 section 22 WorkSafe New Zealand Act 2013
5: Functions of WorkSafe
1: The functions of WorkSafe under this Act are—
a: to carry out such inquiries, tests, audits, or investigations as may be necessary to determine whether a person is complying with this Act:
b: to take all such lawful steps as may be necessary to ensure the safe supply and use of electricity:
c: to perform such other functions as are provided for under this Act.
2: This section is subject to section 5A Section 5 replaced 16 December 2013 section 22 WorkSafe New Zealand Act 2013
5A: Functions of Secretary
1: The Secretary—
a: must carry out the functions conferred on the Secretary under this Act or regulations made under this Act; and
b: may carry out a function conferred on WorkSafe under a specified provision of this Act or regulations made under this Act in relation to a specified matter.
2: The Prime Minister may, by notice in the Gazette
a: 1 or more matters in relation to which the Secretary may carry out functions conferred on WorkSafe under this Act; and
b: 1 or more provisions of this Act or regulations made under this Act that confer functions on WorkSafe and under which the Secretary may exercise functions in relation to the specified matter.
3: If the Secretary carries out a function in relation to a specified matter, every reference to WorkSafe in the relevant specified provision must be read as if it were a reference to the Secretary.
4: Without limiting subsection (3), the Secretary has the powers necessary to carry out the functions in a specified provision in relation to a specified matter in accordance with this Act.
5: WorkSafe and the Secretary must work co-operatively to ensure that their functions under this Act and any regulations made under this Act are carried out in an effective and efficient manner.
6: In this section,— specified matter Gazette specified provision Gazette Section 5A inserted 16 December 2013 section 22 WorkSafe New Zealand Act 2013
5B: WorkSafe and Secretary must share information
1: WorkSafe must provide information to the Secretary if the information is necessary or desirable for the Secretary to carry out his or her functions under this Act.
2: The Secretary must provide information to WorkSafe if the information is necessary or desirable for WorkSafe to carry out its functions under this Act. Section 5B inserted 16 December 2013 section 22 WorkSafe New Zealand Act 2013
6: Inspection of works, etc
1: For the purposes of performing any of WorkSafe's WorkSafe
2: For the purposes of carrying out an inspection under this section, WorkSafe
3: Before carrying out any inspection under this section, WorkSafe WorkSafe's
4: Where WorkSafe WorkSafe
a: inspect any fittings or associated equipment:
b: by notice in writing require any person whom WorkSafe WorkSafe
c: require any person who has control of the works, electrical installation, electrical appliance, or associated equipment to produce any document required by this Act or any regulations made under section 169 section 170
5: This section shall apply notwithstanding anything to the contrary in section 52 Government Roading Powers Act 1989 1982 No 27 s 8 Section 6(1) amended 16 December 2013 section 22 WorkSafe New Zealand Act 2013 Section 6(2) amended 16 December 2013 section 22 WorkSafe New Zealand Act 2013 Section 6(3) amended 16 December 2013 section 22 WorkSafe New Zealand Act 2013 Section 6(4) amended 16 December 2013 section 22 WorkSafe New Zealand Act 2013 Section 6(4)﻿(b) amended 16 December 2013 section 22 WorkSafe New Zealand Act 2013 Section 6(5) amended 1 August 2008 section 50(1) Land Transport Management Amendment Act 2008
7: Report to be compiled on inspection
Where any inspection is carried out under section 6
a: compile a written report of the results of the inspection; and
b: give a copy of the report to—
i: the person whom the person reasonably believed to be in charge of the place in which the inspection was carried out; and
ii: the owner or occupier of that place (where that person is not the person referred to in subparagraph (i)); and
iii: the person who has control of the works, electrical installation, electrical appliance, or associated equipment concerned (where that person is not the person referred to in subparagraph (i) or subparagraph (ii)). 1982 No 27 s 9
8: Special powers of
WorkSafe
1: WorkSafe
2: Where WorkSafe
a: that there is a danger or potential danger to the safety of any person or property arising directly or indirectly from any fittings or electrical appliance or electrical installation; or
b: that, because of anything done or omitted to be done, or intended to be done or not to be done, by any person, in relation to any fittings or electrical appliance or electrical installation, there would be a danger or potential danger of injury to any person or of damage to any property,— WorkSafe do or WorkSafe
2A: WorkSafe's
a: produce for inspection, within any reasonable period that WorkSafe WorkSafe WorkSafe
b: supply, within any reasonable period that WorkSafe WorkSafe WorkSafe
2B: Every person who is required to produce documents or supply information under this section has the same privileges in relation to the production of the documents or the supply of the information as witnesses have in any court.
3: This section shall apply notwithstanding anything to the contrary in section 52 Government Roading Powers Act 1989 1982 No 27 s 10 Section 8 heading amended 16 December 2013 section 22 WorkSafe New Zealand Act 2013 Section 8(1) amended 16 December 2013 section 22 WorkSafe New Zealand Act 2013 Section 8(2) amended 16 December 2013 section 22 WorkSafe New Zealand Act 2013 Section 8(2) amended 1 April 2010 section 8(1)﻿(a) Electricity Amendment Act 2006 Section 8(2) amended 1 April 2010 section 8(1)﻿(b) Electricity Amendment Act 2006 Section 8(2A) inserted 1 April 2010 section 8(2) Electricity Amendment Act 2006 Section 8(2A) amended 16 December 2013 section 22 WorkSafe New Zealand Act 2013 Section 8(2A)﻿(a) amended 16 December 2013 section 22 WorkSafe New Zealand Act 2013 Section 8(2A)﻿(b) amended 16 December 2013 section 22 WorkSafe New Zealand Act 2013 Section 8(2B) inserted 1 April 2010 section 8(2) Electricity Amendment Act 2006 Section 8(3) amended 1 August 2008 section 50(1) Land Transport Management Amendment Act 2008
9: Objections to
WorkSafe's
1: Every person who is affected by any notice given under section 6(4)﻿(b) section 8(1)
2: Every objection under subsection (1) shall be made by lodging a written notice of objection with the Registrar of the office of the District Court WorkSafe any other office of the District Court
3: Every notice of objection shall specify the grounds of the objection.
4: The objector shall cause a copy of the notice of objection to be served on WorkSafe
5: The Registrar of the court shall give notice of the time and place fixed for the hearing of the objection to the objector and WorkSafe 1982 No 27 s 11(2)–(4) Section 9 heading amended 16 December 2013 section 22 WorkSafe New Zealand Act 2013 Section 9(2) amended 1 March 2017 section 261 District Court Act 2016 Section 9(2) amended 16 December 2013 section 22 WorkSafe New Zealand Act 2013 Section 9(4) amended 16 December 2013 section 22 WorkSafe New Zealand Act 2013 Section 9(5) amended 16 December 2013 section 22 WorkSafe New Zealand Act 2013
10: Effect of notice or requirement pending hearing
Subject to section 13 section 9 the District Court section 11(2) 1982 No 27 s 11(7) Section 10 amended 1 March 2017 section 261 District Court Act 2016
11: Procedure on hearing of objection
1: On the hearing of an objection under section 9 WorkSafe
2: On hearing the objection, the court may by order confirm, reverse, or modify the notice or requirement.
3: Subject to section 12 1982 No 27 s 11(5), (6) Section 11(1) amended 16 December 2013 section 22 WorkSafe New Zealand Act 2013
12: Appeal on question of law
1: Where any party to an objection under section 9 the District Court
2: Subject to subsection (3), every appeal under this section shall be heard and determined in accordance with rules of court.
3: Subpart 8 Criminal Procedure Act 2011
4: Subject to section 13 or abandoned Section 12(1) amended 1 March 2017 section 261 District Court Act 2016 Section 12(1) amended 1 July 2013 section 413 Criminal Procedure Act 2011 Section 12(3) replaced 1 July 2013 section 413 Criminal Procedure Act 2011 Section 12(4) amended 1 July 2013 section 413 Criminal Procedure Act 2011
13: WorkSafe
1: Notwithstanding sections 10 12(4) section 9 WorkSafe WorkSafe
2: Every person commits an offence who fails to comply immediately with any notice or requirement to which subsection (1) applies, and every such person shall be liable on
3: Without limiting the liability of any person to be convicted of an offence against subsection (2), both the High Court and the District Court WorkSafe
4: No person shall be precluded by any contract or agreement from doing or refraining from doing any such acts as may be necessary to comply with the provisions of this section, or be liable under any contract or agreement to any penalty or forfeiture for doing or refraining from doing any such act. 1982 No 27 s 11(8)–(11) Section 13 heading amended 16 December 2013 section 22 WorkSafe New Zealand Act 2013 Section 13(1) amended 16 December 2013 section 22 WorkSafe New Zealand Act 2013 Section 13(2) amended 1 July 2013 section 413 Criminal Procedure Act 2011 Section 13(3) amended 1 March 2017 section 261 District Court Act 2016 Section 13(3) amended 16 December 2013 section 22 WorkSafe New Zealand Act 2013
14: Appeal against decision on application for injunction
1: A party to proceedings in the District Court section 13(3)
1A: The High Court Rules 2016 sections 126 to 130 section 124
2: On the ex parte section 126(1)
2A: Subsection (2) overrides subsection (1A).
3: A party to any appeal under subsection (1) may, with the leave of the Court of Appeal, appeal to the Court of Appeal against any determination of the High Court on a question of law arising in an appeal under that subsection.
4: On an appeal to the Court of Appeal under this section, the Court of Appeal shall have the same power to adjudicate on the proceeding as the High Court had.
5: The decision of the Court of Appeal on an appeal to that court under this section, and on an application to it under this section for leave to appeal, shall be final.
6: Subject to subsections (3) to (5), the decision of the High Court on an appeal to that court under this section shall be final. Section 14(1) substituted 24 November 2003 section 4 District Courts Amendment Act 2002 Section 14(1) amended 1 March 2017 section 261 District Court Act 2016 Section 14(1A) replaced 1 March 2017 section 261 District Court Act 2016 Section 14(2) substituted 24 November 2003 section 4 District Courts Amendment Act 2002 Section 14(2) amended 1 March 2017 section 261 District Court Act 2016 Section 14(2A) inserted 24 November 2003 section 4 District Courts Amendment Act 2002
15: Assessors
1: Where any objection has been lodged under section 9 WorkSafe WorkSafe
2: No person shall be appointed to act as an assessor unless he or she has special skill or knowledge relevant to the particular matter to be considered by the court.
3: There shall be paid, out of public money appropriated by Parliament for the purpose, to any assessors appointed under this section remuneration by way of fees, salary, or allowances, and travelling allowances and expenses, in accordance with the Fees and Travelling Allowances Act 1951 1982 No 27 s 12 s 86(1) Section 15(1) amended 16 December 2013 section 22 WorkSafe New Zealand Act 2013
16: Notification
1: This section applies to every accident that—
a: is caused wholly or partly by, or involves or affects, electricity, or involves or affects the generation, conversion, transformation, conveyance, or use of electricity; and
b: results in—
i: serious harm to any person; or
ii: damage to any place or part of a place that renders that place or that part of that place unusable for any purpose for which it was used or designed to be used before that accident.
2:
3: Where any accident to which this section applies occurs in any place, the appropriate person shall notify WorkSafe
4: For the purposes of subsection (3), the appropriate person
a: in the case of an accident involving or affecting any works or electrical installation, the person who has control of those works or that installation:
b: if the accident is discovered by any person who is authorised to do prescribed electrical work under Part 10
c: in all other cases, the occupier of the place where the accident occurred.
5: Every notice under this section shall be in the prescribed form (if any) and shall contain such particulars as are prescribed (if any).
6: Notification of an accident in accordance with either or both of the following provisions is compliance with subsection (3):
a: section 17(3)
b: section 56 1982 No 27 s 14(1)–(3) Section 16 amended 5 December 2006 section 9(1) Electricity Amendment Act 2006 Section 16(1) substituted 5 December 2006 section 9(2) Electricity Amendment Act 2006 Section 16(2) repealed 5 December 2006 section 9(2) Electricity Amendment Act 2006 Section 16(3) amended 16 December 2013 section 22 WorkSafe New Zealand Act 2013 Section 16(4)﻿(b) substituted 1 April 2010 section 9(3) Electricity Amendment Act 2006 Section 16(6) added 5 December 2006 section 9(4) Electricity Amendment Act 2006 Section 16(6)﻿(b) replaced 4 April 2016 section 232 Health and Safety at Work Act 2015
16A: Transfer of accident information
1: In this section, specified matter Gazette section 5A(2)
2: If WorkSafe is notified of an accident under section 16
3: If an accident relates to a specified matter, a person required to provide notification of any accident under section 16 Section 16A replaced 16 December 2013 section 22 WorkSafe New Zealand Act 2013
17: Interference with scene of accident
1: No person shall interfere in any way with the scene of any accident to which section 16 WorkSafe WorkSafe constable an employee, volunteer, or contractor of Fire and Emergency New Zealand carrying out designated services
2: Where any person does interfere in any way with the scene of any accident to which section 16 WorkSafe
3: Nothing in subsection (1) applies in respect of any person who is investigating the accident pursuant to the Health and Safety at Work Act 2015
4: In subsection (1), designated services section 6 1982 No 27 s 14(4), (5) Section 17(1) amended 1 July 2017 section 197 Fire and Emergency New Zealand Act 2017 Section 17(1) amended 16 December 2013 section 22 WorkSafe New Zealand Act 2013 Section 17(1) amended 1 October 2008 section 116(a)﻿(ii) Policing Act 2008 Section 17(2) amended 16 December 2013 section 22 WorkSafe New Zealand Act 2013 Section 17(3) amended 4 April 2016 section 232 Health and Safety at Work Act 2015 Section 17(4) inserted 1 July 2017 section 197 Fire and Emergency New Zealand Act 2017
18: Inquiries into accidents
1: WorkSafe section 16
2: Where WorkSafe section 16 WorkSafe
3: Subject to section 21 WorkSafe WorkSafe
4: Where WorkSafe WorkSafe 1982 No 27 s 14(6), (7) Section 18(1) amended 16 December 2013 section 22 WorkSafe New Zealand Act 2013 Section 18(2) amended 16 December 2013 section 22 WorkSafe New Zealand Act 2013 Section 18(3) amended 16 December 2013 section 22 WorkSafe New Zealand Act 2013 Section 18(4) amended 16 December 2013 section 22 WorkSafe New Zealand Act 2013
19: Assistance to
WorkSafe Where WorkSafe WorkSafe 1982 No 27 s 15 Section 19 heading amended 16 December 2013 section 22 WorkSafe New Zealand Act 2013 Section 19 amended 16 December 2013 section 22 WorkSafe New Zealand Act 2013
20: Obstructing
WorkSafe Every person commits an offence and is liable on $50,000 in the case of an individual, or $250,000 in the case of a body corporate,
a: intentionally obstructs WorkSafe WorkSafe
b: refuses or fails without reasonable excuse—
i: to produce any document when required to do so by WorkSafe
ii: to allow WorkSafe
iii: to supply any information required of the person by WorkSafe
iv: to comply with any other lawful order or requisition given or made by WorkSafe
c: intentionally damages or interferes with any property used by, or supplied for the use or in the possession of, WorkSafe
d: fails without reasonable excuse to notify section 16 section 17(1) WorkSafe 1982 No 27 s 16 Section 20 heading amended 16 December 2013 section 22 WorkSafe New Zealand Act 2013 Section 20 amended 1 July 2013 section 413 Criminal Procedure Act 2011 Section 20 amended 1 April 2010 section 11(1) Electricity Amendment Act 2006 Section 20(a) amended 16 December 2013 section 22 WorkSafe New Zealand Act 2013 Section 20(b)﻿(i) amended 16 December 2013 section 22 WorkSafe New Zealand Act 2013 Section 20(b)﻿(ii) amended 16 December 2013 section 22 WorkSafe New Zealand Act 2013 Section 20(b)﻿(iii) amended 16 December 2013 section 22 WorkSafe New Zealand Act 2013 Section 20(b)﻿(iv) amended 16 December 2013 section 22 WorkSafe New Zealand Act 2013 Section 20(c) amended 16 December 2013 section 22 WorkSafe New Zealand Act 2013 Section 20(d) amended 16 December 2013 section 22 WorkSafe New Zealand Act 2013 Section 20(d) amended 1 April 2010 section 11(2) Electricity Amendment Act 2006
21: Privilege against self-incrimination
No person shall be required, pursuant to any provision of this Part, to reply to any question if the answer might tend to incriminate him or her.
3: Powers and duties of electricity operators and other owners of electrical works
22: Protection of existing works
Any existing works, lawfully fixed to or lawfully installed over or under any land that is not owned by the person that owns the works, shall continue to be fixed or installed until the owner of the works otherwise decides, and no person other than the owner of the works shall have any interest in any such works by reason only of having an interest in the land. 1987 No 116 s 20 1988 No 164 s 17
22A: Owners of land not responsible for maintenance
1: An owner or occupier of land on which any existing works are situated is not required by this Act to maintain existing works, or to maintain tracks for the purpose of providing the owner of the works with access to the existing works.
2: This section does not limit or override any new or existing legally binding agreement that provides for an owner or occupier of the land to be responsible for any maintenance. Section 22A inserted 8 August 2001 section 9 Electricity Amendment Act 2001
23: Rights of entry in respect of existing works
1: Any person that owns any existing works may enter upon land for the purpose of gaining access to those works and may perform any act or operation necessary for the purpose of—
a: inspecting, maintaining, or operating the works:
b: in the case of works the construction of which had not been completed before 1 January 1988 (in the case of works owned by the Corporation) or before 1 January 1993 (in the case of works owned by any other electricity operator), completing the works.
2: A certificate signed by the owner of any existing works containing a statement that any specified works were constructed (in whole or in part) before 1 January 1988 (in relation to works owned by the Corporation) or before 1 January 1993 (in the case of works owned by any other person) under the authority of the Electricity Act 1968 Electric Power Boards Act 1925 Local Government Act 1974 Public Works Act 1981
3: In this section, maintenance
a: any repairs and any other activities for the purpose of maintaining, or that have the effect of maintaining, existing works; and
b: the carrying out of any replacement or upgrade of existing works as long as the land will not be injuriously affected as a result of the replacement or upgrade.
4: Further rights of entry, which concern the use of existing works to deploy and use fibre optic cable for telecommunications purposes, are provided for in the Telecommunications Act 2001 see sections 155ZR to 155ZZH 1987 No 116 s 12 1988 No 164 s 14 Section 23(3) added 8 August 2001 section 10(1) Electricity Amendment Act 2001 Section 23(4) inserted 3 May 2017 section 19(2) Telecommunications (Property Access and Other Matters) Amendment Act 2017
23A: Line owner must give written notice of intention to maintain or complete existing works
1: An owner of existing works that intends to enter upon land for the purpose of maintaining or completing the works under section 23
2: The notice must be in writing, and must specify—
a: the location of the proposed entry and work; and
b: the reasons for the entry and work and the nature of the work to be undertaken; and
c: the date and time of entry; and
d: the length of time that the owner of the works expects to be on the land. Section 23A inserted 8 August 2001 section 11(1) Electricity Amendment Act 2001
23B: Line owner must give notice of intention to inspect or operate existing works
1: An owner of existing works that intends to enter upon land for the purpose of inspecting or operating the works under section 23
2: The notice may be given by telephone or in any other manner that the owner of the works thinks appropriate. Section 23B inserted 8 August 2001 section 11(1) Electricity Amendment Act 2001
23C: Notice in emergencies
1: An owner of existing works is excused from giving notice as required by section 23A section 23B
a: entry upon the land is necessary in circumstances of probable danger to life or property; or
b: entry upon the land is immediately necessary to maintain the continuity or safety of the supply and distribution of electricity.
2: However, in either case, the owner of the existing works must give notice to the owner or occupier of the land as soon as practicable and to the extent that the circumstances permit (and no later than 5 working days after entry). Section 23C inserted 8 August 2001 section 11(1) Electricity Amendment Act 2001
23D: Land owner may set reasonable conditions on line owner's entry
The owner or occupier of the land may set reasonable conditions relating to the timing of entry under section 23
a: delay the entry by more than 15 working days; or
b: require monetary or other consideration; or
c: otherwise defeat the ability of the owner of the works to exercise effectively the powers in section 23 Section 23D inserted 8 August 2001 section 11(1) Electricity Amendment Act 2001
23E: Agreements preserved
Sections 23A to 23D Section 23E inserted 8 August 2001 section 11(1) Electricity Amendment Act 2001
23F: Disputes about land access
1: The owner or occupier of land, or the owner of the works, may refer any dispute under sections 23 to 23E
2: The objector must, as soon as practicable after making a written objection, serve a copy of the objection on the other party to the dispute.
3: Within 1 month after receiving a copy of the objection or within any further period that the Environment Court allows, the other party to the dispute must send to the Environment Court and serve on the objector a reply to the objection containing matters that are appropriate having regard to the objection made and to any practice directions issued by the Environment Court.
4: The Environment Court must inquire into the objection and, for that purpose, may conduct a hearing at any time and place it appoints.
5: The Environment Court must give not less than 15 working days' notice of any time and place so appointed to the objector and to the other party to the dispute.
6: The Environment Court has power to make a declaration as if the proceeding had been brought under sections 310 to 313
7: The findings of the Environment Court are binding on the objector and the other party to the dispute.
8: The Environment Court may award those costs that it considers just either in favour of or against either party.
9: Subject to sections 299 to 308 1981 No 35 s 24 Section 23F inserted 8 August 2001 section 12 Electricity Amendment Act 2001
24: Construction or maintenance of works on roads
1: Except as provided in subsections (2) and (5)
a: open or break up any road:
b: alter the position of—
i: any pipe (not being a main) for the supply of water or gas; or
ii: any telecommunications line; or
iii: any works— that are constructed in, on, along, over, across, or under that road:
c: alter, repair, or remove any works so constructed or maintained, or any part of any such works.
2: No electricity operator may exercise the powers contained in subsection (1) otherwise than in accordance with such reasonable conditions as may be prescribed by the local authority or other body or person having jurisdiction over the road.
3: Without limiting the generality of subsection (2), a local authority or other body or person having jurisdiction over a road may impose under that subsection, in relation to any work undertaken by any electricity operator, a condition requiring the electricity operator to meet the reasonable costs and expenses of that local authority or other body or person—
a: in processing any notice given under section 25(1)
b: in supervising the carrying out of the work, where such supervision is necessary in the circumstances of the case.
4: To avoid doubt, subsection (1) does not prevent the construction or maintenance of works that are undertaken under an agreement entered into by—
a: the electricity operator; and
b: the local authority or other body with jurisdiction over the road to which the works relate; and
c: any owner referred to in section 25(1)﻿(b)
5: Subsection (1) does not apply to the construction of works that are intended to convey, or are associated with, electricity at a voltage of more than 110 kV and a capacity of more than 100 MVA.
6: In subsection (5), works 1987 No 116 s 15 1988 No 164 s 16 Section 24(1) amended 9 August 2005 section 3(1) Electricity Amendment Act 2005 Section 24(2) substituted 6 August 2010 section 14 Infrastructure (Amendments Relating to Utilities Access) Act 2010 Section 24(4) substituted 9 August 2005 section 3(2) Electricity Amendment Act 2005 Section 24(5) added 9 August 2005 section 3(2) Electricity Amendment Act 2005 Section 24(6) added 9 August 2005 section 3(2) Electricity Amendment Act 2005
24A: Criteria for setting reasonable conditions
1: In setting, varying, or revoking reasonable conditions under section 24(2)
a: the safe and efficient flow of traffic (whether pedestrian or vehicular):
b: the health and safety of any person who is, or class of persons who are, likely to be directly affected by the work on the road:
c: the need to lessen the damage that is likely to be caused to property (including structural integrity of the roads) as a result of work on the road:
d: the compensation that may be payable under section 57
e: the need to lessen disruption to the local community (including businesses):
f: the co-ordination of installation of other networks:
g: the co-ordination with road construction work by the local authority or other body or person who has jurisdiction over that road:
h: the need of the electricity operator to establish an electricity network in a timely manner.
