Gas Act 1992

1: Short Title and commencement
1: This Act may be cited as the Gas Act 1992.
2: Except as provided in subsection (3), this Act shall come into force on 1 April 1993.
3: Part 1 Part 4 sections 54 55 60
1A: Purposes
The purposes of this Act are—
a: to provide for the regulation, supply, and use of gas in New Zealand; and
b: to provide for the regulation of the gas industry in New Zealand; and
c: to protect the health and safety of members of the public in connection with the supply and use of gas in New Zealand; and
d: to promote the prevention of damage to property in connection with the supply and use of gas in New Zealand. Section 1A inserted 4 May 2010 section 5 Gas Amendment Act 2006
1: Preliminary provisions
2: Interpretation
1: In this Act, unless the context otherwise requires,— authorised biogas Board continued under the Plumbers, Gasfitters, and Drainlayers Act 2006 consumer
a: means any person who is supplied, or who applies to be supplied, with gas; but
b: does not include any gas producer the gas producer container distribution system
a: means all fittings, whether above or below ground,
i: the boundary of the gasworks or gate station outlet flange supplying gas for distribution to the point of supply of the place at which the gas is supplied to a consumer or gas refueller; or
ii: the outlet of the container in which gas for distribution is stored to the point of supply of the place at which the gas is supplied to a consumer or gas refueller; and
b: includes, for the purposes of any regulations made under section 54 document section 2(1) dwellinghouse electric works Electricity Act 1992 existing fittings fittings gas
a: biogas, coal gas, liquefied petroleum gas, natural gas, oil gas, producer gas, refinery gas, reformed natural gas, and tempered liquefied petroleum gas:
b: any gaseous substance that the Governor-General declares by Order in Council to be a gas for the purposes of this Act ( see subsection (4)
c: any mixture of gases gas appliance gas code of practice code section 37 gas distributor
a: means any person who supplies line function services, whether by means of a distribution system or by other means, to any gas retailer or to any other person or persons; and
b: includes a gas distributor who is also a gas retailer providing line function services to itself gas installation gas measurement system gas operator
a: any person that, immediately before 1 April 1993, was the holder, or was deemed to be the holder, of a franchise granted under Part 2 of the Gas Act 1982
b: any person declared section 5 gas producer gas refueller gas retailer gas transmission gas wholesaler
a: means any person who supplies gas to any other person or persons for the purpose of resupply by the other person or persons (whether or not the person who so supplies the gas is also a gas retailer); and
b: includes any person any subsidiary of which is a gas wholesaler gasfitting section 4 infringement fee section 54 infringement notice section 57C infringement offence
a: an offence against section 21(d) section 27
b: a breach of any regulation made under this Act that is prescribed as an infringement offence level crossing section 4(1) line function services
a: the provision and maintenance of pipelines for the conveyance of gas:
b: the operation of such pipelines, including the assumption of responsibility for losses of gas local authority Local Government Act 2002 maintain maintenance metal working 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 pipe pipeline owner 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 point of supply section 54 price 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 relocatable building road section 315 and also includes a public footpath; 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: harm that incapacitates, or is likely to incapacitate, the person suffering harm for 48 hours or more; or
c: harm that incapacitates, or is likely to incapacitate, the person suffering harm due to the inhalation of carbon monoxide; or
d: a notifiable injury or illness as defined in section 23 telecommunications line Telecommunications Act 2001 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 WorkSafe WorkSafe New Zealand Act 2013
2:
3: Any notice required or authorised by this Act to be served on any person shall be delivered to that person, and may be delivered either personally or by posting it to that person at the person’s last known place of abode or business in New Zealand. A notice so posted shall be deemed to have been served at the time when the letter would in the ordinary course of post be delivered.
4: An order under paragraph (b) of the definition of gas in subsection (1) is secondary legislation ( see Part 3 1982 No 27 s 2 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 2(1) all practicable steps repealed 4 April 2016 section 232 Health and Safety at Work Act 2015 Section 2(1) Board amended 1 April 2010 section 185 Plumbers, Gasfitters, and Drainlayers Act 2006 Section 2(1) consumer paragraph (b) amended 14 October 2008 section 31(2)﻿(a) Commerce Amendment Act 2008 Section 2(1) consumer paragraph (b) amended 14 October 2008 section 31(2)﻿(b) Commerce Amendment Act 2008 Section 2(1) Corporation repealed 13 July 2021 section 4(1) Gas (Information Disclosure and Penalties) Amendment Act 2021 Section 2(1) distribution system substituted 4 May 2010 section 6(2) Gas Amendment Act 2006 Section 2(1) distribution system amended 12 December 2012 section 4(1) Gas Amendment Act 2012 Section 2(1) fire brigade repealed 1 July 2017 section 197 Fire and Emergency New Zealand Act 2017 Section 2(1) gas amended 28 October 2021 section 3 Secondary Legislation Act 2021 Section 2(1) gas distributor replaced 31 March 2017 section 142 Regulatory Systems (Commercial Matters) Amendment Act 2017 Section 2(1) gas inspector repealed 4 May 2010 section 6(3) Gas Amendment Act 2006 Section 2(1) gas operator amended 22 October 2003 section 3 Gas Amendment Act 2003 Section 2(1) gas producer inserted 12 December 2012 section 4(3) Gas Amendment Act 2012 Section 2(1) gas wholesaler replaced 13 July 2021 section 4(2) Gas (Information Disclosure and Penalties) Amendment Act 2021 Section 2(1) gasfitting substituted 1 April 2010 section 185 Plumbers, Gasfitters, and Drainlayers Act 2006 Section 2(1) infringement fee inserted 4 May 2010 section 6(5) Gas Amendment Act 2006 Section 2(1) infringement notice inserted 4 May 2010 section 6(5) Gas Amendment Act 2006 Section 2(1) infringement offence inserted 4 May 2010 section 6(5) Gas Amendment Act 2006 Section 2(1) level crossing substituted 20 July 2005 section 103(3) Railways Act 2005 Section 2(1) local authority substituted 1 July 2003 section 262 Local Government Act 2002 Section 2(1) official standard amended 1 March 2016 section 45(1) Standards and Accreditation Act 2015 Section 2(1) place substituted 4 May 2010 section 6(4) Gas Amendment Act 2006 Section 2(1) point of supply inserted 4 May 2010 section 6(5) Gas Amendment Act 2006 Section 2(1) reasonably practicable inserted 4 April 2016 section 232 Health and Safety at Work Act 2015 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(1) Gas Amendment Act 1997 Section 2(1) road paragraph (a) substituted 28 July 1997 section 2(2) Gas 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) Secretary replaced 16 December 2013 section 22 WorkSafe New Zealand Act 2013 Section 2(1) serious harm inserted 5 December 2006 section 6(1) Gas 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 Gas Amendment Act 1993 Section 2(1) telecommunications line amended 20 December 2001 section 158 Telecommunications Act 2001 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) WorkSafe inserted 16 December 2013 section 22 WorkSafe New Zealand Act 2013 Section 2(2) repealed 28 September 1993 Gas Amendment Act 1993 Section 2(4) inserted 28 October 2021 section 3 Secondary Legislation Act 2021
3: Application
1: Subject to subsection (2), and except as expressly provided elsewhere in this Act, or in any other Act, this Act shall apply to every gas distributor, every gas retailer, and every consumer.
2: Nothing in this Act (other than sections 54(1)﻿(n)﻿(ii) 55
a: any gas in circumstances in which any of the following enactments, or any regulations made under any of those enactments, apply:
i: Crown Minerals Act 1991
ii: the Shipping and Seamen Act 1952
iii: Land Transport Act 1998
b: any gas installation or class of gas installation that the Governor-General declares by Order in Council to be a gas installation or, as the case requires, a class of gas installation to which this Act does not apply:
c: any gas appliance or class of gas appliance that the Governor-General declares by Order in Council to be a gas appliance or, as the case requires, a class of gas appliance to which this Act does not apply:
d: any gas used as a feedstock, excluding any gas being reformed for use as a gaseous fuel:
e: any gas appliance used in metal working and fuelled exclusively by acetylene or any prescribed gas:
f: any gas appliance designed to be fuelled exclusively from a container not exceeding 120 millilitres in capacity:
g: any container used, or designed or intended to be used, for the storage of gas:
h: any liquefied petroleum gas that is in a liquid form and is in a pipe.
3: Despite subsection (2)﻿(d), that paragraph does not apply in relation to Part 4A
4: An order under subsection (2)﻿(b) or (c) is secondary legislation ( see Part 3 1982 No 27 s 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 3(2) amended 27 September 2001 section 3 Gas Amendment Act 2001 Section 3(2)﻿(a)﻿(i) amended 24 May 2013 section 65 Crown Minerals Amendment Act 2013 Section 3(2)﻿(a)﻿(iii) amended 10 May 2011 section 100(3) Land Transport (Road Safety and Other Matters) Amendment Act 2011 Section 3(2)﻿(a)﻿(iii) amended 1 March 1999 section 215(1) Land Transport Act 1998 Section 3(3) added 20 April 2010 section 4 Gas Amendment Act 2010 Section 3(4) inserted 28 October 2021 section 3 Secondary Legislation Act 2021
3A: Transitional, savings, and related provisions
The transitional, savings, and related provisions set out in Schedule 1AA Section 3A inserted 13 July 2021 section 5 Gas (Information Disclosure and Penalties) Amendment Act 2021
4: Act to bind the Crown
This Act binds the Crown.
2: General
Gas operators
5: Declaration of person as gas operator
1: The Minister may, by notice in the Gazette
2: The Minister must, as soon as reasonably practicable, by notice in the Gazette Section 5 substituted 22 October 2003 section 4 Gas Amendment Act 2003 Functions and powers of WorkSafe and Heading amended 16 December 2013 section 22 WorkSafe New Zealand Act 2013
6: 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 gas:
c: to perform such other functions as are provided for under this Act.
2: This section is subject to section 6A Section 6 replaced 16 December 2013 section 22 WorkSafe New Zealand Act 2013
6A: 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 6A inserted 16 December 2013 section 22 WorkSafe New Zealand Act 2013
6B: 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 6B inserted 16 December 2013 section 22 WorkSafe New Zealand Act 2013
7: Inspection of distribution systems, 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 gas appliance:
b: test any substance that WorkSafe
c: without limiting paragraph (b), take (without payment) samples of any substance that WorkSafe
d: for the purposes of examination and testing,—
i: remove any fittings, unless the removal of those fittings would unreasonably interfere with the operation of any distribution system:
ii: remove any gas appliance:
e: by notice in writing require any person whom WorkSafe WorkSafe
f: require any person who has control of or who uses the distribution system, gas installation, or gas appliance to produce any document required by this Act or any regulations made under section 54 section 55
5: This section shall apply notwithstanding anything to the contrary in section 52 Government Roading Powers Act 1989 1982 No 27 s 8 Section 7(1) amended 16 December 2013 section 22 WorkSafe New Zealand Act 2013 Section 7(2) amended 16 December 2013 section 22 WorkSafe New Zealand Act 2013 Section 7(3) amended 16 December 2013 section 22 WorkSafe New Zealand Act 2013 Section 7(4) amended 16 December 2013 section 22 WorkSafe New Zealand Act 2013 Section 7(4)﻿(b) amended 16 December 2013 section 22 WorkSafe New Zealand Act 2013 Section 7(4)﻿(c) amended 16 December 2013 section 22 WorkSafe New Zealand Act 2013 Section 7(4)﻿(e) amended 16 December 2013 section 22 WorkSafe New Zealand Act 2013 Section 7(5) amended 1 August 2008 section 50(1) Land Transport Management Amendment Act 2008
8: Report to be compiled
1: Where any test is carried out under section 7
a: compile a written report of the results of the test; and
b: give a copy of the report to—
i: the person whom the person reasonably believed to be in charge of the place in which the test was carried out or from which any substance or fittings or gas appliance was taken for testing; and
ii: the owner or occupier of that place (where that person is not the person referred to in subparagraph (i)); and
iii: the person who had control of or, as the case may be, who was using that substance or those fittings or that gas appliance (where that person is not the person referred to in subparagraph (i) or subparagraph (ii)).
2: Where any inspection is carried out under section 7
a: compile a written report of the results of the inspection; and
b: give a copy of the report to any person who is entitled to receive it and who requests such a copy.
3: Without limiting any other enactment, the following persons are entitled, on request, to be given a copy of a report compiled in respect of an inspection carried out under section 7
a: the owner of that place:
b: the occupier of that place:
c: the gas distributor, gas retailer, or consumer concerned (where that person is not the owner or occupier of that place). 1982 No 27 s 9
9: Special powers of
WorkSafe
1: WorkSafe
2: WorkSafe
a: to replace any gas measurement system, or any part of any gas measurement system, that is owned by that gas wholesaler, gas distributor, gas retailer, or consumer and that is part of a distribution system or a gas installation; and
b: to deliver the replaced gas measurement system or part for inspection and testing.
3: Where WorkSafe
a: that there is a danger or potential danger to the safety of any persons or property arising directly or indirectly from the presence or escape of any gas; or
b: that, because of anything done or omitted to be done, or intended to be done or not to be done, by any person, there would be a danger or potential danger to any persons or property should any gas be present or escape,— WorkSafe do or WorkSafe
3A: WorkSafe's
a: produce for inspection, within any reasonable period that WorkSafe WorkSafe WorkSafe
b: supply, within any reasonable period that WorkSafe WorkSafe WorkSafe
3B: 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.