2: Nothing in subsection (1) limits a local authority's or other body's or person's ability to impose reasonable conditions under section 24(2)
3: However, a condition requiring a network operator to increase amenity values (rather than to merely maintain them) must not be imposed unless the work to be done is in an area identified in a district plan as an area in relation to which, under the district plan, there are particular considerations, or rules or requirements, relating to amenity values.
4: If the cost to the network operator of complying with a condition referred to in subsection (3) is higher than it would have been if there were not a requirement to increase amenity values, then the person imposing the condition must pay that increase in cost.
5: In subsection (3), a reference to a district plan includes a reference to a development plan under the Urban Development Act 2020 2001 No 103 s 119 Section 24A inserted 6 August 2010 section 15 Infrastructure (Amendments Relating to Utilities Access) Act 2010 Section 24A(5) inserted 7 August 2020 section 300 Urban Development Act 2020
25: Notice to be given before work undertaken
1: Except as provided in subsection (5), before an electricity operator proceeds to undertake any work pursuant to the powers contained in section 24(1)
a: the local authority or other body or person having jurisdiction over the road to which the work relates; and
b: the owner of any pipe, telecommunications line, or works that are constructed in, on, along, over, across, or under that road and that will be affected, or are likely to be affected, by the work.
2: Every such notice shall be in writing, and shall specify the location of the proposed work, the nature of the work to be undertaken, and the reasons for it.
3: Within 15 working days after the receipt of the written notice of the intention to undertake work, the persons who are given a notice pursuant to subsection (1) shall notify the electricity operator, in writing, of any conditions imposed pursuant to section 24(2)
4: Where a person who is given a notice pursuant to subsection (1) fails to notify the electricity operator of the conditions imposed pursuant to section 24(2)
5: Where any such work is rendered urgent and necessary by any defective equipment, or other emergency, the electricity operator shall be excused from complying with the requirements of subsection (1) before commencing the work, but shall give the information required by subsection (2) as soon as practicable thereafter. 1987 No 116 s 15A 1988 No 164 s 16
26: Offence
1: Every electricity operator commits an offence and is liable on section 24 section 25
2: In addition to any fine imposed pursuant to subsection (1), the court may make such order relating to compensation as it thinks fit. 1987 No 116 s 15B 1988 No 164 s 16 Section 26(1) amended 1 July 2013 section 413 Criminal Procedure Act 2011
27: Appeals in relation to conditions imposed
1: An electricity operator shall have a right of appeal to the District Court section 24(2)
a: the local authority or other body or person having jurisdiction over the road; or
b: the owner of any pipe, telecommunications line, or works.
2: Every such appeal shall be made by giving notice of appeal within 40 working days after the date of notification of the conditions imposed, or within such further period as the court may allow on application made to it for that purpose either before or after the expiration of those 40 working days. 1987 No 116 s 15C 1988 No 164 s 16 Section 27(1) amended 1 March 2017 section 261 District Court Act 2016
28: Determination of appeals
1: In its determination of any appeal under section 27 the District Court
2: Subject to section 29 the District Court section 27 1987 No 116 s 15D 1988 No 164 s 16 Section 28(1) amended 1 March 2017 section 261 District Court Act 2016 Section 28(2) amended 1 March 2017 section 261 District Court Act 2016
29: Appeal on question of law
1: Where any party to any appeal under section 27
2: Subject to subsection (3), every appeal under this section shall be heard and determined in accordance with rules of court.
3: Subpart 8 Criminal Procedure Act 2011 Section 29(1) amended 1 July 2013 section 413 Criminal Procedure Act 2011 Section 29(3) replaced 1 July 2013 section 413 Criminal Procedure Act 2011
30: Charging for access to road reserve
1: Notwithstanding anything in this Act or in any other enactment, no local authority or other body or person having jurisdiction over any road shall require the payment, by or on behalf of any electricity operator, of any amount of or in the nature of rent in respect of any works constructed in, on, along, over, across, or under that road.
2: Nothing in subsection (1) applies in respect of a rate that is assessed under the Local Government (Rating) Act 2002
3: In this section, the term road section 2 Government Roading Powers Act 1989 Section 30(2) substituted 1 July 2003 section 137(1) Local Government (Rating) Act 2002 Section 30(3) amended 1 August 2008 section 50(1) Land Transport Management Amendment Act 2008
31: Rights of entry in respect of level crossings
1: Where—
a: an electricity operator wishes to enter upon any level crossing for the purpose of constructing or maintaining any works in, on, along, over, across, or under that level crossing; and
b: after taking all reasonable steps to do so, the electricity operator has been unable to negotiate an agreement for entry,— the electricity 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 the District Court
2: On being satisfied that the construction or maintenance of any works is necessary for the purposes of distributing electricity, and that the electricity operator has taken all reasonable steps to negotiate an agreement for entry, and that, in relation to the construction of any works, no practical alternative route or site exists, the court may make an order authorising the electricity operator to—
a: enter and re-enter the level crossing at reasonable times, with or without such assistants, aircraft, boats, vehicles, appliances, machinery, and equipment as are reasonably necessary for the construction or maintenance of any works:
b: perform such work as may be reasonably necessary to construct or maintain any works.
3: Every order under this section shall specify—
a: how and when entry is to be made; and
b: the specific powers intended to be exercised; and
c: such other conditions (including conditions relating to the payment of compensation) as the court thinks fit to impose.
4: Before exercising any powers authorised by an order made under this section, the electricity operator shall serve the order on the owner and occupier of the level crossing to which the order relates.
5: Every officer, employee, or agent of an electricity 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: This section does not apply to the construction or maintenance of works that are intended to convey, or are associated with, electricity at a voltage of more than 110 KV and a capacity of more than 100 MVA.
7: In subsection (6), works 1987 No 116 s 11 1988 No 164 s 13 Section 31(1) amended 1 March 2017 section 261 District Court Act 2016 Section 31(6) substituted 9 August 2005 section 4 Electricity Amendment Act 2005 Section 31(7) added 9 August 2005 section 4 Electricity Amendment Act 2005
32: Local authority, etc, may require works to be moved
1: Where any works (being works to which section 22 section 24
2: If the owner of the works refuses or fails within a reasonable time to do the work required under subsection (1), the person requiring the work to be done may, after giving the owner of the works written notice of that person's intention to do so, do the work or have the work done by some other person.
3: The notice required by subsection (2) shall be given at least 15 working days before the work commences. 1982 No 27 s 48(1), (4)
33: Cost of work required under section 32
1: Subject to subsection (2), the reasonable cost of all work required to be done under section 32(1)
2: Where any work is required to be done under section 32(1)
a: were constructed contrary to any provision of—
i: this Act or any regulations made under section 169
ii: the Electricity Act 1968
iii: the Electric Power Boards Act 1925
iv: the Local Government Act 1974 Local Government Act 2002
v: the Public Works Act 1981
vi: any local or private Act; or
vii: any regulations made under any enactment, or under any enactment of any of the classes of enactment, referred to in any of subparagraphs (ii) to (vi); or
b: are in a dangerous or unsafe condition,— the cost of the work shall be paid by the owner of the works.
3: Where any person requires any work to be done under section 32(1)
4: Where a controlling authority (being the New Zealand Transport Agency or the agent of the Minister of Transport) section 32(1)
a: in all cases the cost of all fittings that are used in the carrying out of the required work (other than fittings used only during the course of construction) shall be paid by the owner of the works:
b: where—
i: as a consequence of the requirement, the owner of the works elects to fix works to, or install works over, under, or through, a roading structure that is being, or is to be, constructed or altered; and
ii: the cost of that construction or those alterations is increased by reason that those works will be fixed to, or installed over, under, or through, that roading structure,— an amount equal to the amount by which the cost, to the controlling authority, of that construction or those alterations, as the case requires, is so increased shall be paid to the controlling authority by the owner of the works:
c: where, as a consequence of the requirement, the owner of the works relocates the works and reconstructs them to specifications different from those of the original works, the owner of the works shall pay the difference between—
i: what it would have cost to relocate and reconstruct the works as near as reasonably practicable to their original specifications (excluding any costs to which paragraph (a) would have applied), taking into account—
A: any restrictions or conditions imposed by or under any enactment in relation to the relocation and reconstruction; and
B: the location of the original works and the alternatives reasonably available to the owner of the works; and
ii: the actual cost of the relocation and reconstruction (excluding any costs to which paragraph (a) applies),— where the amount calculated in accordance with subparagraph (i) is less than the amount calculated in accordance with subparagraph (ii).
5: Subsections (1) to (4) shall apply subject to any agreement between the person requiring the work to be done and the owner of the works to which that requirement relates.
6: The amount of any payment that is required to be made under this section shall be determined in each case—
a: by agreement between the person liable for the payment and the person to whom it is payable; or
b: failing such agreement, by arbitration under the Arbitration Act 1996 1982 No 27 s 48(3), (5) Section 33(2)﻿(a)﻿(iv) substituted 1 July 2003 section 262 Local Government Act 2002 Section 33(4) amended 6 August 2010 section 16 Infrastructure (Amendments Relating to Utilities Access) Act 2010 Section 33(6)﻿(b) amended 1 July 1997 section 20 Arbitration Act 1996
34: Government Roading Powers Act 1989 Sections 32 33 section 54 Government Roading Powers Act 1989 Section 34 amended 1 August 2008 section 50(1) Land Transport Management Amendment Act 2008 Section 34 amended 1 August 2008 section 50(1) Land Transport Management Amendment Act 2008
35: Owners and occupiers of private land may move works
1: Subject to subsection (2), the owner or occupier of any private land or buildings into, through, over, or against which any works to which section 22
2: No works may be moved, reconstructed, or replaced under subsection (1) without the consent of the person that owns the works, but that consent shall not be unreasonably withheld.
3: The notice required by subsection (1) shall be given at least 15 working days before the work to move the works commences. 1982 No 27 s 49
4: Electrical codes of practice
36: Issue of electrical code of practice
1: WorkSafe electrical code of practice
a: the setting or endorsing of standards or specifications concerning the design, construction, installation, importation, or manufacture of works, electrical installations, fittings, electrical appliances, or associated equipment:
b: the setting of standards in respect of electricity that is to be supplied to or used by electricity retailers and consumers:
c: the operation or use of works, electrical installations, fittings, electrical appliances, or associated equipment:
d: the inspection or maintenance of works, electrical installations, fittings, electrical appliances, or associated equipment:
e: the safety of persons or property associated with or using works, electrical installations, fittings, electrical appliances, or associated equipment:
f: the setting or endorsing of standards or requirements relating to—
i: the training required for any specified class or classes of workers for the purposes of establishing and maintaining safety standards in relation to the generation, conversion, transformation, conveyance, and use of electricity:
ii: the levels of electrical or technical qualifications necessary for the carrying out of any specified class or classes of electrical work or for the holding of positions of electrical responsibility in any branch of the electrical industry or in any specified undertakings concerned with the particular application of electricity:
g: the setting or endorsing of standards, specifications, or requirements relating to or concerning the periodic examination of connectable installations of vehicles, relocatable buildings, and pleasure vessels, or any of them, and the issue of warrants of electrical fitness in respect of such installations:
h: the setting or endorsing of standards, controls, or requirements for the whole or any part of any tree or vegetation to prevent the interruption of the supply of electricity or interference with the electrical supply system.
2: WorkSafe
3: Every electrical code of practice and every amendment or revocation of an electrical code of practice shall show the date on which it was issued. 1968 No 125 ss 24A, 24B(1), (2) 1983 No 123 s 6 Section 36(1) amended 16 December 2013 section 22 WorkSafe New Zealand Act 2013 Section 36(2) amended 16 December 2013 section 22 WorkSafe New Zealand Act 2013
37: Code may incorporate official standards by reference
1: WorkSafe
a: an official standard or a specified part of an official standard; or
b: an official standard or a specified part of an official standard with such additions or variations as are specified in the code— if that official standard or, as the case may be, that part of that official standard relates to the subject matter of the code.
2: On the inclusion in a code of a reference to an official standard or part of an official standard, that official standard or, as the case may be, that part of that official standard (as it existed on the date of the inclusion but with such additions or variations (if any) as are specified in the code) shall be deemed to form part of the code. 1968 No 125 s 24B(3), (4) 1983 No 123 s 6 Section 37(1) amended 16 December 2013 section 22 WorkSafe New Zealand Act 2013
38: Code to be approved by Minister
1: Subject to subsection (5), an electrical code of practice, an amendment to such a code, and a revocation of such a code, shall not have any force or effect until it has been approved by the Minister.
2: Subject to subsection (3), 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 WorkSafe
b: the Minister has consulted such persons as will be affected by the code or amendment or revocation, or representatives of those persons, and they have had the opportunity to consider its possible effects and to comment on those effects to the Minister; and
c: the Minister has considered any comments made to the Minister concerning those effects.
3: The Minister may approve an electrical code of practice or any amendment or revocation of that code without complying with the requirements of subsection (2)﻿(a) or (b) if the Minister is satisfied that sufficient consultation has already taken place in respect of the matters in the code or amendment or revocation.
4: When the Minister approves an electrical code of practice or an amendment or revocation of that code, the Minister shall—
a: publish a notice of the approval in the Gazette
b: show the date of the approval on the code, amendment, or revocation and promulgate it in such manner as the Minister thinks fit.
5: The fact that the Minister has published in the Gazette 1968 No 125 s 24C 1983 No 123 s 6 Section 38(2)﻿(a) amended 16 December 2013 section 22 WorkSafe New Zealand Act 2013
39: Availability of codes
1: WorkSafe
a: for inspection by members of the public free of charge; and
b: for purchase by members of the public at a reasonable price.
2: The notice of approval published in the Gazette section 38(4)﻿(a) Section 39(1) amended 16 December 2013 section 22 WorkSafe New Zealand Act 2013
40: Emergency amendment of code
1: If WorkSafe WorkSafe WorkSafe
2: Every amendment issued under subsection (1) shall be identified as an emergency amendment issued under this section, and show the date on which it was issued.
3: Every such amendment shall remain in force for a period of 60 days after the date on which it was issued and may be continued in force by the Minister for such further period or periods as the Minister thinks fit, but the maximum period of time during which an emergency amendment may remain in force shall be 180 days.
4: Subject to subsection (5), an emergency amendment issued under this section shall for all purposes, while it remains in force, be deemed to have been issued under section 36 section 38
5: If any regulation in force under section 169
6: Despite section 73
7: Subsection (8) applies if, pursuant to section 5A(3) and (4) Gazette
8: Despite clauses 2 3 1968 No 125 s 24D 1983 No 123 s 6 Section 40(1) amended 16 December 2013 section 22 WorkSafe New Zealand Act 2013 Section 40(6) replaced 16 December 2013 section 22 WorkSafe New Zealand Act 2013 Section 40(7) replaced 16 December 2013 section 22 WorkSafe New Zealand Act 2013 Section 40(8) inserted 16 December 2013 section 22 WorkSafe New Zealand Act 2013 Section 40(8) amended 7 August 2020 section 135 Public Service Act 2020
41: Citation of code
In any regulations made under section 169 WorkSafe section 40(5) 1968 No 125 s 24E 1983 No 123 s 6 Section 41 amended 16 December 2013 section 22 WorkSafe New Zealand Act 2013
42: Proof of code
1: Without affecting any other method of proof, the production in any proceedings of a copy of any electrical code of practice or amendment or revocation of an electrical code of practice, purporting to have been issued by WorkSafe section 36 section 38
2: Without affecting any other method of proof, the production in any proceedings of—
a: a copy of an emergency amendment of an electrical code of practice purporting to have been issued by WorkSafe section 40
b: a certificate under the hand of the Minister that the Minister has continued such an amendment in force until a date specified in the certificate shall, in the absence of proof to the contrary, be sufficient evidence that the amendment has been continued in force until that date under section 40(3)
3: In any proceedings for an offence against this Act or against any regulations made under section 169
a: any requirement or standard prescribed in an electrical 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 that official standard certified to be correct by the chairperson of WorkSafe
b: judicial notice shall be taken of a signature purporting to be the signature of the chairperson WorkSafe 1968 No 125 s 24F 1983 No 123 s 6 Section 42(1) amended 16 December 2013 section 22 WorkSafe New Zealand Act 2013 Section 42(2)﻿(a) amended 16 December 2013 section 22 WorkSafe New Zealand Act 2013 Section 42(3)﻿(a) amended 4 April 2016 section 232 Health and Safety at Work Act 2015 Section 42(3)﻿(b) amended 4 April 2016 section 232 Health and Safety at Work Act 2015 Section 42(3)﻿(b) amended 16 December 2013 section 22 WorkSafe New Zealand Act 2013
43: Codes promulgated under Electricity Act 1968
Every electrical code of practice promulgated under the Electricity Act 1968
43A: Different Ministries responsible for different codes
Section 43A repealed 16 December 2013 section 22 WorkSafe New Zealand Act 2013
5: Rural electrical reticulation
Part 5 repealed 1 November 2010 section 164(2) Electricity Industry Act 2010
44: Rural Electrical Reticulation Council
Section 44 repealed 1 April 1997 section 55
45: Functions of Council
Section 45 repealed 1 April 1997 section 55
46: Council to comply with government policies
Section 46 repealed 1 April 1997 section 55
47: Further provisions applying to Council
Section 47 repealed 1 April 1997 section 55
48: Levies
Section 48 repealed 1 April 1997 section 55
49: Interest on levies
Section 49 repealed 1 April 1997 section 55
50: Application of levies
Section 50 repealed 1 April 1997 section 55
51: Transitional provision relating to subsidies
Section 51 repealed 1 April 1997 section 55
52: Transitional provision relating to membership of Council
Section 52 repealed 1 April 1997 section 55
53: Council to wind up operations before dissolution
Section 53 repealed 1 April 1997 section 55
54: Dissolution of Council
Section 54 repealed 1 November 2010 section 164(2) Electricity Industry Act 2010
55: Expiration of provisions relating to Council
Section 55 repealed 1 November 2010 section 164(2) Electricity Industry Act 2010
56: Consequential amendment to Official Information Act 1982
Section 56 repealed 1 November 2010 section 164(2) Electricity Industry Act 2010
6: Miscellaneous provisions relating to supply of electricity
57: Compensation for damage
1: Every person having any right, title, estate, or interest in any land or property injuriously affected by the exercise from time to time of any powers conferred by Part 2 Part 3 WorkSafe
2: In default of agreement between the parties, claims for compensation under this section shall be made and determined within the time and in the manner provided by the Public Works Act 1981
3: Notwithstanding the provisions of any enactment or any rule of law, the exercise of any power conferred by this Act on WorkSafe 1968 No 125 s 16 Section 57(1) amended 16 December 2013 section 22 WorkSafe New Zealand Act 2013 Section 57(3) amended 16 December 2013 section 22 WorkSafe New Zealand Act 2013
58: Compensation for trees and vegetation removed
Where any tree or part of a tree or any vegetation or part of any vegetation is removed pursuant to any regulations made under section 169 Public Works Act 1981 1968 No 125 s 19B 1986 No 2 s 4
59: Returns relating to construction of works, etc
Every person who constructs any works or electrical installation shall, where required by regulations made under section 169 WorkSafe Section 59 amended 16 December 2013 section 22 WorkSafe New Zealand Act 2013
60: Standards for electricity supply
All electricity distributed by an electricity distributor shall comply with such standards as are for the time being prescribed by regulations made under section 169
61: Safety requirements
All works, electrical installations, and electrical appliances shall be of such quality and standard, and shall be constructed, maintained, and operated in accordance with such safety requirements, as are prescribed by regulations made under section 169
61A: Electricity generators and electricity distributors must have safety management systems
1: Every electricity generator and every electricity distributor that owns or operates an electricity supply system must implement and maintain, in accordance with regulations made under section 169
1A: The safety management system must prevent, so far as is reasonably practicable, the electricity supply system from presenting a significant risk of—
a: serious harm to any member of the public; or
b: significant damage to property owned by a person other than the electricity generator or electricity distributor.
2: For the purposes of this Act, electricity supply system
a: in relation to an electricity generator, assets that, whether taken individually or as a whole, have a rated electricity generating capacity equal to, or greater than, 10 MW:
b: in relation to an electricity distributor, assets that, whether taken individually or as a whole, are used, or designed or intended for use, in or in connection with the conversion, transformation, or conveyance of electricity at a capacity equal to, or greater than, 10 MVA.
3: The Governor-General may, by Order in Council, make regulations for either or both of the following purposes:
a: increasing the rated electricity generating capacity that applies under subsection (2)﻿(a):
b: increasing the capacity that applies under subsection (2)﻿(b).