4: This section shall apply notwithstanding anything to the contrary in section 52 Government Roading Powers Act 1989 1982 No 27 s 10 Section 9 heading amended 16 December 2013 section 22 WorkSafe New Zealand Act 2013 Section 9(1) amended 16 December 2013 section 22 WorkSafe New Zealand Act 2013 Section 9(2) amended 16 December 2013 section 22 WorkSafe New Zealand Act 2013 Section 9(3) amended 16 December 2013 section 22 WorkSafe New Zealand Act 2013 Section 9(3) amended 4 May 2010 section 7(1)﻿(a) Gas Amendment Act 2006 Section 9(3) amended 4 May 2010 section 7(1)﻿(b) Gas Amendment Act 2006 Section 9(3A) inserted 4 May 2010 section 7(2) Gas Amendment Act 2006 Section 9(3A) amended 16 December 2013 section 22 WorkSafe New Zealand Act 2013 Section 9(3A)﻿(a) amended 16 December 2013 section 22 WorkSafe New Zealand Act 2013 Section 9(3A)﻿(b) amended 16 December 2013 section 22 WorkSafe New Zealand Act 2013 Section 9(3B) inserted 4 May 2010 section 7(2) Gas Amendment Act 2006 Section 9(4) amended 1 August 2008 section 50(1) Land Transport Management Amendment Act 2008
10: Objections to
WorkSafe's
1: Every person who is affected by any notice given under section 7(4)﻿(e) section 9(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 10 heading amended 16 December 2013 section 22 WorkSafe New Zealand Act 2013 Section 10(2) amended 1 March 2017 section 261 District Court Act 2016 Section 10(2) amended 16 December 2013 section 22 WorkSafe New Zealand Act 2013 Section 10(4) amended 16 December 2013 section 22 WorkSafe New Zealand Act 2013 Section 10(5) amended 16 December 2013 section 22 WorkSafe New Zealand Act 2013
11: Effect of notice or requirement pending hearing
Subject to section 14 section 10 the District Court section 12(2) 1982 No 27 s 11(7) Section 11 amended 1 March 2017 section 261 District Court Act 2016
12: Procedure on hearing of objection
1: On the hearing of an objection under section 10 WorkSafe
2: On hearing the objection, the court may by order confirm, reverse, or modify the notice or requirement.
3: Subject to section 13 1982 No 27 s 11(5), (6) Section 12(1) amended 16 December 2013 section 22 WorkSafe New Zealand Act 2013
13: Appeal on question of law
1: Where any party to an objection under section 10 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 14 or abandoned Section 13(1) amended 1 March 2017 section 261 District Court Act 2016 Section 13(1) amended 1 July 2013 section 413 Criminal Procedure Act 2011 Section 13(3) replaced 1 July 2013 section 413 Criminal Procedure Act 2011 Section 13(4) amended 1 July 2013 section 413 Criminal Procedure Act 2011
14: WorkSafe
1: Notwithstanding sections 11 13(4) section 10 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 14 heading amended 16 December 2013 section 22 WorkSafe New Zealand Act 2013 Section 14(1) amended 16 December 2013 section 22 WorkSafe New Zealand Act 2013 Section 14(2) amended 1 July 2013 section 413 Criminal Procedure Act 2011 Section 14(3) amended 1 March 2017 section 261 District Court Act 2016 Section 14(3) amended 16 December 2013 section 22 WorkSafe New Zealand Act 2013
15: Appeal against decision on application for injunction
1: A party to proceedings under this Act on an application under section 14(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 15(1) substituted 24 November 2003 section 4 District Courts Amendment Act 2002 Section 15(1A) replaced 1 March 2017 section 261 District Court Act 2016 Section 15(2) substituted 24 November 2003 section 4 District Courts Amendment Act 2002 Section 15(2) amended 1 March 2017 section 261 District Court Act 2016 Section 15(2A) inserted 24 November 2003 section 4 District Courts Amendment Act 2002
16: Assessors
1: Where any objection has been lodged under section 10 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 1989 No 44 s 86(1) Section 16(1) amended 16 December 2013 section 22 WorkSafe New Zealand Act 2013
17: Notification
1: This section applies to every accident—
a: that involves the production, conversion, supply, distribution, or use of gas; and
b: that results in—
i: serious harm to any person; or
ii: significant property damage.
2:
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 is as follows:
a: in the case of an accident involving gas supplied by a gas distributor or gas retailer, that gas distributor or gas retailer:
b: if the accident is discovered by any person who is authorised to do gasfitting under Part 2
c: in all other cases, the occupier of the place where the accident occurred.
5: Every notice under this section shall be in the prescribed form (if any) and shall contain such particulars as are prescribed (if any).
6: Notification of an accident in accordance with either or both of the following provisions is compliance with subsection (3):
a: section 16(3)
b: section 56 1982 No 27 s 14 Section 17 heading amended 5 December 2006 section 8(1) Gas Amendment Act 2006 Section 17(1) substituted 5 December 2006 section 8(2) Gas Amendment Act 2006 Section 17(2) repealed 5 December 2006 section 8(2) Gas Amendment Act 2006 Section 17(3) amended 16 December 2013 section 22 WorkSafe New Zealand Act 2013 Section 17(4)﻿(b) substituted 1 April 2010 section 185 Plumbers, Gasfitters, and Drainlayers Act 2006 Section 17(6) added 5 December 2006 section 8(3) Gas Amendment Act 2006 Section 17(6)﻿(b) replaced 4 April 2016 section 232 Health and Safety at Work Act 2015
17A: Transfer of accident information
1: In this section, specified matter Gazette section 6A(2)
2: If WorkSafe is notified of an accident under section 17
3: If an accident relates to a specified matter, a person required to provide notification of any accident under section 17 may notify the Secretary in accordance with that section instead of WorkSafe. Section 17A replaced 16 December 2013 section 22 WorkSafe New Zealand Act 2013
18: Interference with scene of accident
1: No person shall interfere in any way with the scene of any accident to which section 17 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 17 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 18(1) amended 1 July 2017 section 197 Fire and Emergency New Zealand Act 2017 Section 18(1) amended 16 December 2013 section 22 WorkSafe New Zealand Act 2013 Section 18(1) amended 1 October 2008 section 116(a)﻿(ii) Policing Act 2008 Section 18(2) amended 16 December 2013 section 22 WorkSafe New Zealand Act 2013 Section 18(3) amended 4 April 2016 section 232 Health and Safety at Work Act 2015 Section 18(4) inserted 1 July 2017 section 197 Fire and Emergency New Zealand Act 2017
19: Inquiries into accidents
1: WorkSafe section 17
2: Where WorkSafe section 17 WorkSafe
3: Subject to section 22 WorkSafe WorkSafe
4: Where WorkSafe WorkSafe 1982 No 27 s 14(6), (7) Section 19(1) amended 16 December 2013 section 22 WorkSafe New Zealand Act 2013 Section 19(2) amended 16 December 2013 section 22 WorkSafe New Zealand Act 2013 Section 19(3) amended 16 December 2013 section 22 WorkSafe New Zealand Act 2013 Section 19(4) amended 16 December 2013 section 22 WorkSafe New Zealand Act 2013
20: Assistance to
WorkSafe Where WorkSafe WorkSafe 1982 No 27 s 15 Section 20 heading amended 16 December 2013 section 22 WorkSafe New Zealand Act 2013 Section 20 amended 16 December 2013 section 22 WorkSafe New Zealand Act 2013
21: 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 17 section 18(1) WorkSafe 1982 No 27 s 16 Section 21 heading amended 16 December 2013 section 22 WorkSafe New Zealand Act 2013 Section 21 amended 1 July 2013 section 413 Criminal Procedure Act 2011 Section 21 amended 4 May 2010 section 10(1) Gas Amendment Act 2006 Section 21(a) amended 16 December 2013 section 22 WorkSafe New Zealand Act 2013 Section 21(b)﻿(i) amended 16 December 2013 section 22 WorkSafe New Zealand Act 2013 Section 21(b)﻿(ii) amended 16 December 2013 section 22 WorkSafe New Zealand Act 2013 Section 21(b)﻿(iii) amended 16 December 2013 section 22 WorkSafe New Zealand Act 2013 Section 21(b)﻿(iv) amended 16 December 2013 section 22 WorkSafe New Zealand Act 2013 Section 21(c) amended 16 December 2013 section 22 WorkSafe New Zealand Act 2013 Section 21(d) amended 16 December 2013 section 22 WorkSafe New Zealand Act 2013 Section 21(d) amended 4 May 2010 section 10(2) Gas Amendment Act 2006
22: 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 gas operators and other owners of gas fittings
23: Protection of existing fittings
Any existing fittings, lawfully fixed to or lawfully installed over or under any land that is not owned by the person that owns the fittings, shall continue to be fixed or installed until the owner of the fittings otherwise decides, and no person other than the owner of the fittings shall have any interest in any such fittings by reason only of having an interest in the land. 1987 No 116 s 20 1988 No 164 s 17
24: Rights of entry in respect of existing fittings
1: Any person that owns any existing fittings may enter upon land for the purpose of gaining access to those fittings and may perform any act or operation necessary for the purpose of—
a: inspecting, maintaining, or operating the fittings:
b: in the case of fittings the construction, erection, or laying of which had not been completed before 1 January 1993, completing the fittings.
2: A certificate under the seal of the owner of any existing fittings containing a statement that a specified fitting was installed (in whole or in part) before 1 January 1993 under the authority of the Petroleum Act 1937 Gas Act 1982 Electric Power Boards Act 1925 Local Government Act 1974 Public Works Act 1981 1987 No 116 s 12 1988 No 164 s 14
25: Construction or maintenance of fittings on roads
1: Except as provided in subsection (2), a gas operator may from time to time construct, place, and maintain fittings in, on, along, over, across, or under any road, and for any of these purposes may—
a: open or break up any road:
b: alter the position of—
i: any pipe for the supply of gas; or
ii: any pipe (not being a main) for the supply of water; or
iii: any telecommunications line; or
iv: any electric works— that are laid or placed in, on, along, over, across, or under that road:
c: alter, repair, or remove any fittings so constructed, placed, or maintained, or any part of any such fittings.
2: No gas operator 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 gas operator, a condition requiring the gas operator to meet the reasonable costs and expenses of that local authority or other body or person—
a: in processing any notice given under section 26(1)
b: in supervising the carrying out of the work, where such supervision is necessary in the circumstances of the case.
4: Nothing in subsection (1) applies in respect of the construction of fittings for the purposes of gas transmission. 1987 No 116 s 15 1988 No 164 s 16 Section 25(2) substituted 6 August 2010 section 18 Infrastructure (Amendments Relating to Utilities Access) Act 2010
25A: Criteria for setting reasonable conditions
1: In setting, varying, or revoking reasonable conditions under section 25(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 51
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 gas operator to establish a gas 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 25(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 gas 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 25A inserted 6 August 2010 section 19 Infrastructure (Amendments Relating to Utilities Access) Act 2010 Section 25A(5) inserted 7 August 2020 section 300 Urban Development Act 2020
26: Notice to be given before work undertaken
1: Except as provided in subsection (5), before a gas operator proceeds to undertake any work pursuant to the powers contained in section 25(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 electric works that are laid or placed in, on, along, over, across, or under that road and that will be affected, or are likely to be affected, by the work.
2: Every such notice shall be in writing, and shall specify the location of the proposed work, the nature of the work to be undertaken, and the reasons for it.
3: Within 15 working days after the receipt of the written notice of the intention to undertake work, the persons who are given a notice pursuant to subsection (1) shall notify the gas operator in writing of any conditions imposed pursuant to section 25(2)
4: Where a person who is given a notice pursuant to subsection (1) fails to notify the gas operator of the conditions imposed pursuant to section 25(2)
5: Where any such work is rendered urgent and necessary by any defective equipment, or other emergency, the gas operator shall be excused from complying with the requirements of subsection (1) 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
27: Offence
1: Every gas operator commits an offence and is liable on section 25 section 26
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 27(1) amended 1 July 2013 section 413 Criminal Procedure Act 2011
28: Appeals in relation to conditions imposed
1: A gas operator shall have a right of appeal to the District Court section 25(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 electric works.
2: Every such appeal shall be made by giving notice of appeal within 40 working days after the date of notification of the conditions imposed, or within such further period as the court may allow on application made to it for that purpose either before or after the expiration of those 40 working days. 1987 No 116 s 15C 1988 No 164 s 16 Section 28(1) amended 1 March 2017 section 261 District Court Act 2016
29: Determination of appeals
1: In its determination of any appeal under section 28 the District Court
2: Subject to section 30 the District Court section 28 1987 No 116 s 15D 1988 No 164 s 16 Section 29(1) amended 1 March 2017 section 261 District Court Act 2016 Section 29(2) amended 1 March 2017 section 261 District Court Act 2016
30: Appeal on question of law
1: Where any party to any appeal under section 28
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 30(1) amended 1 July 2013 section 413 Criminal Procedure Act 2011 Section 30(3) replaced 1 July 2013 section 413 Criminal Procedure Act 2011
31: Charging for access to road reserve
1: Notwithstanding anything in this Act or any other enactment, no local authority or other body or person having jurisdiction over any road shall require the payment, by or on behalf of any gas operator, of any amount of or in the nature of rent in respect of any fittings constructed or placed in, on, along, over, across, or under that road.
2: Nothing in subsection (1) applies in respect of a rate assessed under the Local Government (Rating) Act 2002
3: In this section, the term road section 2 Government Roading Powers Act 1989 Section 31(2) substituted 1 July 2003 section 137(1) Local Government (Rating) Act 2002 Section 31(3) amended 1 August 2008 section 50(1) Land Transport Management Amendment Act 2008
32: Rights of entry in respect of level crossings
1: Where—
a: a gas operator wishes to enter upon any level crossing for the purpose of constructing, placing, or maintaining any fittings in, on, along, over, across, or under that level crossing; and
b: after taking all reasonable steps to do so, the gas operator has been unable to negotiate an agreement for entry,— the gas operator may, upon giving the owner and occupier of the level crossing not less than 10 working days’ notice of its intention to do so, apply to the District Court
2: On being satisfied that the construction, placing, or maintenance of any fittings is necessary for the purposes of distributing gas, and that the gas operator has taken all reasonable steps to negotiate an agreement for entry, and that, in relation to the construction or placing of any fittings, no practical alternative route or site exists, the court may make an order authorising the gas operator to—
a: enter and re-enter the level crossing at reasonable times, with or without such assistants, aircraft, boats, vehicles, appliances, machinery, and equipment as are reasonably necessary for the construction, placing, or maintenance of any fittings:
b: perform such work as may be reasonably necessary to construct, place, or maintain any fittings.
3: Every order under this section shall specify—
a: how and when entry is to be made; and
b: the specific powers intended to be exercised; and
c: such other conditions (including conditions relating to the payment of compensation) as the court thinks fit to impose.
4: Before exercising any powers authorised by an order made under this section, the gas operator shall serve the order on the owner and occupier of the level crossing to which the order relates.
5: Every officer, employee, or agent of a gas operator acting in pursuance of an order made under this section shall have with him or her and shall produce on initial entry and, if requested, at any subsequent time, evidence of his or her authority and identity.
6: Nothing in this section applies in respect of the construction, placing, or maintenance of fittings for the purposes of gas transmission. 1987 No 116 s 11 1988 No 164 s 13 Section 32(1) amended 1 March 2017 section 261 District Court Act 2016
33: Local authority, etc, may require fittings to be moved
1: Where any fittings (being fittings to which section 23 section 25
2: If the owner of the fittings 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 fittings written notice of that person’s intention to do so, do the work or have the work done by some other person.
3: The notice required by subsection (2) shall be given at least 15 working days before the work commences. 1982 No 27 s 48(1), (4)
34: Cost of work required under section 33
1: Subject to subsection (2), the reasonable cost of all work required to be done under section 33(1)
2: Where any work is required to be done under section 33(1)
a: were laid or erected contrary to any provision of—
i: this Act or any regulations made under section 54
ii: the Gas Act 1982
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 fittings.
3: Where any person requires any work to be done under section 33(1)
4: Where a controlling authority (being the New Zealand Transport Agency or the agent of the Minister of Transport) section 33(1)
a: in all cases the cost of materials (being fittings) that are used in the carrying out of the required work (other than fittings used only during the course of construction) shall be paid by the owner of the fittings:
b: where—
i: as a consequence of the requirement, the owner of the fittings elects to fix fittings to, or install fittings over, under, or through, a roading structure that is being, or is to be, constructed or altered; and
ii: the cost of that construction or those alterations is increased by reason that those fittings will be fixed to, or installed over, under, or through, that roading structure,— an amount equal to the amount by which the cost, to the controlling authority, of that construction or those alterations, as the case requires, is so increased shall be paid to the controlling authority by the owner of the fittings:
c: where, as a consequence of the requirement, the owner of the fittings relocates the fittings and reconstructs them to specifications different from those of the original fittings, the owner of the fittings shall pay the difference between—
i: what it would have cost to relocate and reconstruct the fittings as near as reasonably practicable to their original specifications (excluding any costs to which paragraph (a) would have applied), taking into account—
A: any restrictions or conditions imposed by or under any enactment in relation to the relocation and reconstruction; and
B: the location of the original fittings and the alternatives reasonably available to the owner of the fittings; and
ii: the actual cost of the relocation and reconstruction (excluding any costs to which paragraph (a) 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 fittings to which that requirement relates.
6: The amount of any payment that is required to be made under this section shall be determined in each case—
a: by agreement between the person liable for the payment and the person to whom it is payable; or
b: failing such agreement, by arbitration under the Arbitration Act 1908 1982 No 27 s 48(3), (5) Section 34(2)﻿(a)﻿(iv) substituted 1 July 2003 section 262 Local Government Act 2002 Section 34(4) amended 6 August 2010 section 20 Infrastructure (Amendments Relating to Utilities Access) Act 2010
35: Government Roading Powers Act 1989 Sections 33 34 section 54 Government Roading Powers Act 1989 Section 35 heading amended 1 August 2008 section 50(1) Land Transport Management Amendment Act 2008 Section 35 amended 1 August 2008 section 50(1) Land Transport Management Amendment Act 2008
36: Owners and occupiers of private land and buildings may move fittings
1: Subject to subsection (2), the owner or occupier of any private land or buildings into, through, or against which fittings to which section 23
2: No fittings may be moved, re-laid, or replaced under subsection (1) without the consent of the person that owns the fittings, but that consent shall not be unreasonably withheld.
3: The notice required by subsection (1) shall be given at least 15 working days before work to move the fittings commences. 1982 No 27 s 49
4: Gas codes of practice
37: Issue of gas code of practice
1: WorkSafe
a: the setting or endorsing of standards or specifications concerning the design, construction, installation, importation, or manufacture of distribution systems, gas installations, fittings, or gas appliances:
b: the setting of standards in respect of gas that is to be supplied to or used by gas retailers and consumers:
c: the operation or use of distribution systems, gas installations, fittings, or gas appliances:
d: the inspection or maintenance of distribution systems, gas installations, fittings, or gas appliances:
e: the safety of persons or property associated with or using distribution systems, gas installations, fittings, or gas appliances:
f: the setting or endorsing of standards or requirements relating to—
i: the training required for any specified class or classes of workers for the purposes of establishing and maintaining safety standards in relation to the manufacture, extraction, storage, processing, treatment, distribution, supply, and application of gas:
ii: the levels of technical or other qualifications necessary for the carrying out of any specified class or classes of gas work:
g: the setting or endorsing of standards, specifications, or requirements relating to or concerning the periodic examination of fittings and gas appliances installed in relocatable buildings or pleasure vessels, or both, and the issue of warrants of gas fitness in respect of such fittings and gas appliances:
h: the setting or endorsing of standards, controls, or requirements for the whole or any part of any tree or vegetation to prevent the interruption of the gas supply system.
2: WorkSafe
3: Every gas code of practice and every amendment or revocation of a gas code of practice shall show the date on which it was issued.
4: WorkSafe Hazardous Substances and New Organisms Act 1996 or the Health and Safety at Work Act 2015 1968 No 125 ss 24A, 24B(1), (2) 1983 No 123 s 6 Section 37(1) amended 16 December 2013 section 22 WorkSafe New Zealand Act 2013 Section 37(2) amended 16 December 2013 section 22 WorkSafe New Zealand Act 2013 Section 37(4) added 2 July 2001 section 149 Hazardous Substances and New Organisms Act 1996 Section 37(4) amended 1 December 2017 section 55 Hazardous Substances and New Organisms Amendment Act 2015 Section 37(4) amended 16 December 2013 section 22 WorkSafe New Zealand Act 2013
38: 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. Section 38(1) amended 16 December 2013 section 22 WorkSafe New Zealand Act 2013
39: Code to be approved by Minister
1: Subject to subsection (5), a gas code of practice, an amendment to such a code, and a revocation of such a code, shall not have any force or effect until it has been approved by the Minister.
2: Subject to subsection (3), 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 a gas 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 a gas code of practice or an amendment or revocation of that code, the Minister shall—
a: publish a notice of the approval in the Gazette
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 39(2)﻿(a) amended 16 December 2013 section 22 WorkSafe New Zealand Act 2013
40: 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 39(4)﻿(a) Section 40(1) amended 16 December 2013 section 22 WorkSafe New Zealand Act 2013
41: 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 37 section 39
5: If any regulation made under section 54
6: Despite section 73
7: Subsection (8) applies if, pursuant to section 6A(3) Gazette
8: Despite clauses 2 3 1968 No 125 s 24D 1983 No 123 s 6 Section 41(1) amended 16 December 2013 section 22 WorkSafe New Zealand Act 2013 Section 41(6) replaced 16 December 2013 section 22 WorkSafe New Zealand Act 2013 Section 41(7) replaced 16 December 2013 section 22 WorkSafe New Zealand Act 2013 Section 41(8) inserted 16 December 2013 section 22 WorkSafe New Zealand Act 2013 Section 41(8) amended 7 August 2020 section 135 Public Service Act 2020
42: Citation of code
In any regulations made under section 54 WorkSafe section 41(5) 1968 No 125 s 24E 1983 No 123 s 6 Section 42 amended 16 December 2013 section 22 WorkSafe New Zealand Act 2013
43: Proof of code
1: Without affecting any other method of proof, the production in any proceedings of a copy of any gas code of practice or amendment or revocation of a gas code of practice, purporting to have been issued by WorkSafe section 37 section 39
2: Without affecting any other method of proof, the production in any proceedings of—
a: a copy of an emergency amendment of a gas code of practice purporting to have been issued by WorkSafe section 41
b: a certificate under the hand of the Minister that the Minister has continued such an amendment in force until a date specified in the certificate shall, in the absence of proof to the contrary, be sufficient evidence that the amendment has been continued in force until that date under section 41(3)
3: In any proceedings for an offence against this Act or against any regulations made under section 54
a: any requirement or standard prescribed in any gas code of practice by reference to any official standard (not being a New Zealand Standard) may be proved by the production of a copy of such official standard certified to be correct by the 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 43(1) amended 16 December 2013 section 22 WorkSafe New Zealand Act 2013 Section 43(2)﻿(a) amended 16 December 2013 section 22 WorkSafe New Zealand Act 2013 Section 43(3)﻿(a) amended 4 April 2016 section 232 Health and Safety at Work Act 2015 Section 43(3)﻿(b) amended 4 April 2016 section 232 Health and Safety at Work Act 2015 Section 43(3)﻿(b) amended 16 December 2013 section 22 WorkSafe New Zealand Act 2013
4A: Governance of gas industry
Part 4A inserted 18 October 2004 section 5 Gas Amendment Act 2004
1: General and regulation-making powers
Subpart 1 inserted 18 October 2004 section 5 Gas Amendment Act 2004 Preliminary provisions Heading inserted 18 October 2004 section 5 Gas Amendment Act 2004
43A: Purpose
The purpose of this Part is to provide for the governance of the gas industry. Section 43A inserted 18 October 2004 section 5 Gas Amendment Act 2004
43B: Outline of Part
1: Subpart 1 principally contains regulation-making powers that can be used for the governance of the gas industry.
2: Subpart 2
3: Subpart 3
4: Subpart 2 subpart 3
5: Subpart 4 Commerce Act 1986
5A: Subpart 5
6: This section is intended only as a guide to the general scheme and effect of this Part. subpart 3 brought into force subpart 2 Section 43B inserted 18 October 2004 section 5 Gas Amendment Act 2004 Section 43B(5A) inserted 12 January 2022 section 6 Gas (Information Disclosure and Penalties) Amendment Act 2021
43C: Outline of regulation-making powers
1: In this subpart, the principal regulation-making powers are as follows: The following table is small in size and contains 2 columns. Column 1 is headed Type of regulations. Column 2 is headed How they can be made. Type of regulations How they can be made Regulations for terms and conditions of access to Maui pipeline Regulations on retail and consumer issues They can be made at any time, (whether or not the industry body has been approved, or the Commission is established, or has made a recommendation). Regulations on wholesale market Regulations on gas processing facilities Regulations on transmission, and distribution of gas (other than on terms and conditions of access to Maui pipeline) Regulations on arrangements relating to outages and other security of supply risks Regulations on information disclosure for the whole gas industry They can be made only if—
a: an industry body is approved (and then only to implement the effect of a recommendation by that body); or
b: the Commission is established (and then only for transitional purposes or to implement the effect of a recommendation by the Commission).
2: This section is intended only as a guide to the general scheme and effect of the principal regulation-making powers in this Part. Section 43C inserted 18 October 2004 section 5 Gas Amendment Act 2004 Section 43C(1) amended 13 July 2021 section 7 Gas (Information Disclosure and Penalties) Amendment Act 2021
43D: Interpretation
In this Part, unless the context otherwise requires,— board Commission section 43ZZH constitution domestic consumer gas governance regulations sections 43F to 43TA GPS objectives and outcomes section 43ZO industry body section 43ZL industry participant
a: a gas retailer:
b: a gas distributor:
c: a gas producer:
d: a pipeline owner:
e: a gas wholesaler:
f: a person who purchases gas directly from a gas producer or gas wholesaler or on any wholesale gas market:
g: a service provider appointed under any gas governance regulations:
h: a gas metering equipment owner:
i: a data administrator that provides data administration services to the gas industry,— but does not include the industry body or the Commission (even to the extent that the industry body or the Commission may be acting as a service provider after an appointment under gas governance regulations) member
a: in relation to the board of the industry body, means a director or trustee or other person occupying a similar position by whatever name called; and
b: in relation to the industry body itself, means a share-holder or beneficiary or other person occupying a similar position by whatever name called publicise
a: to make the document available to the public, at no cost, on a website maintained by or on behalf of the industry body or the Commission, as the case may be, at all reasonable times; and
b: to give notice of the document in the Gazette recommending body rules gas governance rules section 43Q Rulings Panel small consumer Section 43D inserted 18 October 2004 section 5 Gas Amendment Act 2004 Section 43D gas governance regulations amended 13 July 2021 section 8 Gas (Information Disclosure and Penalties) Amendment Act 2021 Section 43D gas producer repealed 12 December 2012 section 5 Gas Amendment Act 2012 Dispute resolution Heading substituted 1 November 2010 section 166 Electricity Industry Act 2010
43E: Access to dispute resolution scheme
1: Any person described in subsection (2) may make a complaint to the dispute resolution scheme concerning a gas distributor or a gas retailer.