4: Regulations under this section are secondary legislation ( see Part 3 The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under this section. Legislation Act 2019 requirements for secondary legislation made under this section Publication PCO must publish it on the legislation website and notify it in the Gazette LA19 s 69(1)﻿(c) Presentation The Minister must present it to the House of Representatives LA19 s 114 cl 32(1)﻿(a) Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act. Section 61A inserted 1 April 2010 section 12 Electricity Amendment Act 2006 Section 61A(1) replaced 4 April 2016 section 232 Health and Safety at Work Act 2015 Section 61A(1A) inserted 4 April 2016 section 232 Health and Safety at Work Act 2015 Section 61A(4) inserted 28 October 2021 section 3 Secondary Legislation Act 2021
62: Continuance of supply
Section 62 repealed 1 November 2010 section 164(3) Electricity Industry Act 2010
6A: Restriction on new fossil-fuelled thermal electricity generating capacity
Part 6A repealed 23 December 2008 section 4 Electricity (Renewable Preference) Repeal Act 2008 Preliminary provisions Heading repealed 23 December 2008 section 4 Electricity (Renewable Preference) Repeal Act 2008
62A: Purpose of this Part
Section 62A repealed 23 December 2008 section 4 Electricity (Renewable Preference) Repeal Act 2008
62B: Expiry of this Part
Section 62B repealed 23 December 2008 section 4 Electricity (Renewable Preference) Repeal Act 2008
62C: Interpretation
Section 62C repealed 23 December 2008 section 4 Electricity (Renewable Preference) Repeal Act 2008 Restriction on connection and operation of specified generation plant Heading repealed 23 December 2008 section 4 Electricity (Renewable Preference) Repeal Act 2008
62D: Restriction on connection and operation of specified generation plant
Section 62D repealed 23 December 2008 section 4 Electricity (Renewable Preference) Repeal Act 2008
62E: Additional penalty for breach involving commercial gain
Section 62E repealed 23 December 2008 section 4 Electricity (Renewable Preference) Repeal Act 2008 Exemptions Heading repealed 23 December 2008 section 4 Electricity (Renewable Preference) Repeal Act 2008
62F: Minister of Energy may grant exemption
Section 62F repealed 23 December 2008 section 4 Electricity (Renewable Preference) Repeal Act 2008
62G: Minister of Energy may only grant exemption if satisfied of certain matters
Section 62G repealed 23 December 2008 section 4 Electricity (Renewable Preference) Repeal Act 2008
62H: Grounds and terms and conditions of exemption
Section 62H repealed 23 December 2008 section 4 Electricity (Renewable Preference) Repeal Act 2008
62I: Public consultation on recommendations
Section 62I repealed 23 December 2008 section 4 Electricity (Renewable Preference) Repeal Act 2008
62J: Publication of exemption and reasons
Section 62J repealed 23 December 2008 section 4 Electricity (Renewable Preference) Repeal Act 2008
62K: Revocation of exemption
Section 62K repealed 23 December 2008 section 4 Electricity (Renewable Preference) Repeal Act 2008
62L: Commission may grant temporary emergency exemption
Section 62L repealed 23 December 2008 section 4 Electricity (Renewable Preference) Repeal Act 2008 Enforcement Heading repealed 23 December 2008 section 4 Electricity (Renewable Preference) Repeal Act 2008
62M: Commission must monitor compliance
Section 62M repealed 23 December 2008 section 4 Electricity (Renewable Preference) Repeal Act 2008 Commission may use information collected or provided under regulations or rules Heading repealed 23 December 2008 section 4 Electricity (Renewable Preference) Repeal Act 2008
62N: Commission may use information collected or provided under regulations or rules
Section 62N repealed 23 December 2008 section 4 Electricity (Renewable Preference) Repeal Act 2008 Regulations Heading repealed 23 December 2008 section 4 Electricity (Renewable Preference) Repeal Act 2008
62O: Regulations for purposes of this Part
Section 62O repealed 23 December 2008 section 4 Electricity (Renewable Preference) Repeal Act 2008
7: Price restraint
Part 7 repealed 1 April 1997 section 67(a)
63: Regulations relating to price of electricity
Section 63 repealed 1 April 1997 section 67(a)
64: Definition of domestic premises
Section 64 repealed 1 April 1997 section 67(a)
65: Offences
Section 65 repealed 1 April 1997 section 67(a)
66: Other Acts relating to price control not affected
Section 66 repealed 1 April 1997 section 67(a)
67: Expiry of this Part
Section 67 repealed 1 April 1997 section 67(a)
8: Licensing of electricity suppliers
Part 8 repealed 1 April 1994 section 73
68: Definition of consumer for purposes of this Part
Section 68 repealed 1 April 1994 section 73
69: Licence to supply electricity
Section 69 repealed 1 April 1994 section 73
70: Offence
Section 70 repealed 1 April 1994 section 73
71: Supply of electricity to consumers outside supply area
Section 71 repealed 1 April 1994 section 73
72: Duty to supply
Section 72 repealed 1 April 1994 section 73
73: Expiry of this Part
Section 73 repealed 1 April 1994 section 73
9: Restrictions on electrical work
Part 9 substituted 1 April 2010 section 13 Electricity Amendment Act 2006
74: Restrictions on doing or assisting with prescribed electrical work
1: A person must not do any prescribed electrical work, or assist in doing any prescribed electrical work, unless that person is authorised to do so under this section.
2: The following persons may do prescribed electrical work, or assist in doing prescribed electrical work, within the limits prescribed in regulations (if any):
a: a registered person who is authorised to do, or assist in doing, the work under a current practising licence:
b: a person who is authorised to do, or assist in doing, the work under a provisional licence:
c: a person who is authorised to do, or assist in doing, the work under an employer licence.
3: A person does not do any prescribed electrical work, or assist in doing any prescribed electrical work, in breach of this section if that work is done in accordance with any of sections 75 to 80
4: A body corporate that is responsible for any prescribed electrical work does not do any prescribed electrical work, or assist in doing any prescribed electrical work, in breach of this section if the natural person or natural persons who actually do, or assist in doing, that work are authorised to do so under this Act.
5: Subsection (1) is subject to subsections (3) and (4) and sections 75 to 81
6: For the purposes of this Part and Part 10 regulations section 169 Section 74 substituted 1 April 2010 section 13 Electricity Amendment Act 2006 Exemptions Heading inserted 1 April 2010 section 13 Electricity Amendment Act 2006
75: Board may exempt person or class of persons from section 74
1: The Board may, if it thinks fit, section 74
2: The Board may grant the exemption subject to any terms and conditions that it thinks fit.
3: A person may do any prescribed electrical work, or assist in doing any prescribed electrical work, under an exemption granted under subsection (1) if—
a: the work is within the limits specified in the exemption; and
b: the exemption applies to the person; and
c: the work is done in accordance with the terms and conditions of the exemption; and
d: the work is carried out in a competent and safe manner.
4: An exemption under this section is secondary legislation ( see Part 3 The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under this section. Legislation Act 2019 requirements for secondary legislation made under this section Publication The maker must publish it in the Gazette LA19 ss 73 74(1)﻿(a) cl 14 Presentation The Minister must present it to the House of Representatives LA19 s 114 cl 32(1)﻿(a) Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act. Section 75 substituted 1 April 2010 section 13 Electricity Amendment Act 2006 Section 75(1) amended 28 October 2021 section 3 Secondary Legislation Act 2021 Section 75(4) replaced 28 October 2021 section 3 Secondary Legislation Act 2021
76: Exemption for work done under supervision
A person (the supervised person
a: that work is within the limits prescribed in regulations made for the purposes of this section; and
b: the work done by the supervised person is carried out under the supervision of a registered person who holds a current practising licence issued under this Act that authorises the person to supervise electrical work; and
c: except as provided in any regulations, while that work is being carried out by the supervised person, no part of the work is connected to a power supply; and
d: the work is—
i: tested and certified in accordance with regulations; and
ii: connected to a power supply by a registered person who holds a current practising licence issued under this Act that authorises the person to supervise electrical work. Section 76 substituted 1 April 2010 section 13 Electricity Amendment Act 2006
77: Exemption for trainees
1: A person may do, or assist in doing, any prescribed electrical work if—
a: that work is within the limits prescribed in regulations made for the purposes of this section; and
b: the person is a trainee in relation to the work; and
c: the work done by that person is carried out in accordance with a limited certificate issued by the Board to the trainee under section 78
2: In this section, trainee
a: means a person who is undergoing instruction or training in any class of prescribed electrical work for the purpose of obtaining registration as a registered person; and
b: includes an apprentice who is working in the electricity industry.
3: This section does not prevent a trainee from doing, or assisting in doing, work under section 76 Section 77 substituted 1 April 2010 section 13 Electricity Amendment Act 2006
78: Board may issue limited certificate for purposes of section 77
1: The Board may, on payment of the prescribed fee (if any), issue to any person a limited certificate for the purposes of section 77
2: The Board may issue the limited certificate subject to any terms and conditions that the Board thinks fit.
3: The Board may, by written notice to a person, revoke, amend, or add to any term or condition imposed in relation to that person's certificate.
4: A limited certificate issued under this section, unless it is sooner cancelled, is in force for the period, not exceeding 5 years, specified in the certificate, but it may from time to time be renewed for a further term not exceeding 5 years.
5: The Board may, if it thinks fit, refuse to renew any limited certificate.
6: A limited certificate issued under this section may be cancelled by the Board—
a: if the Board considers that any of the terms or conditions of the certificate have not been met; or
b: following the determination of an application for registration as a registered person or for a practising licence. Section 78 substituted 1 April 2010 section 13 Electricity Amendment Act 2006
79: Exemption for domestic electrical wiring work
1: The owner of any premises that are occupied, or intended to be occupied, by that person as a residence for that person, or for that person and members of that person's family, may do any electrical wiring work, or assist in doing any electrical wiring work, in relation to those premises, if—
a: the work is within the limits prescribed in regulations made for the purposes of this section; and
b: the work is carried out in accordance with the requirements of any regulations; and
c: the work is carried out in a competent and safe manner; and
d: while that work is being carried out, no part of the work is connected to a power supply; and
e: the work is, before connection to a power supply, tested and certified, in accordance with regulations, by a registered person who holds a current practising licence issued under this Act that authorises that person to test and certify prescribed electrical work; and
f: the work is connected to a power supply by the registered person referred to in paragraph (e).
2: Subsection (1)﻿(e) and (f) apply only if required by regulations.
3: For the purposes of subsection (1), owner Section 79 substituted 1 April 2010 section 13 Electricity Amendment Act 2006
80: Exemption for maintenance of domestic appliances
1: The owner of any electrical appliance may do any prescribed electrical work, or assist in doing any prescribed electrical work, in relation to that appliance if—
a: the appliance is kept principally for the use of that person, or any near relative of that person, or both; and
b: the appliance is used principally for domestic purposes and not for commercial or industrial purposes; and
c: the work is within the limits prescribed in regulations made for the purposes of this section; and
d: the work is carried out in accordance with the requirements of any regulations; and
e: the work is carried out in a competent and safe manner; and
f: while that work is being carried out, the appliance is not connected to a power supply; and
g: the work is, before connection to a power supply, tested and certified, in accordance with regulations, by a registered person who holds a current practising licence issued under this Act that authorises that person to test and certify prescribed electrical work.
2: Subsection (1)﻿(g) applies only if required by regulations.
3: For the purposes of subsection (1), near relative
a: a grandparent of that person:
b: a parent or step-parent of that person:
c: a parent or step-parent of that person's spouse, civil union partner, or de facto partner:
d: a brother or sister of that person, including a half-brother or half-sister:
e: that person's spouse, civil union partner, or de facto partner:
f: a child or step-child of that person:
g: a grandchild of that person. Section 80 substituted 1 April 2010 section 13 Electricity Amendment Act 2006 Board may cancel application of exemption Heading inserted 1 April 2010 section 13 Electricity Amendment Act 2006
81: Board may cancel application of exemption to any person
1: The Board may, by notice in writing to a person, cancel the application of any exemption under sections 76 to 80
2: The exemption referred to in the notice under subsection (1) ceases to apply to the person from the date specified in the notice.
3: The Board may not cancel the application of an exemption under subsection (1) unless it has first—
a: informed the person concerned why it may cancel the application of the exemption; and
b: given the person a reasonable opportunity to make written submissions and be heard on the question, either personally or by his or her representative. Section 81 substituted 1 April 2010 section 13 Electricity Amendment Act 2006 Testing, certification, and inspection Heading inserted 1 April 2010 section 13 Electricity Amendment Act 2006
82: Testing, certification, and inspection
1: If any prescribed electrical work is carried out, that work or, as the case may require, the works or electrical installation or electrical appliance in respect of which that work is carried out must not be connected to a power supply unless the testing, certification, and inspection that is required by regulations has been carried out.
2: A person must not sell, or offer for sale, any works or electrical installation or electrical appliance that has not been tested and certified in accordance with regulations.
3: A person must not supply electricity to any works or electrical installation unless that person is satisfied that any inspection and certification required in respect of those works or that installation by regulations has been carried out.
4: This section does not prevent the connection, to any power supply, of any works, electrical installation, or electrical appliance, or the supply of electricity to any works or electrical installation, if that connection or supply is solely for the purposes of carrying out any testing, inspection, or certification required by any regulations. Section 82 substituted 1 April 2010 section 13 Electricity Amendment Act 2006
83: Power of entry
1: For the purpose of ensuring that the requirements of section 82
a: inspect and test any prescribed electrical work on those premises that is, or is intended to be, connected to a power supply:
b: make any inquiries that are necessary to determine whether or not any prescribed electrical work on those premises has been properly tested, certified, or inspected.
2: The power of entry under subsection (1) may be exercised whether or not there are any grounds to believe that any prescribed electrical work has not been properly carried out.
3: Every person must give reasonable notice of that person's intention to enter any premises under subsection (1) to both the owner and the occupier of the premises.
4: Every person must, on entering any premises under subsection (1), and when requested at any subsequent time, produce to the person in charge of the premises—
a: evidence of that person's authority to enter the premises; and
b: evidence of that person's identity. Section 83 substituted 1 April 2010 section 13 Electricity Amendment Act 2006
10: Registration and licensing of electrical workers and employer licences
Part 10 substituted 1 April 2010 section 13 Electricity Amendment Act 2006
1: Electrical worker registration and licensing
Subpart 1 heading inserted 1 April 2010 section 13 Electricity Amendment Act 2006 Classes of registration Heading inserted 1 April 2010 section 13 Electricity Amendment Act 2006
84: Classes of registration may be designated by Board
1: The Board may, by notice
a: designate classes of registration for the purposes of registration under this subpart; and
b: specify for each of those classes the prescribed electrical work that a person is authorised to do, or assist in doing, by virtue of being a registered person of a particular class and holding a current practising licence.
2: The notice may describe the classes of registration in any way the Board thinks fit, including in 1 or more of the following ways:
a: by reference to a name or form of words that is commonly understood by persons who carry out electrical work:
b: by reference to an area of science or learning:
c: by reference to tasks commonly performed.
3: In specifying the work that may be carried out by registered persons who hold current practising licences, the Board may impose limitations on the circumstances in which a registered person may do, or assist in doing, that work.
4: The Board may not make a notice under this section unless the Minister approves the proposed notice under section 89
5: A notice under this section is secondary legislation ( see Part 3 The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under this section. Legislation Act 2019 requirements for secondary legislation made under this section Publication The maker must: LA19 ss 73 74(1)﻿(a) cl 14 •	publish it in the Gazette •	make it available at all reasonable times on a website maintained by or on behalf of the Board •	make it available at the office of the Board during business hours, for inspection free of charge and purchase for a reasonable fee Presentation The Minister must present it to the House of Representatives LA19 s 114 cl 32(1)﻿(a) Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act. Section 84 substituted 1 April 2010 section 13 Electricity Amendment Act 2006 Section 84(1) amended 28 October 2021 section 3 Secondary Legislation Act 2021 Section 84(4) inserted 28 October 2021 section 3 Secondary Legislation Act 2021 Section 84(5) inserted 28 October 2021 section 3 Secondary Legislation Act 2021
85: Board may prescribe other registration and licensing matters
1: The Board may, by notice
a: prescribe for each class of registration the minimum standards for registration (including standards relating to required competence, qualifications, and experience) that persons must meet in order to be registered as registered persons and to be issued with practising licences; and
b: prescribe for each class of registration the terms and conditions subject to which persons are registered as registered persons; and
c: prescribe for each class of registration the terms and conditions subject to which practising licences are issued; and
d: prescribe requirements relating to the completion of competence programmes in respect of persons who—
i: apply for practising licences or provisional licences; or
ii: hold practising licences or provisional licences; or
iii: apply for renewals of practising licences or provisional licences; and
e: prescribe requirements relating to competent and safe work practices and the testing of those practices; and
f: recognise any overseas qualification, certificate, registration, or licence as satisfying a particular minimum standard for registration (in whole or in part) if, in the opinion of the Board, that overseas qualification, certificate, registration, or licence is equivalent to, or as satisfactory as, the standard, or part of the standard, that is treated as being satisfied.
2: The terms and conditions referred to in subsection (1)﻿(c) may include, for example,—
a: a term that authorises the person to test or certify work or to supervise work:
b: a condition that requires compliance with the requirements referred to in subsection (1)﻿(e):
c: a condition that requires the person to complete a competence programme:
d: a condition that imposes limitations on the circumstances in which the person may do, or assist in doing, work:
e: a condition that imposes limits on the work that the person may do, or assist in doing, under the practising licence.
3: The Board may make arrangements with the appropriate authorities controlling the registration, licensing, or recognition of electrical workers outside New Zealand for the reciprocal recognition of registration, licences, certificates, or other evidence of proficiency in electrical work.
4: The Board may not make a notice under this section unless the Minister approves the proposed notice under section 89
5: A notice under this section is secondary legislation ( see Part 3 The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under this section. Legislation Act 2019 requirements for secondary legislation made under this section Publication The maker must: LA19 ss 73 74(1)﻿(a) cl 14 •	publish it in the Gazette •	make it available at all reasonable times on a website maintained by or on behalf of the Board •	make it available at the office of the Board during business hours, for inspection free of charge and purchase for a reasonable fee Presentation The Minister must present it to the House of Representatives LA19 s 114 cl 32(1)﻿(a) Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act. Section 85 substituted 1 April 2010 section 13 Electricity Amendment Act 2006 Section 85(1) amended 28 October 2021 section 3 Secondary Legislation Act 2021 Section 85(4) inserted 28 October 2021 section 3 Secondary Legislation Act 2021 Section 85(5) inserted 28 October 2021 section 3 Secondary Legislation Act 2021
86: Minimum standards for registration
1: A notice under section 85
a: by requiring a degree or diploma or certificate of a stated kind recognised by the Board:
b: by requiring the successful completion of a competence programme, degree, or course of studies accredited by the Board:
c: by requiring a pass in a specified examination or any other assessment set by the Board or by another organisation approved by the Board:
d: by reference to registration with, or a licence issued by, an overseas organisation that performs functions that correspond wholly or partly to those performed by the Board:
e: by requiring experience in the provision of services of a particular kind:
f: by requiring a certain level of competence.
2: However, the minimum standards for registration prescribed under section 85 Section 86 substituted 1 April 2010 section 13 Electricity Amendment Act 2006
87: Principles guiding prescribing of registration and licensing matters
In prescribing matters under section 84 85
a: the matters must be necessary to—
i: protect the health or safety of members of the public; or
ii: promote the prevention of damage to property; or
iii: promote the competency of persons who do, or assist in doing, prescribed electrical work; or
iv: carry out, give effect to, or provide for a matter that is incidental to, or consequential on, the matters relating to subparagraph (i), (ii), or (iii); and
b: the matters may not unnecessarily restrict the registration or licensing of persons as electrical workers; and
c: the matters may not impose undue costs on electrical workers or on the public. Section 87 substituted 1 April 2010 section 13 Electricity Amendment Act 2006
88: Board must consult before
making
1: Before the Board makes section 84 85(1)﻿(a) to (e)
a: with persons who the Board considers are able to represent the views of electrical workers, or of classes of electrical workers, registered under this Act; and
b: with organisations—
i: that the Board considers will be substantially affected by the proposal; or
ii: whose members the Board considers will be substantially affected by the proposal.
2: A failure to comply with subsection (1) does not affect the validity of any notice made section 84 85(1)﻿(a) to (e) Section 88 substituted 1 April 2010 section 13 Electricity Amendment Act 2006 Section 88 heading amended 28 October 2021 section 3 Secondary Legislation Act 2021 Section 88(1) amended 28 October 2021 section 3 Secondary Legislation Act 2021 Section 88(2) amended 28 October 2021 section 3 Secondary Legislation Act 2021
89: Notices
made
1: The Board must, before making section 84 85
2: The Minister must, as soon as practicable after receiving a proposed notice under subsection (1), by written notice to the Board,—
a: approve it; or
b: decline to approve it.
3: If the Minister declines to approve a proposed notice,—
a: the Minister must indicate the grounds on which he or she declines to approve it; and
b: the Minister may direct the Board to prepare and submit a revised proposed notice; and
c: the Board must, as soon as practicable after receiving a direction under paragraph (b), submit a revised proposed notice under subsection (1).
4: Section 89 substituted 1 April 2010 section 13 Electricity Amendment Act 2006 Section 89 heading amended 28 October 2021 section 3 Secondary Legislation Act 2021 Section 89(1) amended 28 October 2021 section 3 Secondary Legislation Act 2021 Section 89(4) repealed 28 October 2021 section 3 Secondary Legislation Act 2021
90: Other provisions relating to notices under sections 84 and 85
Section 90 repealed 28 October 2021 section 3 Secondary Legislation Act 2021 How to become registered Heading inserted 1 April 2010 section 13 Electricity Amendment Act 2006
91: Entitlement to registration
An individual is entitled to be registered under this subpart if the individual satisfies the Board—
a: that he or she has complied with the application requirements in section 92
b: that he or she meets the applicable minimum standards for registration; and
c: that he or she is not precluded from being registered because of any action taken by the Board under section 147M
d: that he or she is a fit and proper person to be registered under this subpart; and
e: that he or she has paid the prescribed fee (if any). Section 91 substituted 1 April 2010 section 13 Electricity Amendment Act 2006
92: Applications for registration
1: An application for registration under this subpart must—
a: be sent or delivered to either—
i: the Registrar; or
ii: the Plumbers, Gasfitters, and Drainlayers Board if the application is to be considered by that Board under section 114
b: be in the prescribed form or, if there is no prescribed form, in the form required by the Board; and
c: contain, or be accompanied by, the information and documentation required by the Board; and
d: be accompanied by the prescribed fee (if any).
2: The Registrar must refer any application received by the Registrar under this section to the Board for consideration under section 95 Section 92 substituted 1 April 2010 section 13 Electricity Amendment Act 2006
93: Board may issue provisional licence pending consideration of application
1: The Board may, on payment of the prescribed fee (if any), issue to any person a provisional licence to carry out any specified electrical work.
2: The Board may issue the licence subject to any terms and conditions that the Board thinks fit.
3: A provisional licence authorises the holder, while the licence is in force pending the consideration of his or her application for registration or a practising licence (or both) under this subpart, to do, or assist in doing, the work that is specified in the licence. Section 93 substituted 1 April 2010 section 13 Electricity Amendment Act 2006
94: Duration of provisional licence
1: A provisional licence, unless it is sooner suspended or cancelled, is in force for the period, not exceeding 12 months, specified in the licence, but it may from time to time be renewed for a further period not exceeding 12 months.
2: The Board may, if it thinks fit, refuse to renew any provisional licence.
3: A provisional licence may be cancelled—
a: in any of the ways described in section 110(1)
b: if the Board considers that any of the terms or conditions of the licence have not been met; or
c: following the determination of an application for registration or a practising licence under this subpart. Section 94 substituted 1 April 2010 section 13 Electricity Amendment Act 2006
95: Board to consider application
1: The Board must consider each application for registration under this subpart as soon as practicable after receiving it.
2: In considering an application for registration under this subpart, the Board must,—
a: if the applicant has previously had his or her registration or practising licence cancelled under this Act, have regard to the reasons for that cancellation; and
b: observe the rules of natural justice; and
c: without limiting those rules, give an applicant—
i: notice of any matter that might result in the application being declined; and
ii: a reasonable opportunity to make submissions to the Board on the matter. Section 95 substituted 1 April 2010 section 13 Electricity Amendment Act 2006
96: Board to register applicant or decline application
1: If the Board is satisfied that the applicant is entitled, under section 91
a: register the applicant as a registered person of a particular class; and
b: send to the applicant a certificate of registration; and
c: enter details of that person's registration in the register; and
d: issue a unique identifier (for example, a registration number) to the applicant, and notify the applicant of that identifier.
2: If the Board is not satisfied that the applicant is entitled to be registered under this subpart, the Board must notify the applicant of—
a: the Board's decision; and
b: the applicant's right of appeal to the District Court
3: As soon as practicable after receiving the Board's direction under subsection (1), the Registrar must enter the details of the registration in the register. Section 96 substituted 1 April 2010 section 13 Electricity Amendment Act 2006 Section 96(2)﻿(b) amended 1 March 2017 section 261 District Court Act 2016
97: Registration subject to terms and conditions
1: The registration of a registered person is subject to—
a: the terms and conditions imposed by notices published under section 85(1)﻿(b)
b: any other terms and conditions that the Board thinks fit.
2: The Board may, by written notice to a registered person, revoke, amend, or add to any term or condition imposed under subsection (1).
3: Subsection (1)﻿(a) is subject to subsection (2) and section 107 Section 97 substituted 1 April 2010 section 13 Electricity Amendment Act 2006 How to become licensed Heading inserted 1 April 2010 section 13 Electricity Amendment Act 2006
98: Practising licence required
1: A registered person is not authorised to do, or assist in doing, prescribed electrical work that the person is otherwise authorised to do by virtue of that person's registration unless that person is the holder of a current practising licence issued under this subpart that authorises the person to do, or assist in doing, the work.
2: Subsection (1) is subject to sections 75 to 80
3: Any authority given under a practising licence issued under this subpart to a registered person to do, or assist in doing, any prescribed electrical work is sufficient authority for the person so authorised to do or, as the case may be, assist in doing that work.
4: Subsection (3) is subject to the terms and conditions imposed under section 103 Section 98 substituted 1 April 2010 section 13 Electricity Amendment Act 2006
99: Entitlement to practising licence
A registered person is entitled to be issued with a practising licence under this subpart for a class of registration in respect of which that person is registered if the individual satisfies the Board—
a: that he or she has complied with the application requirements in section 100
b: that he or she meets the current applicable minimum standards for registration; and
c: that he or she is not precluded from holding a licence because of any action taken by the Board under section 147M
d: that he or she is a fit and proper person to be issued with a practising licence; and
e: that he or she has paid the prescribed fee (if any). Section 99 substituted 1 April 2010 section 13 Electricity Amendment Act 2006
100: Applications for practising licence
1: An application for a practising licence under this subpart must—
a: be sent or delivered to either—
i: the Registrar; or
ii: the Plumbers, Gasfitters, and Drainlayers Board if the application is to be considered by that Board under section 114
b: be in the prescribed form or, if there is no prescribed form, in the form required by the Board; and
c: contain, or be accompanied by, the information and documentation required by the Board; and
d: be accompanied by the prescribed fee (if any).
2: The Registrar must refer any application received by the Registrar under this section to the Board for consideration under section 101 Section 100 substituted 1 April 2010 section 13 Electricity Amendment Act 2006
101: Board to consider application
1: The Board must consider each application for a practising licence under this subpart as soon as practicable after receiving it.
2: In considering an application for a practising licence under this subpart, the Board must,—
a: if the applicant has previously had his or her registration or practising licence cancelled under this Act, have regard to the reasons for that cancellation; and
b: observe the rules of natural justice; and
c: without limiting those rules, give the applicant—
i: notice of any matter that might result in the application being declined; and
ii: a reasonable opportunity to make submissions to the Board on the matter. Section 101 substituted 1 April 2010 section 13 Electricity Amendment Act 2006
102: Board to issue practising licence or decline application
1: If the Board is satisfied that the applicant is entitled, under section 99
a: issue to the applicant a practising licence for a class of registration in respect of which that person is registered; and
b: send to the applicant evidence of the issue of that practising licence; and
c: direct the Registrar to enter details of that person's practising licence in the register.
2: If the Board is not satisfied that the applicant is entitled to be issued with a practising licence under this subpart, the Board must notify the applicant of—
a: the Board's decision; and
b: the applicant's right of appeal to the District Court
3: As soon as practicable after receiving the Board's direction under subsection (1), the Registrar must enter the details of the practising licence in the register. Section 102 substituted 1 April 2010 section 13 Electricity Amendment Act 2006 Section 102(2)﻿(b) amended 1 March 2017 section 261 District Court Act 2016
103: Practising licence subject to terms and conditions
1: A practising licence issued to a registered person is subject to—
a: the terms and conditions imposed by notices published under section 85(1)﻿(c)
b: any other terms and conditions that the Board thinks fit.
2: The terms and conditions may include, for example,—
a: terms and conditions of the kind referred to in section 85(2)
b: a condition that imposes limits on the circumstances in which the particular practising licence holder may do, or assist in doing, work:
c: a condition that imposes limits on the work that the particular practising licence holder may do, or assist in doing, under the licence.
3: The conditions referred to in subsection (2)﻿(b) and (c) may be in addition to, or instead of, any other limits that would otherwise apply in respect of the class of registration concerned.
4: The Board may, by written notice to a registered person, revoke, amend, or add to any term or condition imposed under subsection (1).
5: Subsection (1)﻿(a) is subject to subsection (4) and section 107 Section 103 substituted 1 April 2010 section 13 Electricity Amendment Act 2006 Duration and renewal of practising licence Heading inserted 1 April 2010 section 13 Electricity Amendment Act 2006
104: Duration of practising licence
1: A practising licence issued under this subpart must specify the date of its expiry.
2: The date of expiry must not be later than 5 years after the date of the issue or renewal of the practising licence.
3: A practising licence continues in force until the close of the date of its expiry unless sooner suspended or cancelled under this Act. Section 104 substituted 1 April 2010 section 13 Electricity Amendment Act 2006
105: Applications for renewal of practising licence
1: An application for the renewal of a practising licence under this subpart—
a: must not be made earlier than 3 months before the licence's date of expiry; and
b: must be sent or delivered to either—
i: the Registrar; or
ii: the Plumbers, Gasfitters, and Drainlayers Board if the application is to be considered by that Board under section 114
c: must be in the prescribed form or, if there is no prescribed form, in the form required by the Board; and
d: must contain, or be accompanied by, the information and documentation required by the Board; and
e: must be accompanied by the prescribed fee (if any).
2: The Registrar must refer any application received by the Registrar under this section to the Board for consideration under section 106
3: If an application for the renewal of a practising licence is made before the licence's date of expiry but the licence has not been renewed before that date, the licence continues in force until the application is determined. Section 105 substituted 1 April 2010 section 13 Electricity Amendment Act 2006
106: Renewal of practising licence
1: A registered person is entitled to a renewal of his or her practising licence if the Board is satisfied that—
a: the person has complied with the application requirements in section 105
b: the person complies with the current applicable minimum standards for registration; and
c: there is no reason to believe that the person has breached any term or condition of the licence during the period before the licence is renewed; and
d: the person is a fit and proper person to hold a practising licence; and
e: the person has satisfied the requirements of a competence programme that the person is required to complete under subsection (5).
2: If the Board is satisfied that the registered person is entitled to a renewal of his or her practising licence, the Board must direct the Registrar to—
a: renew the licence for the period (not exceeding 5 years) that the Board thinks fit; and
b: send to the person notification of the Board's decision; and
c: enter details of the renewal in the register.
3: If the Board is not satisfied that the registered person is entitled to a renewal of his or her practising licence, the Board must notify the person of—
a: the Board's decision; and
b: the person's right of appeal to the District Court
4: For the purposes of subsection (1)﻿(c), the Board may, if it thinks fit, disregard a breach of a term or condition of the practising licence.
5: The Board may require a registered person to complete a competence programme before it renews that person's practising licence (regardless of whether or not the Board is satisfied of the matters referred to in subsection (1)﻿(a) to (d)) if the person is required to complete a competence programme when applying for a renewal of the licence in accordance with a condition or requirement imposed by a notice published under section 85
6: Despite subsection (1), if any fee or other money payable to the Board under this Act by the registered person has not been paid, the Board may refuse to renew that person's practising licence until that fee or other money is paid. Section 106 substituted 1 April 2010 section 13 Electricity Amendment Act 2006 Section 106(3)﻿(b) amended 1 March 2017 section 261 District Court Act 2016 Exemptions from registration and practising licence requirements and conditions Heading inserted 1 April 2010 section 13 Electricity Amendment Act 2006
107: Board may grant exemptions from registration and practising licence requirements and conditions
1: The Board may,—
a: by written notice to a person, exempt the person from compliance with—
i: the minimum standards for registration that the person must meet in order to be registered as a registered person or issued with a practising licence or to obtain a renewal of a practising licence; and
ii: any terms and conditions imposed by notices published under section 85
b: by notice
i: the minimum standards for registration that those persons must meet in order to be registered as registered persons or issued with practising licences or to obtain renewals of practising licences; and
ii: the terms and conditions imposed by notices published under section 85
2: The Board may grant an exemption subject to any terms and conditions that it thinks fit.
3: A notice under subsection (1)﻿(b) is secondary legislation ( see Part 3 The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under this section. Legislation Act 2019 requirements for secondary legislation made under this section Publication The maker must publish it in the Gazette LA19 ss 73 74(1)﻿(a) cl 14 Presentation The Minister must present it to the House of Representatives LA19 s 114 cl 32(1)﻿(a) Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act. Section 107 substituted 1 April 2010 section 13 Electricity Amendment Act 2006 Section 107(1)﻿(b) amended 28 October 2021 section 3 Secondary Legislation Act 2021 Section 107(3) replaced 28 October 2021 section 3 Secondary Legislation Act 2021 Competence Heading inserted 1 April 2010 section 13 Electricity Amendment Act 2006
108: Competence programmes
1: For the purpose of examining or improving the competence of persons who do, or assist in doing, prescribed electrical work, the Board may set or recognise competence programmes in respect of persons who—
a: apply for practising licences or provisional licences; or
b: hold practising licences or provisional licences; or
c: apply for renewals of practising licences or provisional licences.
2: Any competence programme may be made to apply generally in respect of all of those persons, or in respect of a specified person, or in respect of any specified class of those persons.
3: However, a registered person may be required by the Board to complete a competence programme only if 1 or more of the following applies:
a: the registration of the person or the practising licence held by the person is subject to a condition imposed by a notice published under section 85
b: the person is required to complete a competence programme in accordance with an applicable minimum standard for registration; or
c: the person is required to complete a competence programme in accordance with a requirement imposed by a notice published under section 85(1)﻿(d)
d: the person is required to complete a competence programme under Part 11
4: Any competence programme may require a person to do 1 or more of the following, within the period, or at the intervals, prescribed in the programme:
a: pass an examination:
b: complete a period of practical training:
c: complete a period of practical experience:
d: undertake a course of studies:
e: anything else that the Board considers appropriate.
5: The Board may specify a period within which the person to whom a competence programme applies must comply with the requirements of the programme.
6: The Board may exempt any person or class of persons from all or any of the requirements of a competence programme. Section 108 substituted 1 April 2010 section 13 Electricity Amendment Act 2006
109: Unsatisfactory results of competence programme
1: If any person who is required to complete a competence programme does not satisfy the requirements of the programme, the Board may make 1 or more of the following orders:
a: that the person's practising licence or provisional licence be subject to any condition that the Board considers appropriate:
b: that the person's practising licence or provisional licence be suspended:
c: that the person's application for a renewal of a practising licence or provisional licence be declined.
2: The Board may not suspend a licence under subsection (1) unless it has first—
a: informed the person concerned why it may suspend the licence of that person; and
b: given that person a reasonable opportunity to make written submissions and be heard on the question, either personally or by his or her representative.
3: The Registrar must ensure that a copy of the order made under subsection (1) is given to the person concerned.
4: An order made under subsection (1) takes effect from the day on which a copy of the order is given to the person concerned or from any date that is specified in the order, whichever is the later.
5: Any order made under subsection (1)﻿(a) or (b) remains in effect until the time that the person concerned has satisfied all the requirements of the competence programme, and for that purpose the Board may extend the period within which the person is required to satisfy those requirements. Section 109 substituted 1 April 2010 section 13 Electricity Amendment Act 2006 Cancellation and suspension Heading inserted 1 April 2010 section 13 Electricity Amendment Act 2006
110: Cancellation and suspension generally
1: The Board may cancel a person's registration, practising licence, or provisional licence—
a: if the person, by written notice, requests that the Board do so; or
b: if the Board believes on reasonable grounds that the person has died; or
c: in accordance with section 112
d: in accordance with section 113
e: in accordance with section 132
f: in accordance with Part 11
2: If a person's registration is cancelled, the practising licence held by the person for the class of registration concerned (if any) is also cancelled.
3: The Board may suspend—
a: a person's registration—
i: in accordance with section 113
ii: in accordance with Part 11
b: a person's practising licence or provisional licence—
i: in accordance with section 109
ii: in accordance with section 113
iii: in accordance with Part 11
4: The cancellation or suspension of the registration, practising licence, or provisional licence of a person under this Act does not affect that person's liability for any act or default occurring before the cancellation or suspension.
5: If a person is registered under this Part in respect of more than 1 class of registration, the Board may exercise its powers to cancel or suspend registration or a practising licence under this Act in respect of each of those classes or 1 or more of those classes as the Board thinks fit. Section 110 substituted 1 April 2010 section 13 Electricity Amendment Act 2006
111: Effect of suspension
1: If a person's registration is suspended,—
a: the person is not a registered person, for the class of registration concerned, for the period during which the registration is suspended; and
b: the practising licence held by the person for the class of registration concerned (if any) is also suspended for the period during which the registration is suspended.
2: If a person's practising licence is suspended, the person—
a: is not the holder of a current practising licence, for the class of registration concerned, for the period during which the licence is suspended; and
b: is not authorised to do, or assist in doing, work under that licence for the period during which the licence is suspended.
3: If a person's provisional licence is suspended, the person—
a: is not a provisional licence holder for the period during which the licence is suspended; and
b: is not authorised to do, or assist in doing, work under that licence for the period during which the licence is suspended.
4: At the end of the period of suspension, the person's registration, practising licence, or provisional licence is immediately revived (unless there is some other ground to suspend or cancel the registration or licence).
5: Subsections (1) and (2) do not prevent the Registrar from including information in the register in relation to the person under section 128(1)
6: Subsection (3) does not prevent the Registrar from including information in the register in relation to the person under section 128(2) Section 111 substituted 1 April 2010 section 13 Electricity Amendment Act 2006
112: Board may cancel registration or licence if obtained wrongfully
1: The Board may order the cancellation of a person's registration, practising licence, or provisional licence if it is satisfied that he or she—
a: obtained registration or obtained the licence by making a false or misleading representation or declaration (whether oral or written); or
b: was not entitled to be registered or issued with the licence.
2: The Board may not act under subsection (1) unless it has first—
a: informed the person concerned why it may act under that subsection; and
b: given that person a reasonable opportunity to make written submissions and be heard on the question, either personally or by his or her representative.
3: The Registrar must ensure that a copy of the order made under this section is given to the person concerned.
4: An order made under this section takes effect from the day on which a copy of the order is given to the person concerned or from any date that is specified in the order, whichever is the later. Section 112 substituted 1 April 2010 section 13 Electricity Amendment Act 2006
113: Cancellation or suspension of overseas qualification, certificate, registration, or licence
1: The Board may review the registration, practising licence, or provisional licence of a person who was registered or issued with the licence by virtue of an overseas qualification, certificate, registration, or licence if satisfied that—
a: the educational establishment that gave him or her an overseas qualification or certificate has cancelled or suspended it (or taken action equivalent to cancelling or suspending it); or
b: an overseas authority that maintains a register of people registered or licensed as electrical workers has, as a result of disciplinary action taken against the person,—
i: removed his or her name from that register; or
ii: cancelled his or her licence; or
iii: suspended his or her registration or licence; or
iv: taken action equivalent to an action referred to in subparagraph (i) or (ii) or (iii).
2: The form of a review under this section is at the Board's discretion.
3: However, in conducting the review, the Board must give the person concerned—
a: the particulars that are reasonably necessary to clearly inform the person of the substance of the grounds on which the Board has decided to carry out the review; and
b: a reasonable opportunity to make written submissions and be heard on the question, either personally or by his or her representative.
4: After the review, the Board may, if it thinks fit,—
a: order the suspension of the person's registration, practising licence, or provisional licence for any period it thinks fit; or
b: order the cancellation of the person's registration, practising licence, or provisional licence.
5: The Registrar must ensure that a copy of the order made under subsection (4) is given to the person concerned.
6: An order made under subsection (4) takes effect from the day on which a copy of the order is given to the person concerned or from any date that is specified in the order, whichever is the later. Section 113 substituted 1 April 2010 section 13 Electricity Amendment Act 2006 Miscellaneous provision Heading inserted 1 April 2010 section 13 Electricity Amendment Act 2006
114: Board may delegate power to Plumbers, Gasfitters, and Drainlayers Board to act under this subpart
1: The Board may delegate any of the functions or powers of the Board under this subpart, either generally or specifically, to the Plumbers, Gasfitters, and Drainlayers Board.
2: The Plumbers, Gasfitters, and Drainlayers Board may, unless the delegation provides otherwise, perform the function or exercise the power in the same manner, subject to the same restrictions, and with the same effect as if the Plumbers, Gasfitters, and Drainlayers Board were the Board.
3: If the Plumbers, Gasfitters, and Drainlayers Board purports to perform a function or exercise a power under a delegation, the Plumbers, Gasfitters, and Drainlayers Board—
a: is, in the absence of proof to the contrary, presumed to do so in accordance with the terms of that delegation; and
b: must produce evidence of its authority to do so, if reasonably requested to do so.
4: The Plumbers, Gasfitters, and Drainlayers Board must—
a: give effect to any direction given to it by the Board in relation to the performance of functions or the exercise of powers under this section; and
b: notify the Board if it has registered a person or issued a licence under this Act.
5: No delegation under this section—
a: affects or prevents the performance of any function or the exercise of any power by the Board; or
b: affects the responsibility of the Board for the actions of the Plumbers, Gasfitters, and Drainlayers Board acting under the delegation; or
c: is affected by any change in the membership of the Plumbers, Gasfitters, and Drainlayers Board or the Board. Section 114 substituted 1 April 2010 section 13 Electricity Amendment Act 2006
2: Employer licences
Subpart 2 heading inserted 1 April 2010 section 13 Electricity Amendment Act 2006
115: Employer licence
1: A person is, on application in the prescribed form (if any) and on payment of the prescribed fee (if any), entitled to be issued with an employer licence by the Board if the person satisfies the Board that the person will at all times maintain a system of operation—
a: that complies with the requirements that are prescribed by regulations; and
b: that is sufficient to ensure that employees of that person who do, or assist in doing, prescribed electrical work—
i: are competent to carry out the range of work for which they are employed; and
ii: receive the supervision and training that is necessary to ensure that the work—
A: is carried out safely and competently; and
B: complies with the requirements of this Act and any regulations.
2: However, a person is not entitled to be issued with an employer licence if the person is precluded from holding an employer licence because of any action taken by the Board under section 120
3: The Board may impose in respect of any employer licence issued under this section any terms and conditions that the Board thinks fit (for example, by restricting the types of prescribed electrical work that may otherwise be done under the licence). Section 115 substituted 1 April 2010 section 13 Electricity Amendment Act 2006
116: Requirements treated as satisfied if person obtains certification from approved person
1: A person must be treated as maintaining a system of operation described in section 115(1)﻿(a) and (b)
2: A certification under subsection (1) ceases to have effect if—
a: the approved person, by notice in writing to the certificate holder, revokes the certificate; or
b: the term of the certification comes to an end.
3: For the purposes of this section, approved person
a: a person designated by regulations as an approved person:
b: a member of a class of persons designated by regulations as a class of approved persons. Section 116 substituted 1 April 2010 section 13 Electricity Amendment Act 2006
117: Prescribed electrical work may be done under employer licence
1: An employer licence authorises the licence holder to authorise any employee of that person to do, or assist in doing, any prescribed electrical work.
2: Any authority given under an employer licence to any person to do, or assist in doing, any prescribed electrical work is sufficient authority for the person so authorised to do or, as the case may be, assist in doing that work.
3: This section is subject to the terms and conditions imposed under section 115 Section 117 substituted 1 April 2010 section 13 Electricity Amendment Act 2006
118: Duration of employer licence
An employer licence, unless it is sooner cancelled or suspended, is in force for the period (not exceeding 5 years) that is specified in the licence, and comes into force on the date of its issue. Section 118 substituted 1 April 2010 section 13 Electricity Amendment Act 2006
119: Renewal of employer licence
1: Every employer licence, unless it has been cancelled, may from time to time be renewed in accordance with this section.
2: An application for the renewal of an employer licence must—
a: be sent or delivered to the Registrar; and
b: be in the prescribed form or, if there is no prescribed form, in the form required by the Board; and
c: contain, or be accompanied by, the information and documentation required by the Board; and
d: be accompanied by the prescribed fee (if any).
3: The Registrar must refer any application received by the Registrar under subsection (2) to the Board for consideration under this section.
4: On receiving an application under subsection (3), the Board may renew the employer licence to which the application relates for the period (not exceeding 5 years) that the Board thinks fit.
5: However, the Board must not renew an employer licence unless the Board is satisfied that the applicant meets all the requirements for the issue of an employer licence.
6: If an application for the renewal of an employer licence has been made but not dealt with before the licence expires, the licence continues in force until the application is dealt with by the Board, and any renewal in that case must take effect from the date on which the licence would (but for the renewal) have expired. Section 119 substituted 1 April 2010 section 13 Electricity Amendment Act 2006
120: Cancellation, suspension, and other actions in relation to employer licences
1: The Board may (in relation to a matter raised by a complaint or by its own inquiries) take any of the actions referred to in subsection (2) in relation to an employer licence if it is satisfied that the employer licence holder—
a: obtained the licence by making a false or misleading representation or declaration (whether oral or written); or
b: was not entitled to be issued with an employer licence; or
c: no longer meets all the requirements for the issue of an employer licence; or
d: has failed to comply with any term or condition imposed by the Board in respect of that licence; or
e: has failed to ensure that the prescribed electrical work done by employees of that person—
i: is at all times carried out safely and competently; and
ii: complies with the requirements of this Act and any regulations.
2: In any case to which subsection (1) applies, the Board may—
a: do both of the following things:
i: order that the employer licence be cancelled; and
ii: order that the employer licence holder may not apply to be issued with an employer licence before the expiry of a specified period:
b: order that the employer licence be suspended—
i: for any period that the Board thinks fit; or
ii: until the employer licence holder does any things that the Board may specify (for example, reviewing and improving safety procedures):
c: order that the employer licence be restricted, for any period that the Board thinks fit, by limiting the prescribed electrical work that the employer licence holder may authorise an employee to do, or assist in doing, to the work that the Board may specify, and in imposing a limitation of this type the Board may also impose limitations on the circumstances in which an employee may do, or assist in doing, that work:
d: order the employer licence holder to pay a fine not exceeding $50,000:
e: order that the employer licence holder be censured:
f: make no order under this subsection.
3: The Board may take only 1 type of action in subsection (2) in relation to a case, except that it may impose a fine under subsection (2)﻿(d) in addition to taking the action under subsection (2)﻿(b), (c), or (e).
4: No fine may be imposed under subsection (2)﻿(d) in relation to an act or omission that constitutes an—
a: offence for which the person has been convicted by a court; or
b: infringement offence for which the person has been issued with an infringement notice and has paid an infringement fee.
5: The Board may take an action under this section whether or not the person is still an employer licence holder. Section 120 substituted 1 April 2010 section 13 Electricity Amendment Act 2006
121: Board must give employer licence holder reasonable opportunity to be heard
The Board must not take any of the actions referred to in section 120
a: informed the employer licence holder concerned as to why it may take any of those actions; and
b: given that person a reasonable opportunity to make written submissions and be heard on the question, either personally or by that person's representative. Section 121 substituted 1 April 2010 section 13 Electricity Amendment Act 2006
122: Miscellaneous provisions concerning actions under section 120
1: Every fine imposed under section 120
2: An order under section 120
3: If a person's employer licence is suspended, the person is not authorised under section 117
4: At the end of a period of suspension, the person's employer licence is immediately revived (unless there is some other ground to suspend or cancel that person's employer licence). Section 122 substituted 1 April 2010 section 13 Electricity Amendment Act 2006
123: Powers of inspection
1: Every employer licence is subject to a condition that—
a: any person authorised by the Board for the purpose may, for an authorised purpose, at any reasonable time, inspect any premises (not being a dwellinghouse) occupied by the employer licence holder, and for that purpose may enter and re-enter any place:
b: the Board may, for an authorised purpose,—
i: require the employer licence holder to produce for inspection, within any reasonable period that the Board may specify, any document or class of document in the possession or under the control of the employer licence holder, and may take copies of, or extracts from, any of those documents:
ii: require the employer licence holder to provide, within any reasonable period that the Board may specify, any information or class of information that the Board may require.