2: The persons who may make a complaint are any persons (including consumers, potential consumers, and owners and occupiers of land) except members of the dispute resolution scheme.
3: The dispute resolution scheme
a: the approved scheme identified in clause 3 Electricity Industry Act 2010
b: the regulated scheme provided for in regulations made under clause 18
4: The procedures for making complaints to the dispute resolution scheme are as set out in the rules of the dispute resolution scheme. 1992 No 122 s 158G Section 43E substituted 1 November 2010 section 166 Electricity Industry Act 2010
43EAA: Indemnity disputes
The dispute resolution scheme may resolve disputes between members of the dispute resolution scheme concerning the application of the indemnity in section 46A indemnity dispute Section 43EAA inserted 17 June 2014 section 16 Consumer Guarantees Amendment Act 2013
43EA: Membership of dispute resolution scheme
1: Every gas distributor and every gas retailer must be a member of the dispute resolution scheme, unless exempt under subsection (3).
2: A person commits an offence and is liable on
3: A person need not be a member of a dispute resolution scheme if—
a: the person is a member of a class of industry participants identified in regulations made under subsection (3A)
b: the Minister of Consumer Affairs exempts the person by issuing an individual exemption notice in the Gazette
i: identifies the person that is exempt from the obligation to be a member; and
ii: gives reasons for the exemption.
3A: The Governor-General may, on the recommendation of the Minister of Consumer Affairs made after consultation with the Minister of Energy and Resources, make regulations exempting, on any terms and conditions, any class of industry participants identified in regulations as a class that need not be a member of the dispute resolution scheme.
4: The Minister of Consumer Affairs may grant an individual exemption to a person only if he or she is satisfied that membership of the dispute resolution scheme by the person is not necessary in order to meet the purpose of the dispute resolution scheme because complaints are unlikely to be made against the person or because complaints should be made in another forum , and the person is unlikely to be involved in indemnity disputes
5: The Minister of Consumer Affairs may amend or revoke an individual exemption, by issuing a notice in the Gazette
a: has given notice of the proposed amendment or revocation to the exempt person (where possible) and given the person a reasonable opportunity to comment on the proposal; and
b: is satisfied that the amendment or revocation is necessary or desirable in order to meet the purpose of the dispute resolution scheme.
6:
7: The Ministry must include on its Internet site a list of all current class and individual exemptions.
8: Regulations under subsection (3A) 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 43EA inserted 1 November 2010 section 166 Electricity Industry Act 2010 Section 43EA(2) amended 1 July 2013 section 413 Criminal Procedure Act 2011 Section 43EA(3)﻿(a) amended 30 May 2017 section 143(1) Regulatory Systems (Commercial Matters) Amendment Act 2017 Section 43EA(3A) inserted 30 May 2017 section 143(2) Regulatory Systems (Commercial Matters) Amendment Act 2017 Section 43EA(4) amended 17 June 2014 section 16 Consumer Guarantees Amendment Act 2013 Section 43EA(6) repealed 28 October 2021 section 3 Secondary Legislation Act 2021 Section 43EA(8) inserted 28 October 2021 section 3 Secondary Legislation Act 2021
43EB: Compliance with rules and binding settlements
1: Members of the dispute resolution scheme must comply with the rules of the scheme.
2: On the application of the person responsible for the dispute resolution scheme, the District Court may require a member of the scheme to do any
a: comply with the rules of the scheme:
b: comply with a binding settlement determined by the scheme in response to a complaint:
c: comply with a binding settlement determined by the scheme in an indemnity dispute.
3: If the District Court
4: If an order requiring a member to comply with a binding settlement includes a requirement that the member pay an amount of money to a person, that order (or part of the order) may be enforced as if it were a judgment by the District Court
5: A reference in this section to a member Section 43EB inserted 1 November 2010 section 166 Electricity Industry Act 2010 Section 43EB(2) amended 17 June 2014 section 16 Consumer Guarantees Amendment Act 2013 Section 43EB(2)﻿(c) inserted 17 June 2014 section 16 Consumer Guarantees Amendment Act 2013 Section 43EB(3) amended 1 March 2017 section 261 District Court Act 2016 Section 43EB(4) amended 1 March 2017 section 261 District Court Act 2016 Section 43EB(5) inserted 12 December 2012 section 6 Gas Amendment Act 2012
43EC: Offence to fail to comply with District Court order
1: A member or former member or former member section 43EB
2: Nothing in this section applies to an order or part of an order of the District Court section 43EB(4) Section 43EC inserted 1 November 2010 section 166 Electricity Industry Act 2010 Section 43EC(1) amended 1 July 2013 section 413 Criminal Procedure Act 2011 Section 43EC(1) amended 12 December 2012 section 7 Gas Amendment Act 2012 Section 43EC(2) amended 1 March 2017 section 261 District Court Act 2016 Gas industry regulation-making powers Heading inserted 18 October 2004 section 5 Gas Amendment Act 2004
43F: Gas governance regulations for wholesale market, processing facilities, transmission,
distribution of gas, security of supply, and disclosure
1: The Governor-General may, by Order in Council made on the recommendation of the Minister in accordance with sections 43I to 43P
2: The purposes are— Wholesale gas market
a: providing for the establishment and operation of wholesale markets for gas, including for—
i: protocols and standards for reconciling and balancing gas:
ii: clearing, settling, and reconciling market transactions:
iii: the provision and disclosure of data and other market information:
iv: minimum prudential standards of market participation:
v: minimum standards of market conduct:
vi: Processing facilities
b: setting reasonable terms and conditions for access to, and use of, gas processing facilities where—
i: this is reasonably necessary to allow new fields to be developed; and
ii: spare capacity is available or could be made available if the person accessing or using the facilities paid the reasonable costs (including the costs of capital) of providing the additional capacity: Transmission and distribution of gas
c: prescribing reasonable terms and conditions for access to and use of
d: requiring expansions, upgrades, or service quality improvements to gas transmission pipelines including specifying how these will be paid for: Arrangements relating to outages and other security of supply risks
e: providing, in relation to wholesale or any other markets for gas, for arrangements relating to outages and other security of supply risks, including imposing requirements in connection with those matters on any industry participant or consumer (other than a domestic consumer): Information disclosure for whole gas industry
f: providing for the provision and disclosure of data and information by any industry participant or consumer (other than a domestic consumer).
3: The data and information referred to in subsection (2)﻿(f) may include, for example, any of the following to the extent that it relates to the gas industry:
a: volume, price, or other market information:
b: forecasts of supply or demand:
c: information about actual or potential outages:
d: information about risks to security of supply:
e: information about an industry participant or a consumer (other than a domestic consumer) that has, or may have, a significant impact on other industry participants or consumers:
f: information to help other industry participants or consumers (other than domestic consumers) to make informed decisions in connection with the gas industry.
4: Nothing in subsection (2)﻿(a) to (e) or section 43G
5: 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 43F inserted 18 October 2004 section 5 Gas Amendment Act 2004 Section 43F heading amended 13 July 2021 section 9(1) Gas (Information Disclosure and Penalties) Amendment Act 2021 Section 43F(2)﻿(a)﻿(vi) repealed 13 July 2021 section 9(2) Gas (Information Disclosure and Penalties) Amendment Act 2021 Section 43F(2)﻿(c) amended 12 December 2012 section 8 Gas Amendment Act 2012 Section 43F(2)﻿(e) heading inserted 13 July 2021 section 9(3) Gas (Information Disclosure and Penalties) Amendment Act 2021 Section 43F(2)﻿(e) inserted 13 July 2021 section 9(3) Gas (Information Disclosure and Penalties) Amendment Act 2021 Section 43F(2)﻿(f) heading inserted 13 July 2021 section 9(3) Gas (Information Disclosure and Penalties) Amendment Act 2021 Section 43F(2)﻿(f) inserted 13 July 2021 section 9(3) Gas (Information Disclosure and Penalties) Amendment Act 2021 Section 43F(3) inserted 13 July 2021 section 9(4) Gas (Information Disclosure and Penalties) Amendment Act 2021 Section 43F(4) inserted 13 July 2021 section 9(4) Gas (Information Disclosure and Penalties) Amendment Act 2021 Section 43F(5) inserted 28 October 2021 section 3 Secondary Legislation Act 2021
43G: Other gas governance regulations
1: The Governor-General may, by Order in Council made on the recommendation of the Minister in accordance with sections 43I to 43P
2: The purposes are—
a: Prepayment meters
b: requiring gas retailers to offer prepayment meters to domestic consumers at a reasonable cost, and prescribing conditions on which those meters must be offered, with the objective of ensuring that all domestic consumers who wish to pay for gas in advance have the option to do so at reasonable cost: Ability of consumers to choose preferred gas retailer
c: providing for arrangements to enable consumers to switch gas retailers: Transition arrangements for insolvent gas retailers
d: providing a system of transition arrangements for consumers in the event of a gas retailer becoming insolvent, and requiring industry participants to comply with that system, with the objective of protecting consumers or managing the liabilities of other gas retailers: Disclosure of information
e: providing for the disclosure of information by gas transmitters, distributors, and retailers on tariff and other charges: Terms and conditions of access
f: providing for terms and conditions of access to gas meters by gas retailers: Information on customer accounts
g: providing for information on customer accounts: Consumer contracts
h: providing for minimum terms and conditions in contracts between domestic consumers and gas distributors or gas retailers: Dispute resolution procedures
i: providing procedures for resolving disputes between industry participants , other than indemnity disputes (as defined in section 43EAA
j: providing for the operation and facilitation of those dispute resolution procedures by a person, and the powers and procedures of that person: Enforcement of gas governance regulations
k: providing for compliance with gas governance regulations and rules to be monitored and enforced by the industry body or the Commission or any other person or court, and the powers and procedures Processes
l: providing for processes for settling particular issues within the gas industry that may result in recommendations for gas governance regulations or rules, and requiring compliance by industry participants, the industry body, and the Commission with those processes, including compliance with requirements to produce documents as part of those processes.
3: 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 43G inserted 18 October 2004 section 5 Gas Amendment Act 2004 Section 43G(2)﻿(a) repealed 12 December 2012 section 9(1) Gas Amendment Act 2012 Section 43G(2)﻿(c) substituted 20 September 2007 section 4 Gas Amendment Act 2007 Section 43G(2)﻿(i) amended 17 June 2014 section 16 Consumer Guarantees Amendment Act 2013 Section 43G(2)﻿(k) amended 12 December 2012 section 9(2) Gas Amendment Act 2012 Section 43G(3) inserted 28 October 2021 section 3 Secondary Legislation Act 2021
43H: Low fixed charge tariff option for domestic consumers
1: The objective of this section is to enable the making of regulations to ensure that gas providers offer a low fixed charge tariff option or options for delivered gas to domestic consumers that will assist low-use consumers and encourage energy conservation.
2: In this section,— delivered gas fixed charge gas provider
3: The Governor-General may, by Order in Council made on the recommendation of the Minister in accordance with sections 43I to 43P
a: requiring gas providers to make available to domestic consumers 1 or more tariff options that include a fixed charge for delivered gas to dwellinghouses at not more than a specified amount:
b: regulating the variable (cents per kilowatt hour) charges in those required tariff options to ensure that low-use domestic consumers would pay a lower total charge on the required tariff option than on any similar alternative tariff option available from that gas provider:
c: regulating other charges and other terms and conditions of the contracts to which the low fixed charge tariff options in paragraph (a) relate, to ensure that they are not, in the opinion of the Minister, unreasonably detrimental to the interests of low-use consumers:
d: setting rules as to the offering, supply, advertisement, promotion, availability, and unbundling of regulated charging options:
e: specifying criteria for the Minister to exempt gas providers, or gas providers in relation to particular areas, from the application of the regulations if, in the opinion of the Minister, the gas providers materially comply with the objective of this section.
4: No gas provider that is a customer trust or a community trust may pay a domestic consumer who is on the required tariff option a different rebate only because the consumer is on the required tariff option.
5: Each trustee of a gas provider that contravenes subsection (4) commits an offence, and is liable on
6: If the components that make up the delivered gas are unbundled, regulations may be made under subsection (3) for each component, or group of components, of delivered gas to ensure that the objective of this section is achieved for the aggregate of all the components.
7: Subsection (6) applies regardless of whether different components of delivered gas are supplied by the same gas provider.
8: Regulations made under subsection (3) may provide for the way in which the total charge of the low-use domestic consumer is to be assessed, which may be (without limitation) calculated with reference to national data or the data relating to any gas retailer or gas distributor.
9: The Governor-General may, for the purpose of assisting retailers to deliver low fixed charge tariff options, by Order in Council made on the recommendation of the Minister in accordance with sections 43I to 43P
a: regulating all or any charges charged by gas distributors to ensure that they are not, in the opinion of the Minister, unreasonably detrimental to the interests of low-use consumers:
b: regulating the terms and conditions under which gas distributors supply their services in relation to domestic consumers to ensure that they are not, in the opinion of the Minister, unreasonably detrimental to the interests of low-use consumers:
c: setting rules as to the offering, availability, supply, and unbundling of gas distributors’ services:
d: regulating the charging, offering, supply, and availability of delivered gas by other gas providers.
10: The Governor-General may, by Order in Council made on the recommendation of the Minister in accordance with sections 43I to 43P
a: about contracts, offers, advertising, or promotion relating to the supply of delivered gas, or components of delivered gas, to domestic consumers; or
b: information that is necessary for the purposes of calculating the total charge for the low-use domestic consumer.
11: 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 43H inserted 18 October 2004 section 5 Gas Amendment Act 2004 Section 43H(5) amended 1 July 2013 section 413 Criminal Procedure Act 2011 Section 43H(11) inserted 28 October 2021 section 3 Secondary Legislation Act 2021 Process for making recommendations for gas governance regulations Heading inserted 18 October 2004 section 5 Gas Amendment Act 2004
43I: Which gas governance regulations can be made if there is no industry body or Commission
If there is no industry body and no Commission, the Minister may recommend only—
a: regulations prescribing terms and conditions for access to the Maui pipeline under section 43F(2)﻿(c)
b: regulations under section 43G section 43H section 43S 43TA Section 43I inserted 18 October 2004 section 5 Gas Amendment Act 2004 Section 43I(b) amended 13 July 2021 section 10 Gas (Information Disclosure and Penalties) Amendment Act 2021
43J: Which gas governance regulations can be made if there is industry body but no Commission
1: If there is an industry body but no Commission, the Minister may recommend only—
a: regulations prescribing terms and conditions for access to the Maui pipeline under section 43F(2)﻿(c)
b: other gas governance regulations under section 43F
i: implements the effect of a recommendation of the industry body; and
ii: does not differ from that recommendation in any material way (for example, other than in matters of drafting style or minor detail):
c: regulations under section 43G section 43H section 43S 43TA
2: If there is an industry body but no Commission, the Minister must not recommend gas governance regulations under paragraph (a) or paragraph (c) or paragraph (h) of section 43G(2) unless the industry body has been given a reasonable opportunity to recommend gas governance regulations under those paragraphs. Section 43J inserted 18 October 2004 section 5 Gas Amendment Act 2004 Section 43J(1)﻿(c) amended 13 July 2021 section 11 Gas (Information Disclosure and Penalties) Amendment Act 2021
43K: Which gas governance regulations can be made if there is Commission
If there is a Commission, the Minister may recommend any gas governance regulations but only if—
a: the recommendation is for transitional purposes if the Commission has not yet made a recommendation to the Minister on the matter; or
b: the recommendation—
i: implements the effect of a recommendation of the Commission; and
ii: does not differ from that recommendation in any material way (for example, other than in matters of drafting style or minor detail). Section 43K inserted 18 October 2004 section 5 Gas Amendment Act 2004
43L: Consultation before making recommendation for gas governance regulations
1: Before making a recommendation for any gas governance regulations, the recommending body must—
a: undertake an assessment under section 43N
b: consult with persons that the recommending body thinks are representative of the interests of persons likely to be substantially affected by the proposed regulations; and
c: give those persons the opportunity to make submissions; and
d: consider those submissions.
2: However, subsection (1) does not apply to the Minister if the Minister’s recommendation—
a: implements the effect of a recommendation of the industry body or the Commission; and
b: does not differ from that recommendation in any material way (for example, other than in matters of drafting style or minor detail).
3: Before making a recommendation concerning regulations under section 43G(2)﻿(a) to (h) section 43H
4: This section is subject to section 43P
5: A regulation that is found by a court to be invalid solely because of a contravention of this section may not be declared to be invalid with effect earlier than 6 months after the date of the declaration. Section 43L inserted 18 October 2004 section 5 Gas Amendment Act 2004
43M: Other process for making recommendations for gas governance regulations
1: The following also applies to the making of recommendations for gas governance regulations:
a: sections 43ZN to 43ZP
b: sections 43ZZN and 43ZZO
c: the industry body or the Commission must undertake an assessment under section 43N
d: the Minister must, before making a recommendation for gas governance regulations for which a recommendation of the industry body is not required under section 43J
2: Subsection (1)﻿(c) is subject to section 43P Section 43M inserted 18 October 2004 section 5 Gas Amendment Act 2004
43N: Assessment of proposed gas governance regulations
1: Before making a recommendation to the Minister for a gas governance regulation, the industry body or the Commission must—
a: seek to identify all reasonably practicable options for achieving the objective of the regulation; and
b: assess those options by considering—
i: the benefits and costs of each option; and
ii: the extent to which the objective would be promoted or achieved by each option; and
iii: any other matters that the industry body or the Commission considers relevant; and
c: ensure that the objective of the regulation is unlikely to be satisfactorily achieved by any reasonably practicable means other than the making of the regulation (for example, by education, information, or voluntary compliance); and
d: prepare a statement of the proposal for the purpose of consultation under section 43L(1)
2: The statement of the proposal referred to in subsection (1)﻿(d) must contain—
a: a detailed statement of the proposal; and
b: a statement of the reasons for the proposal; and
c: an assessment of the reasonably practicable options, including the proposal, identified under subsection (1); and
d: other information that the industry body or the Commission considers relevant.
3: The industry body or the Commission is not required to comply with subsection (1) if it is satisfied that the effect of the recommendation is minor and will not adversely affect the interests of any person in a substantial way. Section 43N inserted 18 October 2004 section 5 Gas Amendment Act 2004
43O: Process after making recommendation for gas governance regulation
1: The industry body and the Commission must, no later than 10 working days after it gives a recommendation to the Minister for a gas governance regulation, publicise—
a: that recommendation; and
b: the assessment completed under section 43N
2: The Commission or the Minister must advise the Commerce Commission as soon as practicable after making any recommendation for a gas governance regulation that is likely to affect any powers of the Commerce Commission under Part 4 sections 70 to 72 Section 43O inserted 18 October 2004 section 5 Gas Amendment Act 2004
43P: Urgent regulations
Sections 43L 43N
a: the recommending body must—
i: comply with sections 43L 43N
ii: make a recommendation to the Minister on whether the regulations should be revoked, replaced, or amended; and
iii: no later than 10 working days after making the recommendation, publicise the recommendation and the assessment completed under section 43N
b: after receiving that recommendation, the Minister must publish a notice in the Gazette and then, within a further 6 months, the Minister must make that recommendation. Section 43P inserted 18 October 2004 section 5 Gas Amendment Act 2004 Gas governance rules Heading inserted 18 October 2004 section 5 Gas Amendment Act 2004
43Q: Gas governance rules
1: The Minister may make a rule for all or any of the purposes for which a gas governance regulation may be made.
2: In deciding whether to make a rule rather than recommend the making of a gas governance regulation, the Minister must have regard to only—
a: the importance of the rule, including whether the rule has a material effect on the rights and interests of individuals:
b: the subject matter of the rule, including whether the rule contains detailed or technical matters rather than matters of general principle:
c: the application of the rule, including—
i: whether the rule applies principally to a particular group (eg, industry participants) rather than the general public:
ii:
d: the expertise and rule-making procedures of the recommending body.
3: If the Minister makes, or the recommending body recommends, a rule for a purpose for which a gas governance regulation may be made, sections 43I to 43P
4:
5: Rules under this section are secondary legislation ( see Part 3
6: To the extent that a rule is inconsistent with a gas governance regulation, the rule is subject to the gas governance regulation.
7: A rule that is found by a court to be invalid solely because of a contravention of subsection (2) may not be declared to be invalid with effect earlier than 6 months after the date of the declaration. 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 •	notify it in the Gazette •	make it available for inspection free of charge at the head office of the Ministry and the principal office of the recommending body (during ordinary office hours) •	make it available for sale at a reasonable price •	make it available on the Internet in an electronic form that is publicly accessible (at all reasonable times) 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 43Q inserted 18 October 2004 section 5 Gas Amendment Act 2004 Section 43Q(2)﻿(c)﻿(ii) repealed 28 October 2021 section 3 Secondary Legislation Act 2021 Section 43Q(4) repealed 28 October 2021 section 3 Secondary Legislation Act 2021 Section 43Q(5) replaced 28 October 2021 section 3 Secondary Legislation Act 2021
43R: Method of making gas governance rules
Section 43R repealed 28 October 2021 section 3 Secondary Legislation Act 2021 Supplementary provisions Heading inserted 18 October 2004 section 5 Gas Amendment Act 2004
43S: Supplementary
provision relating to
1: Any regulations or rules made under this subpart may—
a: provide for 1 or more persons or bodies or groups of persons to carry out functions in relation to those regulations or rules, and for matters concerning their establishment, constitution, functions, members (including their appointment, removal, duties, and protection from liability), procedures, employees, administration and operation, funding by industry participants, and reporting requirements:
b: provide for systems, processes, and procedures (including dispute resolution procedures), and the keeping, supply, and disclosure of information, in relation to any of the matters specified in this subpart:
c: prescribe the form and manner in which information is to be disclosed:
d: require disclosed information, or information from which disclosed information is derived (in whole or in part), to be certified, in the prescribed form and manner, by persons belonging to any specified class of persons:
e: prescribe when and for how long information must be disclosed:
f: exempt or provide for exemptions (including provide for the revocation of exemptions), on any terms and conditions, of any person or class of persons from all or any of the requirements in regulations or rules made under this subpart:
fa:
g: provide for the supply of information for the purpose of administration and enforcement of this Act, and regulations and rules made under this Act:
h: provide for transitional provisions:
i: provide for any other matters contemplated by this Act or necessary for its administration or necessary for giving it full effect.
2: Regulations or rules that may be made in respect of all industry participants or classes of industry participants may be made in respect of all or any of the persons in that class and in respect of all or part of their business.
3: In this subpart, unless the context otherwise requires, terms and conditions
4: If regulations or rules authorise a person to grant exemptions referred to in subsection (1)﻿(f),—
a: an exemption is secondary legislation ( see Part 3
b: the regulations or rules must contain a statement to that effect. 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 (4)﻿(a) that is made under regulations. Legislation Act 2019 requirements for secondary legislation referred to in subsection (4)﻿(a) that is made under regulations Publication See the relevant publication, presentation, and disallowance table in the regulations under which it is made 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. 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 (4)﻿(a) that is made under rules. Legislation Act 2019 requirements for secondary legislation referred to in subsection (4)﻿(a) that is made under rules Publication If the rules were made before 28 October 2021, the maker must comply with any requirements to publish, notify, or otherwise make it available that applied under this Act or the rules immediately before that date LA19 ss 73 74 cl 14 If the rules were made on or after 28 October 2021, the maker must publish it in accordance with the Legislation (Publication) Regulations 2021 Presentation The Minister must present it to the House of Representatives, unless it is excluded by section 114(2) clause 32 LA19 s 114 cl 32 Disallowance It may be disallowed by the House of Representatives, unless it is excluded by section 115 LA19 ss 115 116 This note is not part of the Act. Section 43S inserted 18 October 2004 section 5 Gas Amendment Act 2004 Section 43S heading amended 13 July 2021 section 12 Gas (Information Disclosure and Penalties) Amendment Act 2021 Section 43S(1)﻿(fa) repealed 30 May 2017 section 144 Regulatory Systems (Commercial Matters) Amendment Act 2017 Section 43S(4) inserted 28 October 2021 regulation 56 Legislation Act (Amendments to Legislation) Regulations 2021
43TA: Regulations may provide for pecuniary penalties for consumers (other than domestic consumers)
1: Any regulations made under this subpart may do 1 or more of the following:
a: identify provisions of regulations made under this subpart, or provisions of rules made under section 43Q subpart 5
b: prescribe, in relation to each of those provisions, the maximum pecuniary penalty that may be imposed under subpart 5
c: prescribe a defence to a proceeding under subpart 5
2: A maximum pecuniary penalty referred to in subsection (1)﻿(b) must not exceed $200,000. Section 43TA inserted 13 July 2021 section 14 Gas (Information Disclosure and Penalties) Amendment Act 2021
43T: Supplementary empowering provision for regulations
Section 43T repealed 12 January 2022 section 13 Gas (Information Disclosure and Penalties) Amendment Act 2021 Provisions that apply if gas governance regulations or rules are in force Heading inserted 18 October 2004 section 5 Gas Amendment Act 2004
43U: Party must co-operate with investigations
Every industry participant must co-operate fully with any investigation carried out, for the purposes of monitoring or enforcing any gas governance regulations or rules, by the industry body or the Commission, or by an investigator appointed under those regulations,—
a: by providing, within any reasonable time specified by the industry body, Commission, or investigator, all information, papers, recordings, and documents concerning the matter that are in the possession, or under the control, of the industry participant and that are requested for the purpose of the investigation; and
b: by permitting its officers or other employees to be interviewed (which interview may be recorded) and by ensuring as far as possible that they are made available for interview and answer truthfully and fully any questions put to them; and
c: by giving to the industry body or the Commission, or any person authorised by the industry body or the Commission, at all reasonable times, full access to any premises (subject to complying with any safety requirements that apply to visitors to those premises) at which the industry participant carries on business or maintains records; and
d: by giving all other assistance that may be reasonable and necessary to enable the matter to be fully investigated. Section 43U inserted 18 October 2004 section 5 Gas Amendment Act 2004
43V: Privileges protected
1: Section 43U
2: A person is not excused from answering a question or giving any information or document on the ground that to do so may incriminate or tend to incriminate that person.
3: However, a self-incriminating statement or document made or given by an individual
a: is not admissible as evidence in criminal or civil proceedings against that individual
b: may not be used against the individual Section 43V inserted 18 October 2004 section 5 Gas Amendment Act 2004 Section 43V(3) amended 12 January 2022 section 15(1) Gas (Information Disclosure and Penalties) Amendment Act 2021 Section 43V(3)﻿(a) amended 12 January 2022 section 15(2) Gas (Information Disclosure and Penalties) Amendment Act 2021 Section 43V(3)﻿(b) amended 12 January 2022 section 15(2) Gas (Information Disclosure and Penalties) Amendment Act 2021
43W: Limits on investigation powers
1: The industry body or the Commission may authorise, in writing, any person or persons to exercise all or any of the powers referred to in section 43U(b) or (c)
2: An authorised person must, before entering premises under section 43U(c)
3: An authorised person must, on first entering any premises under section 43U(c)
4: If an authorised person enters any premises under section 43U(c)
a: the authorised person’s identity; and
b: the address of premises where the authorised person may be contacted; and
c: the date and time of entry; and
d: the reasons for entering.