2: If the employer licence holder breaches a condition expressed in subsection (1), the Board may act under section 120
3: A person must give to the employer licence holder reasonable notice of that person's intention to enter any premises under subsection (1)﻿(a), unless the giving of the notice would defeat the purpose of the entry.
4: Every person must, on entering any premises under subsection (1)﻿(a), and when requested at any subsequent time, produce—
a: evidence of that person's authority to enter the premises; and
b: evidence of that person's identity.
5: The following are authorised purposes
a: the purpose of ensuring compliance with the terms and conditions of the employer licence:
b: the purpose of ensuring that the prescribed electrical work done by employees of the employer licence holder—
i: is at all times carried out safely and competently; and
ii: complies with the requirements of this Act and any regulations. Section 123 substituted 1 April 2010 section 13 Electricity Amendment Act 2006
3: Register of electrical workers
Subpart 3 heading inserted 1 April 2010 section 13 Electricity Amendment Act 2006
124: Register of electrical workers
1: The Board must establish and maintain, in accordance with this Act, a register of electrical workers.
2: The register must be kept by the Registrar. Section 124 substituted 1 April 2010 section 13 Electricity Amendment Act 2006
125: Registrar must enter matters in register
The Registrar must—
a: enter in the register the information and documentation referred to in sections 128 129
b: make any other entries in the register that may be required, permitted, or directed to be entered by or under this Act. Section 125 substituted 1 April 2010 section 13 Electricity Amendment Act 2006
126: Purpose of register
1: The purpose of the register is—
a: to enable members of the public to—
i: determine whether a person is a registered person or holds a practising licence, provisional licence, or employer licence issued under this Part and, if so, the status and relevant history of the person's registration or licence; and
ii: choose a suitable person to do electrical work; and
iii: know how to contact a registered person or a provisional licence holder or an employer licence holder; and
iv: obtain information concerning which persons have been disciplined under this Act within the last 3 years; and
b: to enable members of the public to obtain information concerning whether or not a person has previously been registered under this Act or held a licence under this Act and, if so, the relevant history of the person's registration or licence; and
c: to facilitate the administrative, disciplinary, and other functions of the Board, the Plumbers, Gasfitters, and Drainlayers Board, the Secretary, any investigator, and the Registrar under this Act.
2: This section is subject to section 137 Section 126 substituted 1 April 2010 section 13 Electricity Amendment Act 2006
127: Form of register
1: The register may be kept—
a: as an electronic register; or
b: in any other manner that the Registrar thinks fit.
2: The Registrar may keep the register in separate parts.
3: The register must be operated at all times unless—
a: the Registrar suspends the operation of the register, in whole or in part, in accordance with subsection (4); or
b: otherwise provided in regulations.
4: The Registrar may refuse access to the register or otherwise suspend the operation of the register, in whole or in part, if the Registrar considers that it is not practical to provide access to the register. Section 127 substituted 1 April 2010 section 13 Electricity Amendment Act 2006
128: Matters to be contained in register
1: The register must contain all of the following information, to the extent that the information is relevant, for each registered person:
a: full name; and
b: street address, telephone number, and email address (if any); and
c: the following information about the status and history of the person's registration and practising licence (if any):
i: the class or classes of registration in respect of which the person is registered; and
ii: the date on which the person was first registered in respect of each of those classes; and
iii: whether, in respect of each of those classes, the person holds a current practising licence; and
iv: the date on which the person was first issued with a practising licence for a particular class of registration; and
v: the expiry date of each practising licence held by the person; and
vi: a statement of the limitations subject to which the person is registered or a practising licence has been issued (if any); and
vii: any conditions placed on the registration or licence of the person; and
viii: any action taken under section 127 section 147M
ix: any current suspension, the ground under this Act for the suspension, its period, and any conditions for its termination; and
d: information about any cancellation of the registration of the person or of any licence held by the person under this Act, including the ground under this Act for the cancellation.
2: The register must contain all of the following information, to the extent that the information is relevant, for each provisional licence holder and each employer licence holder:
a: full name; and
b: street address, telephone number, and email address (if any); and
c: the following information about the status and history of the person's licence:
i: the type of licence held by the person; and
ii: the date on which the person was first issued with the licence; and
iii: the period for which the licence has been issued; and
iv: a statement of the limitations subject to which the licence has been issued (if any); and
v: any conditions placed on the licence; and
vi: any action taken under section 127 section 120 section 147M
vii: any current suspension, the ground under this Act for the suspension, its period, and any conditions for its termination; and
d: information about any cancellation of the registration of the person or of any licence held by the person under this Act, including the ground under this Act for the cancellation; and
e: the following information about an employer licence holder that is a body corporate:
i: the full name of a contact person for the body corporate:
ii: the company number or incorporation number of the body corporate (if any).
3: The register must contain—
a: all of the information referred to in subsection (1), to the extent that the information is relevant, in relation to a person who was formerly a registered person; and
b: all of the information referred to in subsection (2), to the extent that the information is relevant, in relation to a person who was formerly a provisional licence holder or formerly an employer licence holder; and
c: all other information and documentation that is prescribed as information and documentation that must be included in the register.
4: The register may contain any other information or documentation that the Registrar considers necessary or desirable for the purposes of the register.
5: For the purposes of this section, disciplinary matter Section 128 substituted 1 April 2010 section 13 Electricity Amendment Act 2006
129: Historical registration and licence information and documentation to be included in register
1: This section applies to all of the information and documentation contained in the registers that were kept under section 87
2: The information and documentation that this section applies to must be maintained as part of the register.
3: The inclusion of that information and documentation as part of the register—
a: does not confer any rights or privileges on any person; and
b: does not authorise any person to do prescribed electrical work or to assist in doing prescribed electrical work. Section 129 substituted 1 April 2010 section 13 Electricity Amendment Act 2006
130: Duty to notify change of address
1: If a practising licence holder, a provisional licence holder, or an employer licence holder changes that person's street address that is recorded in the register, that person must, within 3 months after the change, notify the Registrar of that person's new street address.
2: The Registrar must enter the new address in the register.
3: Every person who breaches subsection (1) commits an offence and is liable on Section 130 substituted 1 April 2010 section 13 Electricity Amendment Act 2006 Section 130(3) amended 1 July 2013 section 413 Criminal Procedure Act 2011
131: Duty to notify change of name
1: If a practising licence holder, a provisional licence holder, or an employer licence holder changes that person's name, that person must, within 1 month after the change, notify the Registrar of the person's new name.
2: If the Registrar is satisfied that a registered person, a provisional licence holder, or an employer licence holder has changed that person's name, or that it is wrongly entered in the register, the Registrar must correct the entry in the register relating to that person.
3: Every person who breaches subsection (1) commits an offence and is liable on Section 131 substituted 1 April 2010 section 13 Electricity Amendment Act 2006 Section 131(3) amended 1 July 2013 section 413 Criminal Procedure Act 2011
132: Revision of register
1: The Registrar may at any time, and must if the Board directs, ask whether—
a: a registered person wishes to have that person's registration or practising licence cancelled; or
b: a provisional licence holder or an employer licence holder wishes to have that person's licence cancelled.
2: The Registrar must ask by letter addressed to the registered person, provisional licence holder, or employer licence holder at that person's last known street address.
3: If the registered person tells the Registrar in writing that the person wishes to have the person's registration or practising licence cancelled, the Board may order that the registration or practising licence be cancelled.
4: If the provisional licence holder or employer licence holder tells the Registrar in writing that the person wishes to have the person's licence cancelled, the Board may order that the licence be cancelled.
5: If the Registrar does not receive a reply to the letter within 3 months after it was posted, or if the letter is returned to the Registrar undelivered, the Registrar may give the registered person or provisional licence holder or employer licence holder notice in writing at that person's last known street address that the registration or practising licence (or both) of the registered person, or the licence of the provisional licence holder or employer licence holder, may be cancelled if that person does not respond within 20 working days after the date of the notice.
6: If the Registrar does not receive a reply within 20 working days after the date of the notice, the Board may order that—
a: the registered person's registration or practising licence (or both) be cancelled; or
b: the licence of the provisional licence holder or employer licence holder be cancelled. Section 132 substituted 1 April 2010 section 13 Electricity Amendment Act 2006
133: Restoration of registration or licence
1: This section applies to a person if the person's registration or licence has been cancelled under section 110(1)﻿(b) section 132
2: On the written application of a person to whom this section applies, the Registrar must restore the entry in the register relating to the person's registration or licence unless—
a: the person is not entitled to be registered or issued with the licence; or
b: the person is subject to pending disciplinary proceedings under Part 11
c: the person is subject to an order under section 120(2)﻿(a) section 147M(1)﻿(a) Section 133 substituted 1 April 2010 section 13 Electricity Amendment Act 2006
134: Board may direct Registrar to record cancellation, suspension, or order
The Board may direct the Registrar to enter in the register information relating to—
a: a cancellation of registration or of a licence; or
b: a suspension of registration or of a licence; or
c: any decision, direction, or order made under section 120 Part 11 Section 134 substituted 1 April 2010 section 13 Electricity Amendment Act 2006
135: Alterations to register
The Registrar may make any amendments to the register that are necessary to—
a: reflect any changes in the information specified in section 128
b: correct a mistake caused by any error or omission on the part of the Registrar or any person to whom the Registrar has delegated his or her functions, duties, or powers; or
c: comply with a direction given by the Board. Section 135 substituted 1 April 2010 section 13 Electricity Amendment Act 2006
136: Register to be public
1: The register must be open for public inspection during ordinary office hours at the place where it is kept.
2: The Registrar must, on payment of the prescribed fee (if any), supply—
a: a copy of any entry in the register to any person requesting it; or
b: a certified copy of any entry in the register to any person requesting it.
3: The fee charged under subsection (2)﻿(a) must be not more than the fee that may be charged by a department of State for providing information under the Official Information Act 1982 Section 136 substituted 1 April 2010 section 13 Electricity Amendment Act 2006
137: Restricting public access to information and documents on register
1: Despite section 136
a: may restrict public access to all or any of the information referred to in section 128(1)﻿(b), (2)﻿(b), or (2)﻿(e)﻿(i)
b: must restrict public access to any information or documentation referred to in section 128(1)﻿(c)﻿(viii), (2)﻿(c)﻿(vi), (3), or (4) section 129
i: required to do so by regulations made under section 169
ii: directed to do so by the Board.
2: For the purposes of subsection (1)﻿(b), the Board may direct the Registrar to restrict public access to any information or documents referred to in that paragraph if, in the opinion of the Board, it is not necessary, or it is not desirable, for the information or documents to be publicly available. Section 137 substituted 1 April 2010 section 13 Electricity Amendment Act 2006
138: Search of register
A person may search the register in accordance with this Act or the regulations. Section 138 substituted 1 April 2010 section 13 Electricity Amendment Act 2006
139: Search criteria
The register may be searched only by reference to criteria to be specified in the regulations. Section 139 substituted 1 April 2010 section 13 Electricity Amendment Act 2006
140: Search purposes
A search of the register may be carried out only for a purpose referred to in section 126 Section 140 substituted 1 April 2010 section 13 Electricity Amendment Act 2006
141: When search constitutes interference with privacy of individual
A search of the register for personal information that has not been carried out in accordance with sections 138 to 140 section 69 Section 141 substituted 1 April 2010 section 13 Electricity Amendment Act 2006 Section 141 amended 1 December 2020 section 217 Privacy Act 2020
11: Disciplinary provisions
Part 11 substituted 1 April 2010 section 13 Electricity Amendment Act 2006 Preliminary provisions Heading inserted 1 April 2010 section 13 Electricity Amendment Act 2006
142: Persons to whom this Part applies
This Part applies to the following persons:
a: every registered person:
b: every provisional licence holder:
c: every person who is no longer a registered person but who was a registered person at the time of the relevant conduct:
d: every person who is no longer a provisional licence holder but who was a provisional licence holder at the time of the relevant conduct:
e: every person who is the subject of an order of the Board under this Part. Section 142 substituted 1 April 2010 section 13 Electricity Amendment Act 2006
143: Disciplinary offence
For the purposes of this Part, a person to whom this Part applies is guilty of a disciplinary offence if that person is found, in any proceedings under this Part, or in any appeal under Part 12
a: to have carried out or caused to be carried out prescribed electrical work—
i: in a negligent or incompetent manner; or
ii: in a manner contrary to any enactment relating to electrical supply or prescribed electrical work that was in force at the time the work was done; or
b: to have intentionally or negligently created a risk of serious harm to any person, or a risk of significant property damage, through—
i: having used or caused to be used faulty or improper fittings; or
ii: having carried out or caused to be carried out any prescribed electrical work; or
c: to have failed to have complied with a term or condition of the person's registration or licence; or
d: to have done prescribed electrical work that, under the terms of any restriction or limitation that applies to the prescribed electrical work that the person may do, the person is not authorised to do; or
e: to have intentionally deceived or attempted to deceive any registered person who is authorised to test and certify prescribed electrical work by—
i: purposely concealing inferior work or inferior fittings used as part of any works or electrical installation; or
ii: making any false or misleading statement (whether in writing or not) to that person; or
f: to have failed to provide any return required under any enactment relating to prescribed electrical work or to have provided a false or misleading return; or
g: to have employed, directed, or permitted any unauthorised person to do any prescribed electrical work. Section 143 substituted 1 April 2010 section 13 Electricity Amendment Act 2006 Complaints Heading inserted 1 April 2010 section 13 Electricity Amendment Act 2006
144: Complaints
1: Any person (including any person in the service of the Crown acting in his or her official capacity) may complain to the Board about the conduct of a person to whom this Part applies by making the complaint in the prescribed manner to the Registrar.
2: However, a complaint may not be made under subsection (1) by the Board, a member of the Board, or the Registrar.
3: The Registrar must, as soon as practicable after receiving a complaint,—
a: inform the Secretary; and
b: inform the person complained against of the general nature of the complaint.
4: However, if the Registrar is satisfied that the complaint is frivolous or vexatious,—
a: subsection (3) does not apply; and
b: section 145
c: the Registrar must inform the complainant that the complaint will not be investigated or proceeded with. Section 144 substituted 1 April 2010 section 13 Electricity Amendment Act 2006 Investigations Heading inserted 1 April 2010 section 13 Electricity Amendment Act 2006
145: Secretary must appoint investigator
1: The Secretary must, as soon as practicable after being informed by the Registrar of a complaint, appoint an investigator to investigate the complaint.
2: The person appointed as the investigator must not be—
a: a member of the Board; or
b: the person who made the complaint.
3: The appointment must be made in accordance with regulations (if any).
4: No investigator is personally liable for any act done or omitted to be done by the investigator in good faith in the performance or intended performance of the functions, duties, or powers of the investigator under this Act.
5: The Secretary must pay to the investigator, by way of remuneration and expenses for his or her services, the sum that is agreed upon between the investigator and the Secretary. Section 145 substituted 1 April 2010 section 13 Electricity Amendment Act 2006
146: Investigation of complaint
1: The investigator may require that a complaint be supported by any statutory declaration that the investigator thinks fit.
2: The investigator must—
a: determine whether, in the investigator's opinion, the complaint should be considered by the Board; and
b: report the investigator's findings to the Board.
3: The investigator may recommend that the Board make an order under section 147I
4: Before the investigator makes a determination that the complaint should be considered by the Board, the investigator or the Secretary—
a: must send particulars of the complaint to the person complained against; and
b: must give the person a reasonable opportunity to make written submissions and be heard on the matter, either personally or by that person's representative.
5: The Registrar must send a copy of the investigator's report under subsection (2) to the person complained against and to the complainant. Section 146 substituted 1 April 2010 section 13 Electricity Amendment Act 2006
147: Investigator's powers
1: An investigator, for the purpose of investigating a complaint,—
a: may, at any reasonable time, enter and re-enter any land or premises and—
i: inspect and test any prescribed electrical work on that land or those premises that is, or is intended to be, connected to a power supply:
ii: make any inquiries that are reasonably necessary to determine whether or not any prescribed electrical work on that land or those premises has been carried out in a competent and safe manner and in accordance with enactments relating to electrical supply or prescribed electrical work that were in force at the time the work was done; and
iii: generally do any other things on that land or those premises that are reasonably necessary to enable the investigation to be carried out; and
b: may, by written notice served on any person, require that person to—
i: produce for inspection, within any reasonable period that the investigator may specify, any document or class of document in the possession or under the control of the person:
ii: provide, within any reasonable period that the investigator may specify, any information or class of information that the investigator may require; and
c: may take copies of, or extracts from, any of the documents referred to in paragraph (b).
2: Subsection (1)﻿(a) applies in respect of dwellinghouses subject to section 147C
3: Every person who is required to supply information or documents to an investigator has the same privileges in relation to the supply of the information or documents as witnesses have in any court. Section 147 substituted 1 April 2010 section 13 Electricity Amendment Act 2006
147A: Secretary must supply warrant of authority
1: The Secretary must supply to an investigator who intends to act under section 147(1)﻿(a)
a: a reference to that provision; and
b: the full name of the investigator; and
c: a statement of the powers conferred by that provision.
2: A person who does not have a warrant supplied under this section must not represent himself or herself to be the holder of a warrant supplied under this section.
3: Every person commits an offence and is liable on
a: fails to comply with subsection (2); or
b: impersonates or falsely pretends to be a person named in a warrant supplied under this section. Section 147A inserted 1 April 2010 section 13 Electricity Amendment Act 2006 Section 147A(3) amended 1 July 2013 section 413 Criminal Procedure Act 2011
147B: Duties of investigator supplied with warrant of authority
1: An investigator supplied with a warrant of authority under section 147A
a: must carry and produce the warrant in accordance with section 159(1)﻿(d)
b: must, on the termination of his or her authority to act under section 147
c: must not purport to act under a warrant after the termination of his or her authority to act under section 147
2: Every person commits an offence and is liable on Section 147B inserted 1 April 2010 section 13 Electricity Amendment Act 2006 Section 147B(2) amended 1 July 2013 section 413 Criminal Procedure Act 2011
147C: Restriction on entry to dwellinghouse
1: Despite section 147
a: the consent of the occupier of the dwellinghouse; or
b: a warrant issued under subsection (2).
2: A District Court Judge, on the written application of the investigator, may, by warrant, authorise the investigator to enter a dwellinghouse.
3: The District Court Judge may authorise the investigator to enter a dwellinghouse under subsection (2)—
a: only if the Judge is satisfied that—
i: the proposed entry is necessary for the purposes of section 147
ii: the investigator has taken all reasonable steps to obtain the consent of the occupier to the proposed entry; and
b: subject to any conditions that the Judge thinks fit.
4: Section 159(1)﻿(e) section 147(1)﻿(a) Section 147C inserted 1 April 2010 section 13 Electricity Amendment Act 2006
147D: Investigator must give notice to occupier of dwellinghouse
An investigator must,—
a: if he or she intends to apply for a warrant under section 147C
b: before he or she enters a dwellinghouse under the authority of a warrant under section 147C Section 147D inserted 1 April 2010 section 13 Electricity Amendment Act 2006
147E: Notices to supply information or documents
Any notice given by an investigator under section 147(1)﻿(b)
a: it is in writing; and
b: it is signed by the investigator; and
c: it is given to the person or persons primarily concerned or to any person or organisation considered by the investigator to represent the person or persons primarily concerned. Section 147E inserted 1 April 2010 section 13 Electricity Amendment Act 2006
147F: Offence to fail to comply with notice to supply information or document
1: No person may,—
a: without reasonable excuse, refuse or fail to comply with a notice under section 147(1)﻿(b)
b: in purported compliance with the notice, supply information, or supply a document, knowing it to be false or misleading.
2: Every person who breaches subsection (1) commits an offence and is liable on Section 147F inserted 1 April 2010 section 13 Electricity Amendment Act 2006 Section 147F(2) amended 1 July 2013 section 413 Criminal Procedure Act 2011 Consideration of complaint by Board Heading inserted 1 April 2010 section 13 Electricity Amendment Act 2006
147G: Board must hold hearing if investigator reports that complaint should be considered by Board
1: If the investigator reports that a complaint should be considered by the Board, the Board must hold a hearing to determine whether it should exercise its disciplinary powers under section 147M
2: If the investigator reports that a complaint should not be considered by the Board, the Registrar must inform the complainant and the person complained against of that determination. Section 147G inserted 1 April 2010 section 13 Electricity Amendment Act 2006
147H: Notice of disciplinary proceedings
1: If the Board is required to hold a hearing in respect of any person, the Presiding Member of the Board must serve on the person concerned a notice—
a: that contains a statement to the effect that the investigator has reason to believe that a ground exists entitling the Board to exercise its powers under section 147M
b: that contains the particulars that are reasonably necessary to clearly inform the person of the substance of the grounds believed to exist; and
c: that specifies a date, being not less than 20 working days after the date of service of the notice, on which the Board intends to hear the matter.
2: The notice may require the person to whom the notice is addressed to notify the Board in writing, not later than 10 working days after the date of service of the notice, whether the person intends to appear before the Board at the hearing of the matter.
3: If the person fails to notify that person's intention under subsection (2), that person is entitled to appear and be heard at the hearing of the matter only on the conditions as to payment of costs and expenses or otherwise that the Board thinks fit.
4: Subsection (3) applies despite anything in section 147S section 156
5: Despite subsection (1)﻿(c), the Board may hear the matter earlier than 20 working days after the date of service of the notice if the person concerned agrees. Section 147H inserted 1 April 2010 section 13 Electricity Amendment Act 2006 Interim suspension or disqualification Heading inserted 1 April 2010 section 13 Electricity Amendment Act 2006
147I: Interim suspension or disqualification
1: The Board may make an order under subsection (2)—
a: before or after a notice has been served on a person under section 147H
b: if it is satisfied that it is necessary to do so having regard to the need to protect the safety of members of the public.
2: An order under this subsection is either—
a: an order suspending the person's practising licence or provisional licence; or
b: an order disqualifying a person from doing, or assisting in doing, prescribed electrical work that the person would otherwise be authorised to do or assist in doing.
3: An order under subsection (2) continues in force until—
a: the investigator determines that the complaint should not be considered by the Board; or
b: the Board determines that it should not exercise its disciplinary powers under section 147M
c: the Board does any of the things authorised by section 147M
4: The Board may make an order under subsection (2) on the recommendation of the investigator or on its own motion.
5: Despite section 156 Section 147I inserted 1 April 2010 section 13 Electricity Amendment Act 2006
147J: Form of interim suspension or disqualification order
1: Every order made under section 147I
a: be in writing; and
b: contain a statement of the reasons on which it is based; and
c: contain a clear statement of the right of the person in respect of whom it is made to apply to the Board for the revocation of the order; and
d: be signed by the Presiding Member of the Board.
2: A copy of an order made under section 147I Section 147J inserted 1 April 2010 section 13 Electricity Amendment Act 2006
147K: Revocation of interim suspension or disqualification
1: A person in respect of whom an order is made under section 147I
2: An application under subsection (1) must be heard within 5 working days after it is received by the Board.
3: The Board may grant or refuse the application as it thinks fit.