5: Section 43U(c)
6: An authorised person may apply for a warrant by application made in the manner provided in subpart 3
7: An issuing officer (within the meaning of section 3
8: The provisions of subparts 1 3 7 9 10 Section 43W inserted 18 October 2004 section 5 Gas Amendment Act 2004 Section 43W(6) amended 1 October 2012 section 318(2) Search and Surveillance Act 2012 Section 43W(7) amended 1 October 2012 section 318(3) Search and Surveillance Act 2012 Section 43W(8) inserted 1 October 2012 section 318(4) Search and Surveillance Act 2012
43X: Rulings Panel may make certain orders
1: A Rulings Panel may, after considering any complaint or matter referred to it in respect of any allegation that an industry participant has breached any gas governance regulations or rules,—
a: decide that no action should be taken:
b: issue a private warning or reprimand to an industry participant:
c: issue a public warning or reprimand to an industry participant:
d: impose additional or more stringent record-keeping or reporting requirements under or in connection with any gas governance regulation or rule:
e: order an industry participant to pay a civil pecuniary penalty not exceeding $200,000
f: order an industry participant to pay a sum by way of compensation to any other person:
g: order an industry participant that is found not to be complying with the gas governance regulations or rules to take any action that is necessary to restore it to a position of compliance:
h: make an order terminating or suspending the rights of an industry participant under any gas governance regulation or rule:
i: make orders regarding the reasonable costs of any investigations or proceedings:
j: propose to the industry body or the Commission that it recommend to the Minister that a change should be made to a regulation or rule.
2: In making any such decision, the Rulings Panel must take into account its previous decisions in respect of any similar situations previously dealt with by the industry body, the Commission, or the Rulings Panel. Section 43X inserted 18 October 2004 section 5 Gas Amendment Act 2004 Section 43X(1)﻿(e) amended 12 January 2022 section 16 Gas (Information Disclosure and Penalties) Amendment Act 2021
43Y: Restriction of remedies
1: The remedies provided for in section 43X
2: No one can bring an action for breach of statutory duty that arises out of, or relates to, a breach of those regulations or rules by an industry participant.
3: This section does not limit the recovery of—
a: a debt owing under any gas governance regulations or rules; or
b: damages in tort other than breach of statutory duty, for breach of contract, or for any other wrong, that arises from any act or omission that is also a breach of those regulations or rules. Section 43Y inserted 18 October 2004 section 5 Gas Amendment Act 2004
43YA: Offence to breach compliance orders
Every industry participant that breaches a requirement or an order made under section 43X(1) SR 2008/253 r 51 Section 43YA inserted 12 January 2022 section 17 Gas (Information Disclosure and Penalties) Amendment Act 2021
43Z: Limit on tort claims against service providers
1: No industry participant may bring an action in tort against a service provider that arises out of, or relates to, any act, matter, or thing done, or required or omitted to be done, by the service provider in its role as service provider, provided that the act or omission is not a fraudulent act or omission by the service provider.
2: Service provider Section 43Z inserted 18 October 2004 section 5 Gas Amendment Act 2004 Appeals Heading inserted 18 October 2004 section 5 Gas Amendment Act 2004
43ZA: Appeals on ground of lack of jurisdiction
An industry participant affected by a decision of the Rulings Panel may appeal that decision to the High Court on the ground of lack of jurisdiction. Section 43ZA inserted 18 October 2004 section 5 Gas Amendment Act 2004
43ZB: Judicial review not precluded
Nothing in this Act limits access to the courts in an action for judicial review. Section 43ZB inserted 18 October 2004 section 5 Gas Amendment Act 2004
43ZC: Appeals on question of law in relation to decisions by industry body, Commission, or Rulings Panel
1: There is a right of appeal to the High Court on a question of law only against a decision of the industry body, the Commission, or the Rulings Panel under any gas governance regulations or rules.
2: The appeal must be made by giving notice of appeal within 20 working days after the date of the decision appealed against or within any further time that the court allows. Section 43ZC inserted 18 October 2004 section 5 Gas Amendment Act 2004
43ZD: Right of appeal against suspension or termination orders
1: An industry participant in respect of which a suspension order or termination order is made may appeal to the High Court against the order.
2: The appeal must be made by giving notice of appeal within 20 working days after the date of the order appealed against or within any further time that the court allows. Section 43ZD inserted 18 October 2004 section 5 Gas Amendment Act 2004
43ZE: Persons entitled to appeal
The industry body, the Commission, and the following industry participants, may exercise a right of appeal under this Part:
a: an industry participant in whose favour or against whom a decision or order of the industry body, the Commission, or the Rulings Panel is made:
b: an industry participant who was a party to a dispute that was determined by the industry body, the Commission, or the Rulings Panel:
c: any industry participant who joined as a party to the investigation of the matter that is subject to the appeal. Section 43ZE inserted 18 October 2004 section 5 Gas Amendment Act 2004
43ZF: Determination of appeals
In its determination of any appeal (other than an appeal to the High Court by way of case stated for the opinion of the court on a question of law only), the High Court may do any 1 or more of the following things:
a: confirm, modify, or reverse the decision or any part of it:
b: exercise any of the powers that could have been exercised by the industry body, the Commission, or the Rulings Panel in relation to the matter to which the appeal relates. 1986 No 5 s 93 Section 43ZF inserted 18 October 2004 section 5 Gas Amendment Act 2004
43ZG: High Court may refer appeals back to industry body, Commission, or Rulings Panel for reconsideration
1: The High Court may, in any case, instead of determining any appeal, direct the industry body, the Commission, or the Rulings Panel to reconsider, either generally or in respect of any specified matters, the whole or any specified part of the matter to which the appeal relates.
2: In giving any direction under this section, the court must—
a: advise the industry body, the Commission, or the Rulings Panel, as the case may be, of its reasons for doing so; and
b: give to the industry body, the Commission, or the Rulings Panel, as the case may be, any directions that it thinks just concerning the reconsideration or otherwise of the whole or any part of the matter that is referred back.
3: In reconsidering the matter, the industry body, the Commission, or the Rulings Panel, as the case may be, must have regard to the court’s reasons for giving the direction, and the court’s directions. 1986 No 5 s 94 Section 43ZG inserted 18 October 2004 section 5 Gas Amendment Act 2004
43ZH: Provisions pending determination of appeal
If an appeal is brought under this Part against any decision of the industry body, the Commission, or the Rulings Panel, the decision to which the appeal relates remains in full force pending the determination of the appeal, unless the High Court orders to the contrary. 1985 No 5 s 95 Section 43ZH inserted 18 October 2004 section 5 Gas Amendment Act 2004
43ZI: High Court may order proceedings be heard in private
1: The High Court may, in its discretion, order that the hearing or any part of the hearing of any proceedings under this Part be held in private.
2: The High Court may make an order prohibiting the publication of any report or description of proceedings or any part of proceedings (whether heard in public or in private), but no order may prohibit the publication of any determination of the court. 1985 No 5 s 96 Section 43ZI inserted 18 October 2004 section 5 Gas Amendment Act 2004
43ZJ: Appeal to Court of Appeal in certain cases
1: Any party to any appeal before the High Court against any decision of the industry body, the Commission, or the Rulings Panel, as the case may be, who is dissatisfied with any decision or order of the High Court may, with the leave of the High Court or of the Court of Appeal, appeal to the Court of Appeal.
2: Section 56
3: In determining whether to grant leave to appeal under this section, the court to which the application for leave is made must have regard to the following matters:
a: whether any question of law or general principle is involved:
b: the importance of the issues to the parties:
c: the amount of money in issue:
d: any other matters that in the particular circumstances the court thinks fit.
4: The court granting leave may, in its discretion, impose any conditions that it thinks fit, whether as to costs or otherwise. 1985 No 5 s 97 Section 43ZJ inserted 18 October 2004 section 5 Gas Amendment Act 2004 Section 43ZJ(2) amended 1 March 2017 section 183(b) Senior Courts Act 2016
2: Co-regulation of gas industry
Subpart 2 inserted 18 October 2004 section 5 Gas Amendment Act 2004
43ZK: Purpose of subpart
The purpose of this subpart is to provide for co-regulation of the gas industry by the Government and an industry body. Section 43ZK inserted 18 October 2004 section 5 Gas Amendment Act 2004 Approval of industry body Heading inserted 18 October 2004 section 5 Gas Amendment Act 2004
43ZL: Approval of industry body
1: The Governor-General may, by Order in Council made on the recommendation of the Minister, approve a body to be an industry body for the purposes of this Part.
2: Before making the recommendation, the Minister must be satisfied that—
a: the industry body is broadly inclusive of industry participants; and
b: the constitution of the industry body requires the board of that body to have a majority of independent members, including an independent chairperson; and
c: the industry body is capable of delivering outcomes that meet the Government’s objectives for the gas industry; and
d: the industry body has objectives, in its constitution, that are consistent with the objectives in section 43ZN
e: the industry body enables, and has provisions in its constitution that enable, all industry participants to become members of the industry body; and
f: the constitution of the industry body requires it to report regularly to the Minister on—
i: the performance and present state of the New Zealand gas industry; and
ii: the industry body’s performance and achievement of its objectives; and
iii: any other matters the industry body thinks fit or the Minister requests in writing.
3: A member of the board is not independent
a: has a material financial interest in an industry participant; or
b: is a director, officer, member, employee, or trustee of an industry participant; or
c: is otherwise directly or indirectly materially interested in an industry participant.
4: The references to industry participants in subsection (2)﻿(a) and (e) do not include service providers appointed under any gas governance regulations.
5: An order 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 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 43ZL inserted 18 October 2004 section 5 Gas Amendment Act 2004 Section 43ZL(5) inserted 28 October 2021 section 3 Secondary Legislation Act 2021
43ZM: Revocation of approval of industry body
1: The Governor-General may, by Order in Council made on the recommendation of the Minister, revoke any approval given under section 43ZL
2: Before making a recommendation for the revocation of the approval of an industry body, the Minister must—
a: consult with the industry body; and
b: be satisfied either that a Commission has been, or is to be, established or that the industry body has ceased to be a body that meets the criteria in section 43ZL
3: An order 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 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 43ZM inserted 18 October 2004 section 5 Gas Amendment Act 2004 Section 43ZM(3) inserted 28 October 2021 section 3 Secondary Legislation Act 2021 Objectives of industry body in relation to recommendations for gas governance regulations Heading inserted 18 October 2004 section 5 Gas Amendment Act 2004
43ZN: Objectives of industry body in recommending regulations for wholesale market, processing facilities, transmission, and distribution of gas
The objectives of the industry body, in recommending gas governance regulations under section 43F
a: the principal objective is to ensure that gas is delivered to existing and new customers in a safe, efficient, and reliable manner; and
b: the other objectives are—
i: the facilitation and promotion of the ongoing supply of gas to meet New Zealand’s energy needs, by providing access to essential infrastructure and competitive market arrangements:
ii: barriers to competition in the gas industry are minimised:
iii: incentives for investment in gas processing facilities, transmission, and distribution are maintained or enhanced:
iv: delivered gas costs and prices are subject to sustained downward pressure:
v: risks relating to security of supply, including transport arrangements, are properly and efficiently managed by all parties:
vi: consistency with the Government’s gas safety regime is maintained. Section 43ZN inserted 18 October 2004 section 5 Gas Amendment Act 2004 GPS objectives and outcomes Heading inserted 18 October 2004 section 5 Gas Amendment Act 2004
43ZO: Setting of GPS objectives and outcomes
1: The Minister may set objectives and outcomes that the Government wants the industry body to pursue in relation to the governance of the gas industry, and against which the industry body must report.
2: The Minister must set those objectives and outcomes by—
a: giving the industry body a statement of government policy containing those objectives and outcomes; or
b: giving the industry body an amendment to, or replacement of, that statement.
3: The Minister must publish in the Gazette
4: The industry body must have regard to those objectives and outcomes when making recommendations for gas governance regulations under this Part. Section 43ZO inserted 18 October 2004 section 5 Gas Amendment Act 2004
43ZP: What Minister can do with industry body recommendations about wholesale market, processing facilities, transmission,
distribution of gas, security of supply, and disclosure
1: The Minister must decide, within 90 days of receiving a recommendation from the industry body in relation to gas governance regulations under section 43F
2: Subsection (1) does not apply to regulations made under section 43F(2)﻿(c)
3: The Minister must publish a notice in the Gazette Section 43ZP inserted 18 October 2004 section 5 Gas Amendment Act 2004 Section 43ZP heading amended 13 July 2021 section 18 Gas (Information Disclosure and Penalties) Amendment Act 2021 Industry body statement of intent Heading inserted 18 October 2004 section 5 Gas Amendment Act 2004 Heading amended 12 December 2012 section 10 Gas Amendment Act 2012
43ZQ: Industry body
statement of intent
1: At or before the start of each financial year, the industry body must prepare a statement of intent
2: The statement of intent
a: key background information about the industry body and its operating environment:
b: the nature and scope of the industry body’s intended operations:
c: the specific impacts, outcomes, or objectives that the industry body seeks to achieve or contribute to and how those objectives might relate to any outcomes or objectives referred to in this subpart or in any GPS objectives and outcomes:
d: how the industry body intends to conduct its operations to achieve those impacts, outcomes, or objectives:
e: the main financial and non-financial measures and standards by which the future performance of the industry body may be judged:
f: the matters on which the industry body will consult or notify the Minister before making a decision, the matters on which it will report to the Minister, and the frequency of reporting:
g: other matters the industry body is required to include in the industry body statement of intent
h: any other matters that are reasonably necessary to achieve an understanding of the industry body’s intentions and direction.