4: The Board may, on its own motion, revoke an order made under section 147I Section 147K inserted 1 April 2010 section 13 Electricity Amendment Act 2006
147L: Board must take reasonable steps to hold hearing as soon as practicable if it makes interim suspension or disqualification order
1: If the Board has made an order under section 147I
2: Subsection (1) does not apply after the order made under section 147I
3: This section is subject to section 147H Section 147L inserted 1 April 2010 section 13 Electricity Amendment Act 2006 Exercise of disciplinary powers Heading inserted 1 April 2010 section 13 Electricity Amendment Act 2006
147M: Disciplinary powers of Board
1: If the Board, after conducting a hearing, is satisfied that a person to whom this Part applies is guilty of a disciplinary offence, the Board may—
a: do 1 or more of the following things:
i: order that the person's registration or practising licence (or both) be cancelled:
ii: order that the person's provisional licence be cancelled:
iii: order that the person may not apply to be re-registered or re-licensed before the expiry of a specified period:
b: order that the person's registration or practising licence (or both), or the person's provisional licence, be suspended—
i: for any period that the Board thinks fit; or
ii: until that person does 1 or more of the things specified in subsection (2)
c: order that the person's registration or practising licence (or both), or the person's provisional licence, be restricted for any period that the Board thinks fit, in either or both of the following ways:
i: by limiting the person to the work that the Board may specify:
ii: by limiting the person to doing, or assisting in doing, work in certain circumstances (for example, by limiting the person to work only on approved premises or only in the employ of an approved employer):
d: order that the person be disqualified from doing or assisting in doing prescribed electrical work that the person would otherwise be authorised to do in that person's capacity as a person to whom this Part applies—
i: permanently, or for any period that the Board thinks fit; or
ii: until that person does 1 or more of the things specified in subsection (2):
e: order the person to do 1 or more of the things specified in subsection (2) within the period specified in the order:
f: order the person to pay a fine not exceeding $10,000:
g: order that the person be censured:
h: make no order under this subsection.
2: The things that the person can be required to do for the purposes of subsection (1)﻿(b), (d), and (e) are to—
a: pass any specified examination:
b: complete any competence programme or specified period of training:
c: attend any specified course of instruction.
3: The Board may take only 1 type of action in subsection (1) in relation to a case, except that it may impose a fine under subsection (1)﻿(f) in addition to taking the action under subsection (1)﻿(b), (c), (e) or (g).
4: No fine may be imposed under subsection (1)﻿(f) in relation to an act or omission that constitutes an—
a: offence for which the person has been convicted by a court; or
b: infringement offence for which the person has been issued with an infringement notice and has paid an infringement fee.
5: The Board must not exercise any authority conferred by this section in respect of any offence committed by any person before the date of that person's registration or, as the case may be, the date on which that person's provisional licence was issued if at that date the Board was aware of that person's conviction for that offence.
6: If a person is registered under Part 10 Section 147M inserted 1 April 2010 section 13 Electricity Amendment Act 2006
147N: Costs and expenses
In any case to which section 147M
a: the investigator's investigation of the complaint:
b: the prosecution of the complaint by the investigator:
c: the hearing by the Board. Section 147N inserted 1 April 2010 section 13 Electricity Amendment Act 2006
147O: Enforcement of fines, costs, and expenses
Every fine imposed under section 147M section 147N Section 147O inserted 1 April 2010 section 13 Electricity Amendment Act 2006
147P: Suspension, restriction, or disqualification may take effect immediately
1: The Board may order that an order under section 147I 147M(1)﻿(b) to (d)
2: If an order under section 147I 147M(1)﻿(b) to (d) Section 147P inserted 1 April 2010 section 13 Electricity Amendment Act 2006
147Q: Effect of disqualification
1: A person is not authorised to do or assist in doing prescribed electrical work for the period for which the person is disqualified from doing or assisting in doing that work.
2: At the end of the period of disqualification, the person's authorisation is immediately revived (unless there is some other ground to disqualify the person from doing or assisting in doing prescribed electrical work or the person's authorisation has otherwise ended). Section 147Q inserted 1 April 2010 section 13 Electricity Amendment Act 2006
147R: Consequences of failure to comply with order to pass examination, complete competence programme, or attend course of instruction
1: If the Board makes an order under section 147M(1)﻿(e)
a: that the person's registration, practising licence, or provisional licence be subject to any condition that the Board considers appropriate:
b: that the person's registration, practising licence, or provisional licence be suspended.
2: The Board may not suspend registration or a licence under subsection (1) unless it has first—
a: informed the person concerned why it may act in that manner; and
b: given that person a reasonable opportunity to make written submissions and be heard on the question, either personally or by his or her representative.
3: The Registrar must ensure that a copy of the order made under subsection (1) is given to the person concerned.
4: An order made under subsection (1) takes effect from the day on which a copy of the order is given to the person concerned or from any date that is specified in the order, whichever is the later.
5: Any order made under subsection (1) remains in effect until the time that the person concerned has complied with the order under section 147M(1)﻿(e) Section 147R inserted 1 April 2010 section 13 Electricity Amendment Act 2006 Procedure and miscellaneous matters Heading inserted 1 April 2010 section 13 Electricity Amendment Act 2006
147S: Right to appear and be heard
At a hearing held by the Board under this Part, the person to whom the hearing relates is entitled to appear and be heard, either personally or by the person's representative. Section 147S inserted 1 April 2010 section 13 Electricity Amendment Act 2006
147T: Investigator to prosecute matter
1: If the investigator reports that in the investigator's opinion a complaint should be considered by the Board, the matter must be prosecuted by the investigator at the hearing held by the Board under this Part (unless the Board orders otherwise).
2: The investigator may be represented by counsel or otherwise. Section 147T inserted 1 April 2010 section 13 Electricity Amendment Act 2006
147U: Appointment of legal advisor to assist Board
1: For the purposes of advising the Board on questions of law and procedure arising in proceedings under this Part, the Board may appoint an advisor who is a barrister or solicitor to attend the proceedings.
2: The Board must pay to the advisor, by way of remuneration and expenses for his or her services for the proceedings, the sum that is agreed upon between the advisor and the Board. Section 147U inserted 1 April 2010 section 13 Electricity Amendment Act 2006
147V: Appointment of persons to assist investigator
1: For the purposes of assisting the investigator in the performance of the investigator's functions under this Part, the Secretary may appoint any person (the appointed person
2: The Secretary must pay to the appointed person, by way of remuneration and expenses for his or her services, the sum that is agreed upon between the appointed person and the Secretary.
3: No appointed person is personally liable for any act or omission done, in good faith, in the performance or exercise or intended performance or exercise of his or her functions or powers under this Act.
4: The investigator may delegate any of the functions or powers of the investigator, either generally or specifically, to the appointed person.
5: The appointed person may, unless the delegation provides otherwise, perform the function or exercise the power in the same manner, subject to the same restrictions, and with the same effect as if the appointed person were the investigator.
6: If the appointed person purports to perform a function or exercise a power under a delegation, the appointed person—
a: is, in the absence of proof to the contrary, presumed to do so in accordance with the terms of that delegation; and
b: must produce evidence of his or her authority to do so, if reasonably requested to do so.
7: No delegation under this section—
a: affects or prevents the performance of any function or the exercise of any power by the investigator; or
b: affects the responsibility of the investigator for the actions of the appointed person acting under the delegation. Section 147V inserted 1 April 2010 section 13 Electricity Amendment Act 2006
147W: Evidence
In all proceedings under this Part, the Board may, subject to section 156 Section 147W inserted 1 April 2010 section 13 Electricity Amendment Act 2006
147X: Board to have powers of commission of inquiry
1: The Board has, for the purposes of any hearing under this Part, the same powers as are conferred on commissions of inquiry by sections 4 4B to 9
2: Sections 4 4B to 9 Section 147X inserted 1 April 2010 section 13 Electricity Amendment Act 2006
147Y: Orders to be in writing
1: Every order of the Board under section 147M
a: be in writing; and
b: contain a statement of the reasons on which it is based; and
c: contain a clear statement of the right of the person in respect of whom it is made to appeal against the order, and the time within which notice of appeal must be given; and
d: be signed by the Presiding Member of the Board.
2: A copy of every order of the Board under section 147M
a: in accordance with section 147P
b: from the day on which service is effected, or any later date that is specified in the order.
3: The Registrar must ensure that a copy of any order made under section 147M
a: the investigator who investigated the complaint; and
b: the complainant (if any).
4: The Registrar must, if the Board so directs, give a copy of any order made under section 147M Section 147Y inserted 1 April 2010 section 13 Electricity Amendment Act 2006
147Z: Publication of orders
1: This section applies if—
a: any decision or order has been made by the Board under this Part in respect of a person, and no appeal has been brought in respect of that decision or order within 20 working days after notice of the decision or order was given to the person; or
b: an order has been made under Part 12
2: The Registrar must, if the Board in its discretion so directs, cause a notice stating the effect of the decision or order, the reasons for the decision or order, and (unless the Board directs otherwise) the name of the person in respect of whom the decision or order was made, to be published in the Gazette
3: This section is subject to any order of any court. Section 147Z inserted 1 April 2010 section 13 Electricity Amendment Act 2006
12: Appeals
Part 12 substituted 1 April 2010 section 13 Electricity Amendment Act 2006
147ZA: Appeals
1: A person who is dissatisfied with the whole or any part of any of the following decisions, directions, or orders may appeal to the District Court
a: any decision of the Board to decline to register the person or to decline to issue a licence to the person or to decline to renew the licence of the person:
b: any decision of the Board to decline to issue a limited certificate under section 78
c: any decision of the Board to suspend or cancel the person's registration or licence:
d: any decision of the Board to impose any term or condition in relation to the person's registration or licence or to vary any of those terms or conditions:
e: any decision, direction, or order under any of sections 108 109 120 133 137 153 Part 11 section 147C
2: For the purposes of this Part, any decision of the Plumbers, Gasfitters, and Drainlayers Board acting under this Act must be treated as a decision of the Board.
3: Subsection (1) does not confer a right to appeal against a decision under any of sections 84 to 90 Section 147ZA inserted 1 April 2010 section 13 Electricity Amendment Act 2006 Section 147ZA(1) amended 1 March 2017 section 261 District Court Act 2016
147ZB: Time for lodging appeal
An appeal under section 147ZA
a: 20 working days after notice of the decision, direction, or order was given to, or served on, the appellant; or
b: any further time that the District Court Section 147ZB inserted 1 April 2010 section 13 Electricity Amendment Act 2006 Section 147ZB(b) amended 1 March 2017 section 261 District Court Act 2016
147ZC: Procedure on appeal
1: Every appeal under section 147ZA
2: On the hearing of an appeal under section 147ZA
a: confirm, reverse, or modify the decision, direction, or order of the Board; or
b: give any decision, or make any direction or order, that the Board could have given or made in respect of the matter.
3: Nothing in this section gives the District Court
4: Subject to section 147ZH the District Court section 147ZA Section 147ZC inserted 1 April 2010 section 13 Electricity Amendment Act 2006 Section 147ZC(3) amended 1 March 2017 section 261 District Court Act 2016 Section 147ZC(4) amended 1 March 2017 section 261 District Court Act 2016
147ZD: Court may refer appeals back for reconsideration
1: The District Court section 147ZA
2: In giving any direction under subsection (1), the District Court must—
a: advise the Board of its reasons for so doing; and
b: give to the Board any directions it thinks just as to the whole or any part of the matter that is referred back for reconsideration.
3: In reconsidering any matter referred back to the Board under subsection (1), the Board must have regard to the District Court's reasons for giving a direction under that subsection, and to the court's directions under subsection (2). Section 147ZD inserted 1 April 2010 section 13 Electricity Amendment Act 2006 Section 147ZD(1) amended 1 March 2017 section 261 District Court Act 2016
147ZE: Costs
On any appeal under section 147ZA the District Court Section 147ZE inserted 1 April 2010 section 13 Electricity Amendment Act 2006 Section 147ZE amended 1 March 2017 section 261 District Court Act 2016
147ZF: Power of court to prohibit publication of person's name or affairs
1: On any appeal under section 147ZA the District Court
2: Every person commits an offence and is liable on Section 147ZF inserted 1 April 2010 section 13 Electricity Amendment Act 2006 Section 147ZF(1) amended 1 March 2017 section 261 District Court Act 2016 Section 147ZF(2) amended 1 July 2013 section 413 Criminal Procedure Act 2011
147ZG: Decision to continue in force pending appeal
Subject to any order of the court, every decision, direction, or order of the Board against which an appeal is lodged under section 147ZA Section 147ZG inserted 1 April 2010 section 13 Electricity Amendment Act 2006
147ZH: Appeal on question of law
1: If, in respect of any appeal under section 147ZA
2: Every appeal under this section must be heard and determined in accordance with rules of court.
3: Subpart 8 Criminal Procedure Act 2011 Section 147ZH inserted 1 April 2010 section 13 Electricity Amendment Act 2006 Section 147ZH(1) amended 1 July 2013 section 413 Criminal Procedure Act 2011 Section 147ZH(3) replaced 1 July 2013 section 413 Criminal Procedure Act 2011
13: Administration
Electrical Workers Registration Board
148: Electrical Workers Registration Board
1: There is hereby established a board called the Electrical Workers Registration Board.
2: The Board shall have all such powers as are reasonably necessary or expedient to enable the Board to carry out its functions. 1959 No 46 s 3(1) 1979 No 139 s 4(1)
149: Functions of Board
The functions of the Board are—
a: to designate classes of registration for the purposes of Part 10
b: to specify for each of those classes the prescribed electrical work that a person is authorised to do, or assist in doing, by virtue of being a registered person of a particular class and holding a current practising licence:
c: to prescribe the minimum standards for registration for each of those classes that persons must meet in order to be registered as registered persons and to be issued with practising licences:
d: to prescribe the terms and conditions subject to which persons are registered and licences are issued:
e: to prescribe standards or requirements relating to competent and safe work practices and the testing of those practices:
f: to recognise appropriate overseas qualifications, certificates, registration, or licences for the purposes of registering persons and issuing licences under Part 10
g: to consider applications for registration and licences under Part 10
h: to establish criteria for granting, and to grant, exemptions from registration and licensing requirements to persons and classes of persons:
i: to renew licences for subsequent terms in proper cases:
j: to issue limited certificates under Part 9
k: to promote, monitor, and review the ongoing competency and safe work practices of registered persons and licence holders:
l: to hear complaints about, and to discipline, persons to whom Part 11
m: to institute prosecutions against persons for the breach of this Act or any regulation relating to prescribed electrical work:
n: to consider any reports that are referred to the Board section 16
o: to exercise and perform any other functions, duties, and powers as are conferred or imposed on the Board by or under this Act or by or under any other enactment:
p: to do any other things as may, in the Board's opinion, be necessary for the effective administration of this Act:
q: to carry out any functions that are incidental and related to, or consequential on, its functions stated in this section. Section 149 substituted 1 April 2010 section 14 Electricity Amendment Act 2006 Section 149(n) amended 16 December 2013 section 22 WorkSafe New Zealand Act 2013
150: Membership
1: The Board consists of—
a: 4 persons who are registered, or entitled to be registered, under Part 10
b: 3 other persons, of whom at least 1 must be a person whom the Minister considers has appropriate electrical industry qualifications or experience.
2: The members of the Board shall be appointed by the Minister.
3: A person who is acting as an investigator under Part 11
4: Subject to subsection (3), any person appointed as a member of the Board may hold that office concurrently with any other office.
5: Section 150(1) substituted 1 April 2010 section 15(1) Electricity Amendment Act 2006 Section 150(3) substituted 1 April 2010 section 15(2) Electricity Amendment Act 2006 Section 150(5) repealed 1 April 2010 section 15(7) Electricity Amendment Act 2006
151: Registrar
1: There shall be a Registrar of the Board, who shall be appointed under the Public Service Act 2020
2: The office of Registrar may be held concurrently with any other office. 1959 No 46 s 8 1979 No 139 s 12 Section 151(1) amended 7 August 2020 section 135 Public Service Act 2020
152: Delegation of functions and powers
1: Except as otherwise provided in this Act, the Board may from time to time delegate any of its functions and powers to the Registrar.
2: No delegation under this section shall include—
a: the power to delegate under this section:
b: any function or power conferred or imposed on the Board by or under Part 11
3: Subject to any general or special directions given or conditions imposed by the Board, the Registrar may, without confirmation by the Board, exercise or perform the delegated powers or functions in the same manner and with the same effect as the Board could itself have exercised or performed them.
4: Where the Registrar purports to act pursuant to any such delegation, he or she shall be presumed to be acting in accordance with the terms of the delegation in the absence of proof to the contrary.
5: Every such delegation shall be revocable at will, and no such delegation shall prevent the exercise or performance of any power or function by the Board. 1979 No 139 s 13
153: Meetings to be held in public
1: Except as provided in this section, every meeting of the Board shall be in public.
2: The Board may deliberate in private as to its decision in any matter or as to any question arising in the course of any proceedings before it.
3: If the Board is of the opinion that it is proper to do so, having regard to the interests of any person and to the public interest, it may, of its own motion or on the application of any party to the proceedings,—
a: order that the whole or any part of a hearing shall be held in private:
b: make an order prohibiting the publication of any report or account of any part of any proceedings before it, whether held in public or in private:
c: make an order prohibiting the publication of the whole or any part of any documents produced at any hearing:
d: make an order prohibiting the publication of the name or any particulars of the affairs of—
i: any person who is the subject of proceedings before it:
ii: any other person.
4: Every application to the Board under subsection (3) shall be heard in private, but the other parties to the proceedings shall be entitled to be present and to make submissions with regard to the application.
5: In any case where a hearing of the Board is held in private, the Board may allow any particular person to attend the private hearing if it is satisfied that the person has a special and proper interest in the matter to be heard.
6: Unless reversed or modified in respect of its currency by the court on an appeal under Part 12
7: Every person commits an offence and is liable on $5,000 Section 153(6) amended 1 April 2010 section 16(1) Electricity Amendment Act 2006 Section 153(7) amended 1 July 2013 section 413 Criminal Procedure Act 2011 Section 153(7) amended 1 April 2010 section 16(2) Electricity Amendment Act 2006 Complaints Assessment Committees Heading repealed 1 April 2010 section 17(1) Electricity Amendment Act 2006
154: Complaints Assessment Committees
Section 154 repealed 1 April 2010 section 17(2) Electricity Amendment Act 2006
155: Secretary to maintain list
Section 155 repealed 1 April 2010 section 17(2) Electricity Amendment Act 2006 General provisions
156: Rules of natural justice to be observed
In carrying out their functions and duties under this Act, the Board and every investigator must Section 156 amended 1 April 2010 section 18 Electricity Amendment Act 2006
156A: Power to amend or revoke
1: The Board's power to make, issue, give, or publish any order, notice, exemption, or other instrument includes the power to—
a: amend or revoke it:
b: revoke it and replace it with another.
2: The Board's power to impose any terms or conditions includes the power to—
a: amend or revoke those terms or conditions:
b: revoke those terms or conditions and replace them with other terms or conditions.
3: This section does not limit section 48 Section 156A inserted 1 April 2010 section 19 Electricity Amendment Act 2006 Section 156A(3) amended 28 October 2021 section 3 Secondary Legislation Act 2021
156B: Notice and service of documents by Board, member, Registrar, or investigator
1: If a provision of this Act requires or authorises any notice or other document, or any notification, to be given to, or served on, a person by the Board, a member of the Board, the Registrar, or an investigator, that notice, document, or notification must be given in writing to the person—
a: by delivering it personally or by an agent (for example, a courier) to the person; or
b: by sending it by facsimile or email to the person's facsimile number or email address; or
c: by sending it by pre-paid post addressed to the person at the person's usual or last known place of residence or business; or
d: in any other manner a District Court Judge directs.
2: In the absence of proof to the contrary, a notice, document, or notification sent by post to a person in accordance with subsection (1)﻿(c) must be treated as having been given to, or served on, the person when it would have been delivered in the ordinary course of the post; and, in proving the delivery, it is sufficient to prove that the letter was properly addressed and posted.
3: If a person is absent from New Zealand, a notice, document, or notification given to, or served on, the person's agent in New Zealand in accordance with subsection (1) must be treated as having been given to, or served on, him or her.
4: If a person has died, the notice, document, or notification may be given or served, in accordance with subsection (1), to or on his or her personal representative.
5: This section applies unless a provision of this Act provides otherwise. Section 156B inserted 1 April 2010 section 19 Electricity Amendment Act 2006
157: Further provisions applying to Board
The provisions set out in Schedule 2 Section 157 substituted 1 April 2010 section 20 Electricity Amendment Act 2006
158: Review of operation of Act
1: As soon as practicable after the expiry of the period of 3 years beginning on the commencement of this section, and then at intervals of not more than 5 years, the Board shall—
a: review the operation of this Act (other than Parts 2 to 8
i: the date of the commencement of this section (in the case of the first review carried out under this paragraph); or
ii: the date of the last review carried out under this paragraph (in the case of every subsequent review); and
b: consider whether any amendments to this Act (other than Parts 2 to 8
c: report the Board's findings to the Minister.
2: As soon as practicable after receiving a report from the Board under subsection (1)﻿(c), the Minister shall lay a copy of that report before the House of Representatives.
14: Miscellaneous provisions
1: General electricity matters
Subpart 1 heading inserted 8 August 2001 Electricity Amendment Act 2001 Financial statements of customer and community trusts Heading repealed 1 November 2010 section 164(4) Electricity Industry Act 2010
158A: Community and customer trusts to prepare audited financial statements
Section 158A repealed 1 November 2010 section 164(4) Electricity Industry Act 2010
158B: Publication of audited financial statements
Section 158B repealed 1 November 2010 section 164(4) Electricity Industry Act 2010
158C: Auditor of trusts
Section 158C repealed 1 November 2010 section 164(4) Electricity Industry Act 2010
158D: Procedures for annual meeting to appoint auditor
Section 158D repealed 1 November 2010 section 164(4) Electricity Industry Act 2010
158E: Auditor-General to be auditor if no other auditor appointed
Section 158E repealed 1 November 2010 section 164(4) Electricity Industry Act 2010
158F: Application of sections 158A to 158E
Section 158F repealed 1 November 2010 section 164(4) Electricity Industry Act 2010 Complaints resolution system Heading repealed 1 November 2010 section 164(4) Electricity Industry Act 2010
158G: Complaints resolution system
Section 158G repealed 1 November 2010 section 164(4) Electricity Industry Act 2010 Powers of entry
159: Conditions relating to power to enter land or premises
1: Subject to subsections (2) and (3) and to sections 23A to 23E 31 , 83 147 to 147D section 169
a: entry to the land or premises shall only be made by the person specified in the relevant provision or any other person that the person so specified authorises in writing, either specifically or as a member of a class so authorised:
b: reasonable notice of the intention to enter shall be given unless the giving of the notice would defeat the purpose of the entry:
c: entry shall be made at reasonable times:
d: the person entering shall carry a warrant of authority or be working under the immediate control of a person holding such authority, which shall be produced on initial entry and, if requested, at any subsequent time:
e: entry into a dwellinghouse must be authorised by a warrant issued by an issuing officer (within the meaning of section 3 subpart 3
2: The conditions specified in subsection (1) shall not apply where the entry is necessary in circumstances of probable danger to life or property or where entry is necessary to maintain the continuity or safety of the supply and distribution of electricity.