3: The statement of intent section 43ZR
4: The statement of intent Section 43ZQ inserted 18 October 2004 section 5 Gas Amendment Act 2004 Section 43ZQ heading amended 12 December 2012 section 11(1) Gas Amendment Act 2012 Section 43ZQ(1) amended 12 December 2012 section 11(2) Gas Amendment Act 2012 Section 43ZQ(2) amended 12 December 2012 section 11(3) Gas Amendment Act 2012 Section 43ZQ(2)﻿(g) amended 12 December 2012 section 11(2) Gas Amendment Act 2012 Section 43ZQ(3) amended 12 December 2012 section 11(3) Gas Amendment Act 2012 Section 43ZQ(4) amended 12 December 2012 section 11(3) Gas Amendment Act 2012
43ZR: Extra information required in
statement of intent The industry body’s statement of intent
a: forecast financial statements for the industry body that have been prepared in accordance with generally accepted accounting practice (within the meaning of section 8
b: other measures and standards necessary to judge the industry body’s performance at the end of the financial year; and
c: a statement of all significant assumptions underlying the forecast financial statements; and
d: any additional information and explanations needed to fairly reflect the forecast financial operations and financial position of the industry body. Section 43ZR inserted 18 October 2004 section 5 Gas Amendment Act 2004 Section 43ZR heading amended 12 December 2012 section 12(1) Gas Amendment Act 2012 Section 43ZR amended 12 December 2012 section 12(2) Gas Amendment Act 2012 Section 43ZR(a) replaced 1 April 2014 section 126 Financial Reporting (Amendments to Other Enactments) Act 2013
43ZS: Application and term of statement of intent
An industry body statement of intent is in force—
a: from the later of—
i: the date on which the final statement of intent is provided to the Minister; or
ii: the first day of the period to which the statement of intent states that it relates; and
b: until a new statement of intent is in force in relation to the industry body (despite the end of any financial year to which the statement of intent relates); and
c: with any amendments that are made as described in section 43ZU Section 43ZS replaced 12 December 2012 section 13 Gas Amendment Act 2012
43ZT: Process for providing
statement of intent
1: The industry body must provide a statement of intent
2: The process that must be followed in providing a statement of intent
a: the industry body must provide a draft statement of intent
b: the Minister must provide to the industry body any comments that he or she may have on the draft no later than 30 days before the start of the financial year; and
c: the industry body must consider the comments (if any) on the draft and provide the final statement of intent Section 43ZT inserted 18 October 2004 section 5 Gas Amendment Act 2004 Section 43ZT heading amended 12 December 2012 section 14(1) Gas Amendment Act 2012 Section 43ZT(1) amended 12 December 2012 section 14(2) Gas Amendment Act 2012 Section 43ZT(2) amended 12 December 2012 section 14(2) Gas Amendment Act 2012 Section 43ZT(2)﻿(a) amended 12 December 2012 section 14(2) Gas Amendment Act 2012 Section 43ZT(2)﻿(c) amended 12 December 2012 section 14(2) Gas Amendment Act 2012
43ZU: Amendments by industry body
1: The industry body may amend its statement of intent
2: The industry body must amend its statement of intent
a: the information contained in it is false or misleading in a material particular; or
b: the intentions and undertakings in it are significantly altered or affected by—
i: any change in the law; or
ii: any other change in the industry body’s operating environment.
3: The industry body must make the amendment required under subsection (2) as soon as practicable after the industry body becomes aware of the facts that give rise to the obligation to amend under that subsection.
4: The industry body must amend its statement of intent
a: the industry body must provide a draft amendment to the Minister; and
b: the Minister must provide to the industry body any comments that he or she may have no later than 30 days after receiving the draft; and
c: the industry body must consider the comments (if any) and must provide a final amendment to the Minister as soon as practicable; and
d: the final amendment to the statement of intent Section 43ZU inserted 18 October 2004 section 5 Gas Amendment Act 2004 Section 43ZU(1) amended 12 December 2012 section 15 Gas Amendment Act 2012 Section 43ZU(2) amended 12 December 2012 section 15 Gas Amendment Act 2012 Section 43ZU(4) amended 12 December 2012 section 15 Gas Amendment Act 2012 Section 43ZU(4)﻿(d) amended 12 December 2012 section 15 Gas Amendment Act 2012
43ZV: Statement of intent The industry body must publicise a final statement of intent statement of intent Section 43ZV inserted 18 October 2004 section 5 Gas Amendment Act 2004 Section 43ZV heading amended 12 December 2012 section 16(1) Gas Amendment Act 2012 Section 43ZV amended 12 December 2012 section 16(2) Gas Amendment Act 2012 Industry body annual report Heading inserted 18 October 2004 section 5 Gas Amendment Act 2004
43ZW: Annual report
1: Within 3 months after the end of each financial year, the industry body must deliver to the Minister an annual report of the industry body’s operations and performance for that year, including—
a: information that is necessary to enable an informed assessment to be made of the industry body’s operations and performance under this Part for that year, including an assessment against its statement of intent
b: a report on the exercise of the powers conferred on it by this Part during the year; and
c: audited financial statements for the industry body for that financial year that have been prepared in accordance with generally accepted accounting practice (within the meaning of section 8
d: the report on those financial statements that is signed by an auditor who was appointed or reappointed by the industry body within 12 months before the end of the period to which the statements relate; and
e: a report of the matters required to be included in the annual report of a company by paragraphs (e), (f), and (g) of section 211(1)
i: an accounting period were references to that year; and
ii: the company were references to the industry body; and
iii: a director or former director were references to a member or former member of the board of the industry body; and
f: the disclosures required under section 43ZX
g: any matters that relate to or affect the body’s operations that the body is otherwise required, or has undertaken, or wishes to report on in its annual report.
2: An annual report must be in writing, be dated, and be signed on behalf of the board of the industry body by 2 members of the board of the industry body. Section 43ZW inserted 18 October 2004 section 5 Gas Amendment Act 2004 Section 43ZW(1)﻿(a) amended 12 December 2012 section 17 Gas Amendment Act 2012 Section 43ZW(1)﻿(c) replaced 1 April 2014 section 126 Financial Reporting (Amendments to Other Enactments) Act 2013
43ZX: Disclosure of payments in respect of industry body board members and employees
1: The annual report must include—
a: for each member of the board, the total value of the remuneration (other than compensation or other benefits referred to in paragraph (c)) paid or payable to the member during that financial year; and
b: the number of employees to whom, during the financial year, remuneration (other than compensation or other benefits referred to in paragraph (c)) was paid or pay-able in their capacity as employees, the total value of which is or exceeds $100,000 per annum, and the number of those employees in brackets of $10,000; and
c: the total value of any compensation or other benefits paid or payable to persons who ceased to be members of the board or employees during the financial year in relation to that cessation and the number of persons to whom all or part of that total was paid or payable; and
d: details of any indemnity provided during the financial year to any member of the board or employee; and
e: details of any insurance cover effected by the board during the financial year in respect of the liability or costs of any member of the board or employee.
2: In subsection (1), member employee Section 43ZX inserted 18 October 2004 section 5 Gas Amendment Act 2004
43ZY: Annual report must be presented to House of Representatives
The Minister must present a copy of the industry body’s annual report to the House of Representatives as soon as practicable after receiving it. Section 43ZY inserted 18 October 2004 section 5 Gas Amendment Act 2004 Miscellaneous provisions Heading inserted 18 October 2004 section 5 Gas Amendment Act 2004
43ZZ: Publication of industry body documents
1: The industry body must publicise its annual report from the earlier of—
a: as soon as practicable after it is presented to the House of Representatives; or
b: no later than 10 working days after it is delivered to the Minister.
2: The industry body must publicise its constitution. Section 43ZZ inserted 18 October 2004 section 5 Gas Amendment Act 2004
43ZZA: Auditors
For the purposes of the audit of any financial statements referred to in section 43ZW Companies Act 1993 Section 43ZZA inserted 18 October 2004 section 5 Gas Amendment Act 2004 Levy to fund industry body Heading inserted 18 October 2004 section 5 Gas Amendment Act 2004
43ZZB: Industry body recommendation for levy regulations
1: The industry body may recommend to the Minister that regulations be made under section 43ZZE
2: The recommendation may recommend different levies or levy rates for different classes of industry participants. Section 43ZZB inserted 18 October 2004 section 5 Gas Amendment Act 2004
43ZZC: Costs that may be met from levy
1: Levy regulations under section 43ZZE
a: the costs of making recommendations concerning any gas governance regulations and rules under this Part:
b: the costs of administering, monitoring compliance with, investigating, enforcing, and applying penalties or other remedies for contraventions of, gas governance regulations and rules, to the extent that the industry body is required to do so by those regulations or rules or requested to do so by any government policy statement applicable to the gas industry or the Minister:
c: the costs of establishing, operating, and facilitating the operation of markets for industry participants (including by contracting with other parties, entering into a joint venture or contractual arrangement, or other means):
d: the costs of establishing or implementing 1 or more complaints resolution systems:
e: the costs of providing advice to the Minister on matters concerning the gas industry:
f: the costs of governance of the industry body:
g: the costs of collecting the levy:
h: the costs of the industry body of carrying out any other functions or duties, or exercising any powers, under this Part.
2: The levy may include any costs from the date on which the industry body is approved, even though regulations imposing the levy may be made after that date.
3: The levy may—
a: deduct over-recoveries in respect of a financial year from the levy payable in subsequent financial years; or
b: add under-recoveries in respect of a financial year to the levy payable in subsequent financial years. Section 43ZZC inserted 18 October 2004 section 5 Gas Amendment Act 2004
43ZZD: Minister must accept recommendations if certain conditions met
1: The Minister may accept or reject a recommendation of the industry body to make levy regulations under section 43ZZB
2: However, the Minister must accept that recommendation, and recommend to the Governor-General that levy regulations be made, if he or she is satisfied that—
a: the levy rate or amount is reasonable, having regard to the industry body statement of intent
b: the industry body has consulted with industry participants on the levy rate or amount; and
c: the requirements of sections 43ZZB to 43ZZE Section 43ZZD inserted 18 October 2004 section 5 Gas Amendment Act 2004 Section 43ZZD(2)﻿(a) amended 12 December 2012 section 18 Gas Amendment Act 2012
43ZZE: Levy regulations that may be made
1: The Governor-General may, by Order in Council made on the recommendation of the Minister, make levy regulations that meet the requirements of sections 43ZZB to 43ZZD
2: The levy regulations must prescribe the amount of the levy, or the levy rate according to which the amount of the levy may be calculated.
3: The levy regulations must apply only to the financial year in respect of which the levy regulations are made.
4: The levy regulations may require payment of a levy for a financial year or part financial year, irrespective of the fact that the regulations may be made after that financial year has commenced.
4A: The levy regulations may—
a: require the keeping and supply to the industry body of such information as may be necessary for the purpose of establishing the correct amount of the levy payable; and
b: prescribe the period for which such information must be kept; and
c: prescribe the form and manner in which any of that information is to be supplied to the industry body; and
d: require information supplied to the industry body to be certified, in the prescribed form and manner, by persons belonging to any specified class of persons.
5: Every industry participant (or prescribed class of industry participants) must pay to the industry body the levy that is prescribed.
6: The amount of any unpaid levy is recoverable in any court of competent jurisdiction as a debt due to the industry body.
7: The levy regulations may exempt or provide for exemptions from, or provide for waivers of, the whole or any part of the levy for any case or class of cases.
8: Levy regulations under this section are secondary legislation ( see Part 3
9: If regulations authorise a person to grant exemptions or waivers referred to in subsection (7),—
a: an instrument granting an exemption or a waiver is secondary legislation ( see Part 3
b: the regulations must contain a statement to that effect. 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 (8). Legislation Act 2019 requirements for secondary legislation referred to in subsection (8) 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 (8) 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 43ZZE inserted 18 October 2004 section 5 Gas Amendment Act 2004 Section 43ZZE(4A) inserted 12 December 2012 section 19 Gas Amendment Act 2012 Section 43ZZE(8) inserted 28 October 2021 section 3 Secondary Legislation Act 2021 Section 43ZZE(9) inserted 28 October 2021 regulation 57 Legislation Act (Amendments to Legislation) Regulations 2021
43ZZF: Expiry of subpart
1: This subpart expires on the date on which subpart 3 comes into force.