3: Nothing in this section shall restrict rights of access in order to obtain consent to enter the land or premises for the authorised purposes 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 169 Defence Act 1990
5: Subparts 1 3 5 7 9 10 Part 4 1968 No 125 s 15A 1983 No 123 s 4 1987 No 111 s 5 Section 159(1) amended 1 April 2010 section 21 Electricity Amendment Act 2006 Section 159(1) amended 8 August 2001 section 11(2) Electricity Amendment Act 2001 Section 159(1)﻿(e) replaced 1 October 2012 section 315(2) Search and Surveillance Act 2012 Section 159(5) inserted 1 October 2012 section 315(3) Search and Surveillance Act 2012 Offences
160: False declarations and representations
Every person commits an offence and is liable on
a: either orally or in writing, makes any declaration or representation that, to the person's knowledge, is false or misleading in any material particular; or
b: provides to the Registrar, the Board, or the Plumbers, Gasfitters, and Drainlayers Board, any document knowing that the document—
i: contains any declaration or representation that is false or misleading in any material particular; or
ii: is not genuine; or
c: makes use of any document knowing that the document—
i: contains any declaration or representation that is false or misleading in any material particular; or
ii: is not genuine. Section 160 substituted 1 April 2010 section 22 Electricity Amendment Act 2006 Section 160 amended 1 July 2013 section 413 Criminal Procedure Act 2011
161: Unlicensed or unregistered person must not claim to be licensed or registered
Every person commits an offence and is liable on
a: not being registered or licensed under Part 10
i: does any act that is intended to cause or may reasonably cause any other person to believe that the person is so registered or licensed; or
ii: uses, or causes or permits to be used, in connection with any business, trade, or calling any written words, titles, or initials, or any abbreviation of any words, titles, or initials, that are intended to cause or may reasonably cause any other person to believe that the person using them is so registered or licensed; or
iii: in any way holds himself or herself or itself out as being so registered or licensed; or
b: knowing that some other person is not registered or licensed under Part 10
c: with intent to deceive, makes use of any certificate of registration or licence issued to that person or any other person under Part 10
d: allows a certificate of registration or a licence to be used by any other person for the purpose of enabling that other person to do any prescribed electrical work in breach of Part 9 Section 161 substituted 1 April 2010 section 22 Electricity Amendment Act 2006 Section 161 amended 1 July 2013 section 413 Criminal Procedure Act 2011
162: Offence to engage in prescribed electrical work in breach of section 74
Every person who does, or assists in doing, any prescribed electrical work in breach of section 74 Section 162 substituted 1 April 2010 section 22 Electricity Amendment Act 2006 Section 162 amended 1 July 2013 section 413 Criminal Procedure Act 2011
163: Offence to employ person to engage in prescribed electrical work in breach of section 74
Every person who employs any person under a contract of service to do, or assist in doing, any prescribed electrical work in breach of section 74 Section 163 substituted 1 April 2010 section 22 Electricity Amendment Act 2006 Section 163 amended 1 July 2013 section 413 Criminal Procedure Act 2011
163A: Offence to fail to comply with condition of employer licence
Every person who, being the holder of an employer licence, fails to comply with any condition of that licence commits an offence and is liable on Section 163A inserted 1 April 2010 section 22 Electricity Amendment Act 2006 Section 163A amended 1 July 2013 section 413 Criminal Procedure Act 2011
163B: Offence to breach requirement to have safety management system
Every person who, being an electricity generator or an electricity distributor, breaches section 61A Section 163B inserted 1 April 2010 section 22 Electricity Amendment Act 2006 Section 163B amended 1 July 2013 section 413 Criminal Procedure Act 2011
163C: Offences for actions or omissions likely to cause serious harm or significant property damage
1: Every person commits an offence if—
a: the person takes an action knowing that the action is reasonably likely to cause serious harm to any person or significant property damage; and
b: the action is contrary to a provision of this Act; and
c: the person fails to prevent, so far as is reasonably practicable, the serious harm or significant property damage.
2: Every person commits an offence if—
a: the person fails to take an action knowing that the failure to take the action is reasonably likely to cause serious harm to any person or significant property damage; and
b: the person is required by this Act to take the action; and
c: the person fails to prevent, so far as is reasonably practicable, the serious harm or significant property damage.
3: Every person who commits an offence under this section is liable on conviction
a: imprisonment for a term of not more than 2 years; or
b: a fine of not more than $100,000 in the case of an individual, or $500,000 in the case of a body corporate; or
c: both.
4: A person charged with an offence under this section may be convicted of an offence under any other section in this Act as if the person had been charged under that section.
5: To avoid doubt, a person required by this section to prevent, so far as is reasonably practicable, serious harm or significant property damage is required to take action only in respect of circumstances that the person knows, or ought reasonably to know, about.
6: Despite anything to the contrary in section 25 1992 No 96 s 49 Section 163C inserted 1 April 2010 section 22 Electricity Amendment Act 2006 Section 163C(1)﻿(c) replaced 4 April 2016 section 232 Health and Safety at Work Act 2015 Section 163C(2)﻿(c) replaced 4 April 2016 section 232 Health and Safety at Work Act 2015 Section 163C(3) amended 1 July 2013 section 413 Criminal Procedure Act 2011 Section 163C(5) replaced 4 April 2016 section 232 Health and Safety at Work Act 2015 Section 163C(6) inserted 1 July 2013 section 413 Criminal Procedure Act 2011
163D: Other offences
1: Every person commits an offence and is liable on
a: intentionally or negligently does or causes or permits to be done any work on any works or electrical installation or electrical appliance in a manner that is dangerous to life; or
b: knowingly employs, permits, or pays any person to do any prescribed electrical work in breach of section 74
c: being a person registered or licensed or authorised in accordance with this Act, does any prescribed electrical work that the person is not entitled under this Act to do; or
d: intentionally obstructs any person in the performance of any duty or in doing any work that the person has lawful authority to do under Part 3
e: intentionally hinders or obstructs any authorised person in the exercise of any powers conferred by or under section 83 123 147 section 169
2: Every person commits an offence and is liable on Part 9 Part 10
3: A charging document must not be filed Section 163D inserted 1 April 2010 section 22 Electricity Amendment Act 2006 Section 163D(1) amended 1 July 2013 section 413 Criminal Procedure Act 2011 Section 163D(2) amended 1 July 2013 section 413 Criminal Procedure Act 2011 Section 163D(3) amended 1 July 2013 section 413 Criminal Procedure Act 2011
164: Directors and officers of bodies corporate
1: If a body corporate is convicted of an offence against any provision of this Act or against any regulations made under section 169
2: Every person who is guilty of an offence pursuant to subsection (1) shall be liable on 1970 No 143 s 53(3) Section 164(2) amended 1 July 2013 section 413 Criminal Procedure Act 2011
165: Time for filing charging document
Despite anything to the contrary in section 25 section 163C section 169 Section 165 replaced 1 July 2013 section 413 Criminal Procedure Act 2011 Infringement offences Heading inserted 1 April 2010 section 24 Electricity Amendment Act 2006
165A: Infringement offences
1: If a person is alleged to have committed an infringement offence, the person may either—
a: be proceeded against by filing a charging document under section 14
b: be served with an infringement notice as provided in section 165B
2: Despite section 21 WorkSafe Criminal Procedure Act 2011 Section 165A replaced 1 July 2013 section 413 Criminal Procedure Act 2011 Section 165A(2) amended 16 December 2013 section 22 WorkSafe New Zealand Act 2013
165B: Infringement notices
1: WorkSafe
a: WorkSafe
b: WorkSafe
2: WorkSafe section 21
3: An infringement notice is revoked by giving written notice to the person to whom it was issued that the notice is revoked.
4: For the purposes of this section, enforcement action
a: in relation to WorkSafe
i: the filing of a charging document
ii: the issuing of an infringement notice under this Act; and
b: in relation to a person other than WorkSafe filing of a charging document Section 165B inserted 1 April 2010 section 24 Electricity Amendment Act 2006 Section 165B(1) amended 16 December 2013 section 22 WorkSafe New Zealand Act 2013 Section 165B(1)﻿(a) amended 16 December 2013 section 22 WorkSafe New Zealand Act 2013 Section 165B(1)﻿(b) amended 16 December 2013 section 22 WorkSafe New Zealand Act 2013 Section 165B(2) amended 16 December 2013 section 22 WorkSafe New Zealand Act 2013 Section 165B(4)﻿(a) amended 16 December 2013 section 22 WorkSafe New Zealand Act 2013 Section 165B(4)﻿(a)﻿(i) amended 1 July 2013 section 413 Criminal Procedure Act 2011 Section 165B(4)﻿(b) amended 16 December 2013 section 22 WorkSafe New Zealand Act 2013 Section 165B(4)﻿(b) amended 1 July 2013 section 413 Criminal Procedure Act 2011
165C: Procedural requirements for infringement notices
1: An infringement notice may not be issued by a person after the close of the 14th day after the person becomes aware of the alleged infringement offence.
2: An infringement notice may be served on a person—
a: by delivering it, or a copy of it, personally to the person who appears to have committed the infringement offence; or
b: by sending it, or a copy of it, by post, addressed to the person at the person's last known place of residence or business.
3: An
4: An infringement notice must be in the prescribed form and must contain—
a: details of the alleged infringement offence that are sufficient to fairly inform a person of the time, place, and nature of the alleged infringement offence; and
b: the amount of the infringement fee; and
c: an address at which the infringement fee may be paid; and
d: the time within which the infringement fee must be paid; and
e: a summary of the provisions of section 21(10)
f: a statement that the person served with the notice has a right to request a hearing; and
g: a statement of what will happen if the person served with the notice does not pay the fee and does not request a hearing; and
h: any other prescribed matters.
5: If an infringement notice has been issued, proceedings in respect of the infringement offence to which the notice relates may be commenced in accordance with section 21
a: reminder notices may be prescribed under regulations made under this Act; and
b: in all other respects, section 21
6: Reminder notices must contain the prescribed information. Section 165C inserted 1 April 2010 section 24 Electricity Amendment Act 2006 Section 165C(3) amended 1 July 2013 section 413 Criminal Procedure Act 2011
165D: Payment of infringement fee
WorkSafe Section 165D inserted 1 April 2010 section 24 Electricity Amendment Act 2006 Section 165D amended 16 December 2013 section 22 WorkSafe New Zealand Act 2013
165E: Effect of infringement notice
1: If an infringement notice is issued, a criminal record must not be created in respect of the infringement offence.
2: Subsection (1) does not prevent a court being told, for the purpose of sentencing a person convicted of an offence under this Act, that the person has paid, or is obliged to pay, an infringement fee for a particular infringement offence. Section 165E inserted 1 April 2010 section 24 Electricity Amendment Act 2006 Miscellaneous provisions
166: Payment of fees
1: All fees and other money payable under this Act to the Board shall be paid to the Registrar, who shall forthwith pay it into such bank account as the Board determines.
2: Where any fee is payable to the Board under this Act in respect of any matter, until the fee is paid to the Registrar the Registrar may decline to do any act, or to permit any act to be done, or to receive any document, in respect of which the fee is payable. 1959 No 46 s 24 1979 No 139 s 50 1989 No 44 s 86(1)
167: Certificate by Registrar to be evidence of various matters
1: A certificate purporting to be signed by the Registrar in relation to the matters referred to in subsection (2) is, until the contrary is proved, and without proof of the signature appended to the certificate, sufficient evidence of the matters specified in the certificate.
2: The matters are—
a: that, at any time or during any period specified in the certificate, any person was or was not a registered person or a holder of a particular class of licence:
b: that any entry in the register is as stated in the certificate or that any entry is absent from the register:
c: that any person has failed or refused to surrender any certificate or licence within 10 working days of a written demand by the Registrar to do so:
d: any matter relating to any act or proceeding of the Board or an investigator. Section 167 substituted 1 April 2010 section 25 Electricity Amendment Act 2006
168: Notices in relation to Maori land
1: Where a notice or other document is to be given to the owner of land for the purposes of this Act, then, in the case of Maori land, the notice or other document may be served on the Registrar of the Maori Land Court in accordance with Part 9 of the Maori Affairs Amendment Act 1974
2: In this section, the term Maori land section 4 Section 168(2) amended 1 July 1993 section 362(2) Te Ture Whenua Maori Act 1993 Regulations—General
169: Regulations
1: The Governor-General may from time to time, by Order in Council, make regulations for all or any of the following purposes: Electrical safety and related matters
1: providing for the removal of any works constructed 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 works, at the expense in all cases of the owner of the works:
2: securing the protection of persons and property from injury or damage caused through electricity, either directly or indirectly, by—
a: authorising, controlling, and prescribing conditions in respect of the design, construction, installation, maintenance, use, management, inspection, and testing of works, electrical installations, or associated equipment:
b: authorising, controlling, and prescribing conditions in respect of the design, installation, manufacture, maintenance, use, inspection, importation, exportation from New Zealand pursuant to the Conformity Cooperation Agreement, (including fittings and electrical appliances intended to be used in China after their exportation from New Zealand pursuant to the Conformity Cooperation Agreement)
c: prohibiting, or providing for the prohibition of, the manufacture, importation, exportation from New Zealand pursuant to the Conformity Cooperation Agreement, (including fittings and electrical appliances intended to be used in China after their exportation from New Zealand pursuant to the Conformity Cooperation Agreement)
d: requiring such types or categories of fittings and electrical appliances as are—
i: specified in the regulations; or
ii: from time to time declared by WorkSafe to be subject to the regulations ( see to be approved by WorkSafe before being offered for sale in New Zealand, and providing for the giving of such approval, for the specifying by WorkSafe of conditions subject to which such approval may be given, for the variation or withdrawal of any such approval, and for the revocation, variation, or addition of any condition of any such approval, and prescribing circumstances in which types or categories of fittings and electrical appliances are deemed to be approved by WorkSafe for the purposes of the regulations:
e: authorising, controlling, and prescribing conditions in respect of the design, manufacture, maintenance, use, inspection, and testing of electric fishing devices, including (without limitation)—
i: providing for the issue of certificates of competency to persons who wish to operate electric fishing devices; prescribing the persons or class or classes of persons who may issue such certificates or providing for the designation of such certifying authorities; providing for the specifying of conditions subject to which such certificates may be issued, and for the revocation, variation, and addition of any such condition; and providing for the suspension or cancellation of any such certificate:
ii: providing for the approval of electric fishing devices; prescribing the persons or class or classes of persons who may approve such devices or providing for the designation of such approving authorities; and providing for the specifying of conditions subject to which such approval may be given, for the variation or withdrawal of any such approval, and for the revocation, variation, and addition of any condition of any such approval:
iii: requiring electric fishing devices, or parts of electric fishing devices, or both, to carry marks enabling the ready identification of individual devices:
iv: requiring the operator of an electric fishing device to produce that person's certificate of competency, and the certificate of approval issued in respect of the device, and to supply to such person or class or classes of persons as are specified in the regulations such particulars relating to the identity of that operator (including that person's signature) as are prescribed in the regulations:
f: authorising, controlling, restricting, prescribing conditions in respect of, and, where necessary, prohibiting, the construction, installation, use, management, operation, maintenance, transportation, and movement of any structure, device, thing, or substance, whether fixed or movable and whether permanent or temporary, in the vicinity of any works or electrical installation where any works or electrical installation may affect or be affected by the structure, device, thing, or substance:
g: 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 works or electrical installation, including (without limitation)—
i: requiring the removal of the whole or any part of any tree or vegetation:
ii: requiring the removal of any debris produced as a result of any work carried out pursuant to the regulations:
iii: prescribing the person or persons who shall meet the costs of carrying out any work required pursuant to the regulations, and providing for the recovery of such costs:
iv: providing for the payment of the costs of remedying any damage caused to any works by any tree or vegetation, or any part of any tree or vegetation, where that damage arises (whether directly or indirectly) out of any failure to comply with the requirements of the regulations; prescribing the person or persons who shall pay those costs; and providing for the recovery of those costs:
3: requiring any person who intends to construct any works in the vicinity of, or that are likely to affect, any trees of any class of tree specified in the regulations,—
a: in determining the route or location of the works, to have regard to the need to interfere with those trees to the least extent practicable in the circumstances:
b: to notify such persons as are prescribed in the regulations of the intention to construct the works:
c: to inform such persons as are prescribed in the regulations of the rights and obligations that will be conferred or imposed on those persons, by any regulations made under subparagraph (g) of paragraph (2), in relation to those trees, if the works are constructed:
d: to consider any submissions made to that person by such persons as are prescribed in the regulations:
3A: prescribing requirements for safety management systems:
4: prescribing standards that must be met in respect of fittings, electrical appliances, electrical installations, and electricity that are or is to be supplied to or used by electricity retailers and consumers:
5: providing for the periodic examination of connectable installations of vehicles, relocatable buildings, and pleasure vessels, or any of them, and the issue of warrants of fitness by such persons or class or classes of persons as are prescribed
6: prescribing, in relation to workers,—
a: the training required for any specified class or classes of workers for the purposes of establishing and maintaining safety standards in relation to the generation, conversion, transformation, conveyance, and use of electricity:
b: the levels of electrical or technical qualifications necessary for the carrying out of any specified class or classes of electrical work or for the holding of positions of electrical responsibility in any branch of the electrical industry or in any specified undertakings concerned with the particular application of electricity:
7: prescribing the requirements for standardisation of systems of supply and the preservation of the quality of electricity supplied in New Zealand:
7A: providing that fittings or electrical appliances that are, or may be, exported from New Zealand pursuant to the Conformity Cooperation Agreement must comply with requirements relating to the preservation of the quality of electricity supplied in China:
8: authorising WorkSafe
a: in cases of urgency, to issue, in such manner as may be prescribed, instructions, orders, or requirements for securing the protection of persons from injuries caused, directly or indirectly, by electricity: provided that any such instruction, order, or requirement shall remain in force for such period, not exceeding 6 months, as may be determined by WorkSafe WorkSafe
aa: in cases of urgency, to issue, in such manner as may be prescribed, instructions, orders, or requirements for securing the protection of persons from injuries caused, directly or indirectly, by electricity to the extent that such injuries are caused by fittings or electrical appliances that are, or may be, exported pursuant to the Conformity Cooperation Agreement: provided that any such instruction, order, or requirement must remain in force for such period, not exceeding 6 months, as may be determined by WorkSafe WorkSafe
b:
c: to carry out tests on works, electrical installations, fittings, electrical appliances, and associated equipment (including fittings or electrical appliances that are, or may be, exported from New Zealand pursuant to the Conformity Cooperation Agreement)
9: authorising WorkSafe Building Act 2004 WorkSafe
10: providing for the constitution, functions, and powers of arbitrators for the purposes of this Act or any regulations made under this section:
11: requiring the keeping and retention of such records as are necessary for the purposes of establishing and maintaining safety standards in relation to the generation, conversion, transformation, conveyance, and use of electricity, and prescribing the particulars that shall be included in such records: Employer
12: prescribing, for the purposes of section 115
13: designating a person or a class of persons as approved persons for the purposes of section 116
14: prescribing the manner in which approved persons may certify a system of operation for the purposes of section 116
15:
16:
17:
18: Prescribed electrical work
19: prescribing, for the purposes of this Act, what work is deemed to be or not to be prescribed electrical work and the circumstances and conditions in which any work is deemed to be or not to be prescribed electrical work:
20: prescribing the limits or scope of prescribed electrical work that any registered persons or provisional licence holders, or any person to whom any of the provisions of sections 75 to 80
21:
22:
23: providing for the testing, inspection, and certification of—
a: prescribed electrical work:
b: works, electrical installations, fittings, and electrical appliances: Statistics
23A: authorising the Secretary to obtain such information concerning the generation, conversion, transformation, conveyance, sale, consumption, and use of electricity as may be required for statistical purposes: Miscellaneous provisions
24: providing for the appointment of investigators and the procedures of investigators under this Act:
25: specifying—
i: the information that must be provided by persons who make complaints against persons to whom Part 11
ii: the way in which that information must be provided; and
iii: the way in which that information must be evaluated; and
iv: the way in which investigators must exercise their powers and functions under this Act:
26: regulating the procedure of the Board:
26A: prescribing procedures, requirements, and other matters, not inconsistent with this Act, for the register, including matters that relate to—
i: the operation of the register:
ii: the form of the register:
iii: the information to be contained in the register:
iv: access to the register:
v: the location of, and hours of access to, the register:
vi: search criteria for the register:
26B: prescribing the forms of applications, certificates, licences, notices, and other documents required under this Act, or authorising the Board, WorkSafe, or
26C: prescribing infringement offences:
26D: setting the infringement fee for each infringement offence, which,—
i: in the case of an individual, must not exceed $1,000; or
ii: in the case of a body corporate, must not exceed $3,000:
26E: prescribing information to be included in infringement notices and reminder notices:
27: prescribing the manner in which any notice or other document required by this Act to be given or served by, or to or on, any person is to be so given or served:
28: prescribing the matters in respect of which fees are payable under this Act; prescribing the amounts of the fees or the method by which they are to be assessed; and prescribing the persons to whom the fees are to be paid:
29: exempting or providing for the exemption of any person or class of persons from liability to pay any fees payable under this Act:
30: authorising the waiver, refund, or remission, in such circumstances as in accordance with the regulations the Board, WorkSafe, or
31: prescribing offences in respect of the contravention of or non-compliance with any regulations made under this section, and the amount of the fine that may be imposed in respect of any such offence, which fine shall be an amount not exceeding $50,000
32: providing for such matters as are contemplated by or necessary for giving full effect to the provisions of this Act and for its due administration.
2: Any regulations made under any of paragraphs (2) to (6) of subsection (1) may—
a: require compliance with the whole or any part of any electrical code of practice or any official standard
b: provide that proof of compliance with—
i: any electrical code of practice, or any part of such a code; or
ia: any official standard, or any part of an official standard; or
ii: any approved code of practice for the time being in force pursuant to section 222 shall be proof of compliance with such provisions of the regulations as are specified in the regulations.
2A: Regulations may require compliance with an official standard (or a specified part of an official standard) that relates to the subject matter of the regulations by referring to it in the regulations (with any additions or variations that may be specified in the regulations).
2B: That official standard (or the specified part), as it existed on the date of the inclusion (but with any specified additions or variations), is then deemed to form part of the regulations.
2C: In subsections (2), (2A), and (2B), official standard
3: No WorkSafe, the Secretary, WorkSafe, the Secretary,
a: to give any consent or approval on or subject to conditions to be imposed or approved by WorkSafe, the Secretary,
b: to set any standard.
4: Notwithstanding section 1(3) section 43
5: In this section, Conformity Cooperation Agreement
6: Regulations under this section are secondary legislation ( see Part 3
7: Subpart 1 section 114
8: Subsection (9) applies if regulations made under this section authorise any of the following:
a: a person to prohibit a matter referred to in subsection (1)﻿(2)﻿(c):
b: WorkSafe to make a declaration referred to in subsection (1)﻿(2)﻿(d)﻿(B):
c: WorkSafe to issue instructions, orders, or requirements referred to in subsection (1)﻿(8)﻿(a) or (aa):
d: WorkSafe or the chief executive to grant exemptions referred to in subsection (1)﻿(9):
e: a person to grant exemptions referred to in subsection (1)﻿(29):
f: the Board, WorkSafe, or the Secretary to waive, refund, or remit fees referred to in subsection (1)﻿(30).
9: If this subsection applies,—
a: an instrument exercising that authority is secondary legislation ( see Part 3
b: the regulations must contain a statement to that effect. 1968 No 125 s 55 1983 No 123 s 8 1987 No 111 s 13 The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation referred to in subsection (6). Legislation Act 2019 requirements for secondary legislation referred to in subsection (6) Publication PCO must publish it on the legislation website and notify it in the Gazette LA19 s 69(1)﻿(c) Presentation The Minister must present it to the House of Representatives LA19 s 114 cl 32(1)﻿(a) Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act. The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation referred to in subsection (9)﻿(a). Legislation Act 2019 requirements for secondary legislation referred to in subsection (9)﻿(a) Publication See the relevant publication, presentation, and disallowance table in the secondary legislation referred to in subsection (6) LA19 ss 73 74 cl 14 Presentation The Minister must present it to the House of Representatives, unless a transitional exemption applies under Schedule 1 LA19 s 114 cl 32 Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act. Section 169(1)﻿(2)﻿(b) amended 29 July 2008 section 7(1)﻿(a) Electricity Amendment Act 2008 Section 169(1)﻿(2)﻿(b) amended 29 July 2008 section 7(1)﻿(b) Electricity Amendment Act 2008 Section 169(1)﻿(2)﻿(c) amended 29 July 2008 section 7(2)﻿(a) Electricity Amendment Act 2008 Section 169(1)﻿(2)﻿(c) amended 29 July 2008 section 7(2)﻿(b) Electricity Amendment Act 2008 Section 169(1)﻿(2)﻿(d) replaced 28 October 2021 regulation 47(1) Legislation Act (Amendments to Legislation) Regulations 2021 Section 169(1)﻿(3A) inserted 5 December 2006 section 26(1) Electricity Amendment Act 2006 Section 169(1)﻿(5) amended 1 April 2010 section 26(2) Electricity Amendment Act 2006 Section 169(1)﻿(6) proviso repealed 1 April 2010 section 26(3) Electricity Amendment Act 2006 Section 169(1)﻿(7A) inserted 29 July 2008 section 7(3) Electricity Amendment Act 2008 Section 169(1)﻿(8) amended 16 December 2013 section 22 WorkSafe New Zealand Act 2013 Section 169(1)﻿(8)﻿(a) proviso amended 16 December 2013 section 22 WorkSafe New Zealand Act 2013 Section 169(1)﻿(8)﻿(aa) inserted 29 July 2008 section 7(4) Electricity Amendment Act 2008 Section 169(1)﻿(8)﻿(aa) proviso amended 16 December 2013 section 22 WorkSafe New Zealand Act 2013 Section 169(1)﻿(8)﻿(b) repealed 20 September 2007 section 4(1) Electricity Amendment Act 2007 Section 169(1)﻿(8)﻿(c) amended 29 July 2008 section 7(5) Electricity Amendment Act 2008 Section 169(1)﻿(9) substituted 31 March 2005 section 414 Building Act 2004 Section 169(1)﻿(9) amended 16 December 2013 section 22 WorkSafe New Zealand Act 2013 Section 169(1)﻿(12) heading amended 1 April 2010 section 26(4) Electricity Amendment Act 2006 Section 169(1)﻿(12) substituted 1 April 2010 section 26(5) Electricity Amendment Act 2006 Section 169(1)﻿(13) substituted 1 April 2010 section 26(5) Electricity Amendment Act 2006 Section 169(1)﻿(14) substituted 1 April 2010 section 26(5) Electricity Amendment Act 2006 Section 169(1)﻿(15) repealed 1 April 2010 section 26(5) Electricity Amendment Act 2006 Section 169(1)﻿(16) repealed 1 April 2010 section 26(5) Electricity Amendment Act 2006 Section 169(1)﻿(17) repealed 1 April 2010 section 26(5) Electricity Amendment Act 2006 Section 169(1)﻿(18) repealed 1 April 2010 section 26(5) Electricity Amendment Act 2006 Section 169(1)﻿(19) substituted 1 April 2010 section 26(6) Electricity Amendment Act 2006 Section 169(1)﻿(20) substituted 1 April 2010 section 26(6) Electricity Amendment Act 2006 Section 169(1)﻿(21) repealed 1 April 2010 section 26(6) Electricity Amendment Act 2006 Section 169(1)﻿(22) repealed 1 April 2010 section 26(6) Electricity Amendment Act 2006 Section 169(1)﻿(23A) inserted 20 September 2007 section 4(2) Electricity Amendment Act 2007 Section 169(1)﻿(23A) inserted 20 September 2007 section 4(2) Electricity Amendment Act 2007 Section 169(1)﻿(24) substituted 1 April 2010 section 26(7) Electricity Amendment Act 2006 Section 169(1)﻿(25) substituted 1 April 2010 section 26(7) Electricity Amendment Act 2006 Section 169(1)﻿(26) substituted 1 April 2010 section 26(7) Electricity Amendment Act 2006 Section 169(1)﻿(26A) inserted 1 April 2010 section 26(7) Electricity Amendment Act 2006 Section 169(1)﻿(26B) inserted 1 April 2010 section 26(7) Electricity Amendment Act 2006 Section 169(1)﻿(26B) amended 16 December 2013 section 22 WorkSafe New Zealand Act 2013 Section 169(1)﻿(26C) inserted 1 April 2010 section 26(7) Electricity Amendment Act 2006 Section 169(1)﻿(26D) inserted 1 April 2010 section 26(7) Electricity Amendment Act 2006 Section 169(1)﻿(26E) inserted 1 April 2010 section 26(7) Electricity Amendment Act 2006 Section 169(1)﻿(30) amended 16 December 2013 section 22 WorkSafe New Zealand Act 2013 Section 169(1)﻿(31) amended 1 April 2010 section 26(8) Electricity Amendment Act 2006 Section 169(2)﻿(a) amended 27 September 2001 section 4(1) Electricity Amendment Act (No 2) 2001 Section 169(2)﻿(b)﻿(ia) inserted 27 September 2001 section 4(2) Electricity Amendment Act (No 2) 2001 Section 169(2)﻿(b)﻿(ii) amended 4 April 2016 section 232 Health and Safety at Work Act 2015 Section 169(2A) inserted 27 September 2001 section 4(3) Electricity Amendment Act (No 2) 2001 Section 169(2B) inserted 27 September 2001 section 4(3) Electricity Amendment Act (No 2) 2001 Section 169(2C) inserted 29 July 2008 section 7(6) Electricity Amendment Act 2008 Section 169(3) amended 28 October 2021 section 3 Secondary Legislation Act 2021 Section 169(3)﻿(a) amended 16 December 2013 section 22 WorkSafe New Zealand Act 2013 Section 169(4) amended 28 October 2021 section 3 Secondary Legislation Act 2021 Section 169(5) added 29 July 2008 section 7(7) Electricity Amendment Act 2008 Section 169(6) inserted 28 October 2021 section 3 Secondary Legislation Act 2021 Section 169(7) inserted 28 October 2021 section 3 Secondary Legislation Act 2021 Section 169(8) replaced 28 October 2021 section 3 regulation 47(2) Legislation Act (Amendments to Legislation) Regulations 2021 Section 169(9) inserted 28 October 2021 regulation 47(2) Legislation Act (Amendments to Legislation) Regulations 2021
169A: Regulations that prescribe requirements for safety management systems
1: Regulations made under section 169(1)﻿(3A)
a: the systematic identification of—
i: existing hazards; and
ii: new hazards (if possible before, and otherwise as, they arise); and
b: the elimination, isolation, or minimisation of those hazards, so far as is reasonably practicable; and
c: the regular assessment of each hazard identified; and
d: the documentation of the safety management system; and
e: the audit of the safety management system.
2: Regulations made under section 169(1)﻿(3A)
a: the design, construction, operation, maintenance, and inspection of the electricity supply system; and
b: security and the control of access to the electricity supply system; and
c: the skills, knowledge, and experience of persons who do, or assist in doing, work on or in connection with the electricity supply system; and
d: the implementation and management of contingency plans for emergency situations that may affect, or be affected by, the electricity supply system; and
e: processes for the ongoing improvement of safety in connection with the electricity supply system; and
f: the investigation of accidents that involve or affect the electricity supply system.
3: Regulations made under section 169(1)﻿(3A)
a: who may conduct audits; and
b: how often audits must be conducted; and
c: the outcomes and objectives of audits.
4: Subsections (2) and (3) do not limit subsection (1).
5: In this section, hazard
a: means an activity, arrangement, circumstance, event, occurrence, phenomenon, process, situation, or substance (whether arising or caused within or outside the electricity supply system) that presents or may present a significant risk of—
i: serious harm to any member of the public; or
ii: significant damage to property owned by a person other than the electricity generator or electricity distributor; and
b: includes—
i: a situation where a person's behaviour may present a significant risk of the matters referred to in paragraph (a)﻿(i) or (ii); and
ii: without limitation, a situation described in subparagraph (i) resulting from physical or mental fatigue, drugs, alcohol, traumatic shock, or another temporary condition that affects a person's behaviour. Section 169A inserted 5 December 2006 section 27 Electricity Amendment Act 2006 Section 169A(1)﻿(b) replaced 4 April 2016 section 232 Health and Safety at Work Act 2015
169B: Miscellaneous provisions relating to regulations that prescribe requirements for safety management systems
1: To avoid doubt, a person required by a safety management system to eliminate, isolate, or minimise hazards so far as is reasonably practicable is required to take action only in respect of circumstances that the person knows, or ought reasonably to know, about.
2: Different requirements may be prescribed under section 169(1)﻿(3A) Section 169B inserted 5 December 2006 section 27 Electricity Amendment Act 2006 Section 169B(1) replaced 4 April 2016 section 232 Health and Safety at Work Act 2015 Safe work instruments—Legal effect Heading inserted 4 April 2016 section 232 Health and Safety at Work Act 2015
169C: Legal effect of safe work instruments
1: For the purposes of this Act, a safe work instrument made under section 227
2: For the purposes of subsection (1), regulations may refer to—
a: a particular safe work instrument as amended or replaced from time to time; or
b: any safe work instrument that may be made for the purposes of regulations (even if the instrument is not or has not been made at the time the regulations are made). Section 169C inserted 4 April 2016 section 232 Health and Safety at Work Act 2015 Regulations—Information disclosure Heading repealed 8 August 2001 section 14(1) Electricity Amendment Act 2001
170: Regulations relating to information disclosure
Section 170 repealed 8 August 2001 section 14(1) Electricity Amendment Act 2001 Regulations—Consumer choice of electricity retailer Heading repealed 8 August 2001 section 15 Electricity Amendment Act 2001
170A: Regulations relating to ability of consumers to choose preferred electricity retailer
Section 170A repealed 8 August 2001 section 15 Electricity Amendment Act 2001
171: Information to be supplied to Secretary
Section 171 repealed 8 August 2001 section 14(1) Electricity Amendment Act 2001
171A: Reasonable charge may be imposed for providing copies of statements
Section 171A repealed 8 August 2001 section 14(1) Electricity Amendment Act 2001
172: Offences
Section 172 repealed 8 August 2001 section 14(1) Electricity Amendment Act 2001
2: Electricity industry regulation-making powers
Subpart 2 repealed 1 November 2010 section 164(5) Electricity Industry Act 2010
172A: Outline of subpart
Section 172A repealed 1 November 2010 section 164(5) Electricity Industry Act 2010 Regulations—Low fixed charge tariff option for domestic consumers Heading repealed 1 November 2010 section 164(5) Electricity Industry Act 2010
172B: Low fixed charge tariff option for domestic consumers
Section 172B repealed 1 November 2010 section 164(5) Electricity Industry Act 2010 Regulations—Code on access for beneficiaries of community and customer trusts Heading repealed 1 November 2010 section 164(5) Electricity Industry Act 2010
172C: Regulations for code on access for beneficiaries of customer and community trusts
Section 172C repealed 1 November 2010 section 164(5) Electricity Industry Act 2010 Regulations—Reserve energy Heading repealed 1 November 2010 section 164(5) Electricity Industry Act 2010
172CA: Reserve energy
Section 172CA repealed 1 November 2010 section 164(5) Electricity Industry Act 2010 Electricity governance regulations Heading repealed 1 November 2010 section 164(5) Electricity Industry Act 2010
172D: Electricity governance regulations
Section 172D repealed 1 November 2010 section 164(5) Electricity Industry Act 2010
172E: Conditions and process for recommendations on electricity governance regulations
Section 172E repealed 1 November 2010 section 164(5) Electricity Industry Act 2010
172F: Assessment of proposed electricity governance regulations
Section 172F repealed 1 November 2010 section 164(5) Electricity Industry Act 2010
172G: Process for recommendations on other electricity governance regulations
Section 172G repealed 18 October 2004 section 9 Electricity Amendment Act 2004
172H: Electricity governance rules
Section 172H repealed 1 November 2010 section 164(5) Electricity Industry Act 2010
172I: Method of making electricity governance rules
Section 172I repealed 1 November 2010 section 164(5) Electricity Industry Act 2010 Supplementary provisions Heading repealed 1 November 2010 section 164(5) Electricity Industry Act 2010
172J: Supplementary empowering provision for regulations and rules
Section 172J repealed 1 November 2010 section 164(5) Electricity Industry Act 2010
172K: Supplementary empowering provision for regulations
Section 172K repealed 1 November 2010 section 164(5) Electricity Industry Act 2010 Provisions that apply if electricity governance regulations or rules are in force Heading repealed 1 November 2010 section 164(5) Electricity Industry Act 2010
172KA: Transmission agreements
Section 172KA repealed 1 November 2010 section 164(5) Electricity Industry Act 2010
172KB: Party must co-operate with investigations
Section 172KB repealed 1 November 2010 section 164(5) Electricity Industry Act 2010
172KC: Privileges protected
Section 172KC repealed 1 November 2010 section 164(5) Electricity Industry Act 2010
172KD: Limits on investigation powers
Section 172KD repealed 1 November 2010 section 164(5) Electricity Industry Act 2010
172KE: Rulings Panel may make certain orders
Section 172KE repealed 1 November 2010 section 164(5) Electricity Industry Act 2010
172KF: Restriction of remedies
Section 172KF repealed 1 November 2010 section 164(5) Electricity Industry Act 2010
172KG: Limit on tort claims against service providers
Section 172KG repealed 1 November 2010 section 164(5) Electricity Industry Act 2010 Appeals Heading repealed 1 November 2010 section 164(5) Electricity Industry Act 2010
172KH: Appeals on ground of lack of jurisdiction
Section 172KH repealed 1 November 2010 section 164(5) Electricity Industry Act 2010
172KI: Judicial review not precluded
Section 172KI repealed 1 November 2010 section 164(5) Electricity Industry Act 2010
172KJ: Appeals on question of law in relation to decisions by Commission or Rulings Panel
Section 172KJ repealed 1 November 2010 section 164(5) Electricity Industry Act 2010
172KK: Right of appeal against suspension or termination orders
Section 172KK repealed 1 November 2010 section 164(5) Electricity Industry Act 2010
172KL: Persons entitled to appeal
Section 172KL repealed 1 November 2010 section 164(5) Electricity Industry Act 2010
172KM: Determination of appeals
Section 172KM repealed 1 November 2010 section 164(5) Electricity Industry Act 2010
172KN: High Court may refer appeals back to Commission or Rulings Panel for reconsideration
Section 172KN repealed 1 November 2010 section 164(5) Electricity Industry Act 2010
172KO: Provisions pending determination of appeal
Section 172KO repealed 1 November 2010 section 164(5) Electricity Industry Act 2010
172KP: High Court may order proceedings be heard in private
Section 172KP repealed 1 November 2010 section 164(5) Electricity Industry Act 2010
172KQ: Appeal to Court of Appeal in certain cases
Section 172KQ repealed 1 November 2010 section 164(5) Electricity Industry Act 2010
15: Governance of electricity industry
Part 15 repealed 1 November 2010 section 164(6) Electricity Industry Act 2010 Preliminary provisions Heading repealed 1 November 2010 section 164(6) Electricity Industry Act 2010
172L: Purpose
Section 172L repealed 1 November 2010 section 164(6) Electricity Industry Act 2010
1: Electricity Governance Board
Subpart 1 repealed 1 November 2010 section 164(6) Electricity Industry Act 2010
172M: Continuation of Commission
Section 172M repealed 1 November 2010 section 164(6) Electricity Industry Act 2010
172N: Principal objectives and specific outcomes
Section 172N repealed 1 November 2010 section 164(6) Electricity Industry Act 2010
172O: Functions of Commission
Section 172O repealed 1 November 2010 section 164(6) Electricity Industry Act 2010
172P: Body corporate status and powers
Section 172P repealed 25 January 2005 section 200 Crown Entities Act 2004
172Q: Role of board of
the Commission Section 172Q repealed 25 January 2005 section 200 Crown Entities Act 2004
172R: Membership of
the Commission's Section 172R repealed 1 November 2010 section 164(6) Electricity Industry Act 2010 Duties of members Heading repealed 1 November 2010 section 164(6) Electricity Industry Act 2010
172S: Duties of members
Section 172S repealed 1 November 2010 section 164(6) Electricity Industry Act 2010
172T: Collective duties of
the Commission's Section 172T repealed 25 January 2005 section 200 Crown Entities Act 2004
172U: Members accountable to Minister
Section 172U repealed 25 January 2005 section 200 Crown Entities Act 2004
172V: Notice of special meetings of Commission's board
Section 172V repealed 1 November 2010 section 164(6) Electricity Industry Act 2010 Role of the Commission in relation to electricity governance regulations and rules Heading repealed 1 November 2010 section 164(6) Electricity Industry Act 2010
172W: EGB to make recommendations concerning electricity governance regulations and rules
Section 172W repealed 18 October 2004 section 17 Electricity Amendment Act 2004
172X: Objectives of recommendations
Section 172X repealed 1 November 2010 section 164(6) Electricity Industry Act 2010
172Y: Obligation to consult
Section 172Y repealed 18 October 2004 section 19 Electricity Amendment Act 2004
172Z: Minister must have regard to recommendations
Section 172Z repealed 1 November 2010 section 164(6) Electricity Industry Act 2010 Power to direct EGB Heading repealed 18 October 2004 section 21 Electricity Amendment Act 2004
172ZA: Power to direct EGB
Section 172ZA repealed 18 October 2004 section 21 Electricity Amendment Act 2004
172ZB: Procedure for giving direction
Section 172ZB repealed 18 October 2004 section 21 Electricity Amendment Act 2004 Levy of industry participants Heading repealed 1 November 2010 section 164(6) Electricity Industry Act 2010
172ZC: Levy of industry participants
Section 172ZC repealed 1 November 2010 section 164(6) Electricity Industry Act 2010
172ZCA: Commission must consult about request for appropriation
Section 172ZCA repealed 1 November 2010 section 164(6) Electricity Industry Act 2010 Miscellaneous Heading repealed 1 November 2010 section 164(6) Electricity Industry Act 2010
172ZD: Accountability of
the Commission Section 172ZD repealed 25 January 2005 section 200 Crown Entities Act 2004
172ZE: Regulations
Section 172ZE repealed 1 November 2010 section 164(6) Electricity Industry Act 2010
172ZF: The Commission Section 172ZF repealed 25 January 2005 section 200 Crown Entities Act 2004
172ZG: Amendment to Ombudsmen Act 1975
Section 172ZG repealed 18 October 2004 section 24(3) Electricity Amendment Act 2004
172ZH: Amendment to Public Finance Act 1989
Section 172ZH repealed 18 October 2004 section 24(3) Electricity Amendment Act 2004
2: Accountability of Electricity Commission
Subpart 2 repealed 1 November 2010 section 164(6) Electricity Industry Act 2010
172ZI: Application of subpart
Section 172ZI repealed 18 October 2004 section 25 Electricity Amendment Act 2004
172ZJ: Interpretation
Section 172ZJ repealed 1 November 2010 section 164(6) Electricity Industry Act 2010
172ZK: Setting of GPS objectives and outcomes
Section 172ZK repealed 1 November 2010 section 164(6) Electricity Industry Act 2010
172ZL: Annual performance standards
Section 172ZL repealed 1 November 2010 section 164(6) Electricity Industry Act 2010
172ZM: Additional information to be included in annual report
Section 172ZM repealed 1 November 2010 section 164(6) Electricity Industry Act 2010
172ZN: Minister must present annual performance report to House of Representatives
Section 172ZN repealed 25 January 2005 section 200 Crown Entities Act 2004
172ZO: Assurance audit by Auditor-General
Section 172ZO repealed 1 November 2010 section 164(6) Electricity Industry Act 2010
172ZP: Report by Parliamentary Commissioner for Environment
Section 172ZP repealed 1 November 2010 section 164(6) Electricity Industry Act 2010
172ZQ: Functions under this subpart
Section 172ZQ repealed 1 November 2010 section 164(6) Electricity Industry Act 2010
3: Miscellaneous provisions
Subpart 3 repealed 1 November 2010 section 164(6) Electricity Industry Act 2010
172ZR: Specific authorisation for purposes of restrictive trade practices rules
Section 172ZR repealed 1 November 2010 section 164(6) Electricity Industry Act 2010
16: Repeals, etc, and transitional provisions
Part 16 heading inserted 8 August 2001 section 17 Electricity Amendment Act 2001 Repeals, revocations, amendments, and savings
173: Repeals, revocations, and consequential amendments
1: The enactments specified in Schedule 3
2: The enactments specified in Schedule 4
3: The regulations and orders specified in Schedule 5
174: Regulations deemed to have been made under this Act
1: The regulations specified in Schedule 6 section 169
2: Any regulations specified in Schedule 6 section 169
3: Nothing in subsection (2) shall affect any proceedings taken before or after the commencement of this section in respect of any offence committed before the commencement of this section.
175: Savings
1: The repeal, by section 173(1) Schedule 3
2: The repeal, by section 173(1) section 3(4) of that Act
176: Application of Clutha Development (Clyde Dam) Empowering Act 1982
Section 176 repealed 14 May 1999 section 100 Electricity Industry Reform Act 1998
177: Middle line Proclamation relating to Hairini-Mount Maunganui transmission line
Section 177 repealed 1 November 2010 section 164(7) Electricity Industry Act 2010 Amendment to Electricity Act 1968
178: Rights of entry for energy companies
Amendment(s) incorporated in the Act(s) Amendment to Electrical Registration Act 1979
179: Certificate of compliance where prescribed electrical work covered by building consent
Amendment(s) incorporated in the Act(s) Transitional provisions
180: Transitional provision relating to electricity agreements
Notwithstanding the repeals effected by section 173(1) sections 50 to 52 of the Electricity Act 1968
181: Electricity distributors to ensure provision of inspection services
1: This section applies to every electricity distributor—
a: that, immediately before the date of the commencement of this section, was the holder of a licence issued under section 20 of the Electricity Act 1968
b: that is the successor of a person or body that, immediately before that date, was the holder of such a licence.
2: Every electricity distributor to which this section applies shall, during the period of 1 year beginning on the date of the commencement of this section, ensure that there is available, within the area that, immediately before the commencement of this section, was specified in the licence held by that electricity distributor or the person or body of which that electricity distributor is the successor, such number of persons as is sufficient to ensure that persons wishing to have prescribed electrical work tested, certified, or inspected for the purposes of section 114(1)
182: Transitional provisions relating to proceedings, etc
1: All investigations, inquiries, and other proceedings of a disciplinary nature under the Electrical Registration Act 1979 section 43 or section 44 of that Act
2: All investigations, inquiries, and other proceedings of a disciplinary nature under the Electric Linemen Act 1959 section 21 of that Act
3: Where—
a: before the commencement of this section,—
i: any person (being the holder of a certificate of competency as an electric lineman under the Electric Linemen Act 1959 section 18A of that Act
ii: any person (being registered under the Electrical Registration Act 1979 section 29 or section 40 of that Act
b: disciplinary proceedings could have been taken against that person under Part 11
c: no proceedings of a disciplinary nature have been taken against that person in respect of that conduct under the Electric Linemen Act 1959 Electrical Registration Act 1979 the following provisions shall apply:
d: disciplinary proceedings may be taken against that person under Part 11
e: if the person is found guilty of a disciplinary offence under Part 11
i: that person may be dealt with under this Act; but
ii: except with the consent of that person, neither the Board nor any court shall have power to make against that person, in respect of that conduct, any order in the nature of a penalty that could not have been made against that person at the time when that person engaged in that conduct.