2: The expiry of this subpart does not affect any gas governance regulations or rules made on the recommendation of the industry body. Section 43ZZF inserted 18 October 2004 section 5 Gas Amendment Act 2004
4: Exemptions from restrictive trade practice provisions of Commerce Act 1986
Subpart 4 inserted 18 October 2004 section 5 Gas Amendment Act 2004
43ZZR: Authorisations for purposes of Commerce Act 1986
The following are specifically authorised for the purpose of section 43
a: any act, matter, or thing done, or omitted to be done, by the industry body or an industry participant in the course of, or for the purpose of,—
i: determining the form of the industry body’s constitution and statement of intent
ii: complying with the constitution of the industry body, including any amendments to that constitution:
iii: recommending any gas governance regulations or rules:
iv: recommending a levy of industry participants in accordance with this Act:
b: anything done, or omitted to be done, by the industry body, the Energy Commission, the Rulings Panel, or an industry participant, that is reasonably necessary to comply with, enforce, or otherwise administer any gas governance regulations or rules:
c: the industry body’s constitution and statement of intent Section 43ZZR inserted 18 October 2004 section 5 Gas Amendment Act 2004 Section 43ZZR(a)﻿(i) amended 12 December 2012 section 20 Gas Amendment Act 2012 Section 43ZZR(c) amended 12 December 2012 section 20 Gas Amendment Act 2012
5: High Court may impose pecuniary penalty on certain consumers for breach of gas industry regulations or rules
Subpart 5 inserted 12 January 2022 section 19 Gas (Information Disclosure and Penalties) Amendment Act 2021
43ZZS: When High Court may order certain consumers to pay pecuniary penalty
1: The High Court may, on the application of the Secretary or the Commission, order a consumer (other than a domestic consumer) to pay to the Crown the pecuniary penalty that the court determines to be appropriate if the court is satisfied that the consumer has breached—
a: a provision of the gas governance regulations that is identified under section 43TA(1)﻿(a)
b: a provision of the rules made under section 43Q section 43TA(1)﻿(a)
2: The maximum amount of a pecuniary penalty for a breach of a provision is the amount prescribed under section 43TA(1)﻿(b)
3: The court may not order an industry participant to pay a pecuniary penalty under subsection (1) ( see instead section 43X Section 43ZZS inserted 12 January 2022 section 19 Gas (Information Disclosure and Penalties) Amendment Act 2021
43ZZT: Considerations for High Court in deciding on amount of pecuniary penalty
1: The High Court must have regard to all relevant matters when deciding on an appropriate pecuniary penalty to impose on a consumer ( A
2: Those matters include—
a: the severity of the breach:
b: the impact of the breach on industry participants and consumers:
c: the extent to which the breach was inadvertent, negligent, deliberate, or otherwise:
d: the circumstances in which the breach occurred:
e: any previous breach of the regulations or rules by A:
f: the length of time the breach remained unresolved:
g: A’s actions on learning of the breach:
h: any benefit that A obtained, or expected to obtain, as a result of the breach. Section 43ZZT inserted 12 January 2022 section 19 Gas (Information Disclosure and Penalties) Amendment Act 2021
43ZZU: Rules of civil procedure and civil standard of proof apply
1: A proceeding under this subpart is a civil proceeding.
2: The usual rules of court and rules of evidence and procedure for civil proceedings apply (including the standard of proof). Section 43ZZU inserted 12 January 2022 section 19 Gas (Information Disclosure and Penalties) Amendment Act 2021
43ZZV: Only 1 pecuniary penalty order may be made for same conduct
1: This section applies if conduct by a consumer ( A section 43TA(1)﻿(a)
2: One or more proceedings under this subpart may be brought against A for the breach of any 1 or more of the provisions.
3: However, A is not liable to more than 1 pecuniary penalty order for the same conduct. Section 43ZZV inserted 12 January 2022 section 19 Gas (Information Disclosure and Penalties) Amendment Act 2021
5: Miscellaneous provisions
General
44: Gas suppliers
1: Every person who is supplying gas or providing line function services at the date of commencement of this section shall advise the Secretary within 1 month of that date of the place at which that person is carrying on business.
2: Every person who intends to commence supplying gas or providing line function services shall notify the Secretary of that person’s intention at least 1 month before the commencement of the supply of gas or the provision of line function services, as the case may be, and state that person’s place of business.
3: Every person who intends to change that person’s place of business in relation to the supply of gas or the provision of line function services shall notify the Secretary of the change at least 1 month before the change is to take place. 1982 No 27 s 59
45: Standards for gas supply
All gas supplied shall be of such quality and pressure as is for the time being prescribed by regulations made under section 54 1982 No 27 s 60
46: Safety requirements for distribution systems, etc
1: All distribution systems, gas installations, fittings, and gas appliances shall be of such quality and standard, and shall be constructed, maintained, and operated in accordance with such safety requirements, as are prescribed by regulations made under section 54
2: Nothing in subsection (1) applies to any distribution system, gas installation, fittings, or gas appliance exempted from the provisions of this section by regulations made under section 54 1982 No 27 s 61
46A: Owners or operators of gas supply systems must have safety management system
1: Every person that owns or operates a gas supply system must implement and maintain, in accordance with regulations made under section 54 that prevents, so far as is reasonably practicable,
a: serious harm to any member of the public; or
b: significant damage to property owned by a person other than the person that owns or operates the gas supply system.
2: For the purposes of this section and sections 46B 54A gas supply system section 54 Section 46A inserted 4 May 2010 section 11 Gas Amendment Act 2006 Section 46A(1) amended 4 April 2016 section 232 Health and Safety at Work Act 2015
46B: Offence to breach requirement to have safety management system
Every person who, being a person that owns or operates a gas supply system, breaches section 46A Section 46B inserted 4 May 2010 section 11 Gas Amendment Act 2006 Section 46B amended 1 July 2013 section 413 Criminal Procedure Act 2011
47: Testing and inspection of gasfitting work
1: Where any gasfitting is carried out, that work or, as the case may require, the gas installation or gas appliance in respect of which that work is carried out shall not be connected to a gas supply unless such testing, certification, and inspection as is required in respect of that work by regulations made under section 54
2: No person shall sell, or offer for sale, any gas appliance or fittings that have not been tested and certified in accordance with regulations made under section 54
3: No person (being a gas wholesaler or gas retailer) shall supply gas for passage through any gas installation unless that person is satisfied that such inspection and certification as is required in respect of that gas installation by regulations made under section 54
4: Nothing in this section prevents the connection of a gas installation or a gas appliance to a gas supply or a gas supply system, or the supply of gas to a gas installation, where that connection or supply is solely for the purposes of carrying out any testing, inspection, or certification required by any regulations made under section 54 1979 No 139 ss 37, 38
48: Power of entry
1: For the purpose of ensuring that the requirements of section 47
a: inspect and test any gas installation or gas appliance on those premises that is, or is intended to be, connected to a gas supply:
b: make such inquiries as are necessary to determine whether or not any gasfitting on those premises has been properly certified.
2: The power of entry conferred by subsection (1) may be exercised whether or not there are any grounds to believe that any gasfitting has not been properly carried out.
3: Every person shall give reasonable notice of that person’s intention to enter any premises pursuant to subsection (1) to both the owner and the occupier of the premises.
4: Every person shall, on entering any premises pursuant to 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. 1979 No 139 s 39
49: Power to require information
Section 49 repealed 4 May 2010 section 12 Gas Amendment Act 2006
50: Conditions relating to power to enter land or premises
1: Subject to subsections (2) and (3) and to sections 32 48 section 54
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
1A: Subparts 1 3 7 9 10
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 gas.
3: Nothing in this section shall restrict rights of access in order to obtain consent to enter the land or premises for the authorised purpose in respect of which entry is required.
4: Notwithstanding any other provision of this Act, no provision in this Act or in any regulations made under section 54 Defence Act 1990 1968 No 125 s 15A 1983 No 123 s 4 1987 No 111 s 5 Section 50(1)﻿(e) replaced 1 October 2012 section 318(5) Search and Surveillance Act 2012 Section 50(1A) inserted 1 October 2012 section 318(6) Search and Surveillance Act 2012
51: Compensation for damage
1: Every person having any right, title, estate, or interest in any land or property injuriously affected by the exercise from time to time of any powers conferred by this Act on 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 51(1) amended 16 December 2013 section 22 WorkSafe New Zealand Act 2013 Section 51(3) amended 16 December 2013 section 22 WorkSafe New Zealand Act 2013
52: Penalty for obstructing officers
Every person commits an offence and is liable on 1982 No 27 s 63 Section 52 amended 1 July 2013 section 413 Criminal Procedure Act 2011
53: Notices in relation to Maori land
1: Where a notice or other document is to be given to the owner of land for the purposes of this Act, then, in the case of Maori land, the notice or other document may be served on the Registrar of the Maori Land Court in accordance with Part 10
2: In this section, the term Maori land section 4 Section 53(1) amended 1 July 1993 section 362(2) Te Ture Whenua Maori Act 1993 Section 53(2) amended 1 July 1993 section 362(2) Te Ture Whenua Maori Act 1993 Regulations—General
54: Regulations
1: The Governor-General may from time to time, by Order in Council, make regulations for all or any of the following purposes:
a: providing for the removal of any fittings or gas appliance erected or used contrary to the provisions of this Act or any regulations made under this section, and for the removal or alteration of any dangerous fittings or dangerous gas appliance, at the expense in all cases of the owner of the fittings or gas appliance:
b: securing the protection of persons and property from injury or damage caused through gas, either directly or indirectly, by—
i: authorising, controlling, and prescribing conditions in respect of, the design, construction, installation, maintenance, use, management, inspection, and testing of distribution systems or gas installations:
ii: authorising, controlling, and prescribing conditions in respect of, the design, installation, manufacture, maintenance, use, inspection, importation, sale, and testing of gas appliances or fittings used or intended to be used in the application of gas:
iii: prohibiting the manufacture, importation, sale, and use of such gas appliances and fittings as do not satisfy any prescribed tests, standards, or safety criteria:
iv: requiring such types or categories of gas appliances and fittings as are—
A: specified in the regulations; or
B: 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; 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 gas appliances or fittings are deemed to be approved by WorkSafe for the purposes of the regulations:
v: authorising, controlling, restricting, prescribing conditions in respect of, and, where necessary, prohibiting, the construction, installation, use, management, operation, maintenance, transportation, and movement of any structure, device, thing, or substance, whether fixed or movable and whether permanent or temporary, in the vicinity of any fittings or where any fittings may affect or be affected by the structure, device, thing, or substance:
vi: controlling the existence and location of the whole or any part of any tree or vegetation that is in the vicinity of, or may affect, any fittings:
bb: prescribing requirements for safety management systems:
bc: prescribing, for the purposes of sections 46A 46B 54A
c: prescribing standards in respect of fittings, gas appliances, gas installations, meters, and gas that are or is to be supplied to or used by gas retailers and consumers:
d: providing for the periodic examination of fittings and gas appliances installed in relocatable buildings or pleasure vessels, or both, and the issue of warrants of fitness by such persons or class or classes of persons as are prescribed or as are authorised by WorkSafe
e: prescribing, in relation to workers,—
i: the training required for any specified class or classes of workers for the purposes of establishing and maintaining safety standards in relation to the manufacture, extraction, storage, processing, treatment, distribution, supply, and application of gas:
ii: the levels of technical or other qualifications necessary for the carrying out of any specified class or classes of gas work:
f: regulating and controlling—
i: the distribution and supply of gas:
ii: the installation, use, and maintenance of gas measurement systems used for or in connection with the supply or use of gas:
g: providing for the protection of fittings:
h: requiring the keeping and retention of such records as are necessary for the purposes of establishing and maintaining safety standards in relation to the production, transmission, distribution, and application of gas, and prescribing the particulars that shall be included in such records:
i: requiring gas wholesalers to supply to gas retailers and consumers such information on changes in gas composition or variations in gas supplied as is prescribed:
j: providing for the testing, inspection, and certification of gasfitting:
k: prescribing standards in respect of the quality, composition, physical properties, dew point, calorific value, purity, odorisation, and odour of gas supplied:
l: prescribing permissible pressure ranges in respect of the supply of gas:
m: providing for the testing and sealing of gas measurement systems and calibration equipment; prescribing the manner in which and the means by which such testing and sealing shall be done; and regulating the manner in which and the means by which gas measurement systems and calibration equipment are reassembled in connection with such testing:
n: authorising WorkSafe
i: in cases of urgency, to issue, in such manner as may be prescribed, instructions, orders, or requirements for securing the protection of persons from injuries caused, directly or indirectly, by gas: provided that any such instruction, order, or requirement shall remain in force for such period, not exceeding 6 months, as may be determined by WorkSafe WorkSafe
ii: to obtain such information concerning the production, transmission, distribution, sale, consumption, application, and supply of gas as may be required for statistical purposes:
iii: to carry out tests on distribution systems, gas installations, fittings, and gas appliances:
o: authorising WorkSafe Building Act 2004 WorkSafe
p: exempting or providing for the exemption of distribution systems, gas installations, fittings, and gas appliances from the provisions of section 46
q: prescribing the matters in respect of which fees are payable under this Act; prescribing the amount of the fees or the method by which they are to be assessed; and providing for the remission or refund of any such fees:
r: prescribing the forms of documents required under this Act, or authorising WorkSafe or
s: prescribing offences in respect of the contravention of or non-compliance with any regulations made under this section, and the amount of the fine that may be imposed in respect of any such offence, which fine shall be an amount not exceeding $50,000
sb: prescribing infringement offences:
sc: setting the infringement fee for each infringement offence, which,—
i: in the case of an individual, must not exceed $1,000; or
ii: in the case of a body corporate, must not exceed $3,000:
sd: prescribing information to be included in infringement notices and reminder notices:
se: prescribing, for the purposes of this Act, where the point of supply is deemed to be or not to be in relation to any place and the circumstances and conditions in which any point is deemed to be or not to be a point of supply:
t: providing for such matters as are contemplated by or necessary for giving full effect to the provisions of this Act and for its due administration.
2: Any regulations made under any of paragraphs (b) to (m) of subsection (1) may—
a: require compliance with the whole or any part of any gas code of practice or any official standard
b: provide that proof of compliance with—
i: any gas code of practice, or any part of such a code; or
ia: any official standard, or any part of an official standard; or
ii: any approved code of practice for the time being in force pursuant to section 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.
3: Without limiting paragraph (b) of subsection (1), regulations made under subparagraph (iv) of that paragraph may require types or categories of gas measurement systems to be approved by WorkSafe
4: No regulation made under this section is WorkSafe, the Secretary, WorkSafe, the Secretary,
a: to give any consent or approval on or subject to conditions to be imposed or approved by the Secretary or any other person; or
b: to set any standard.
5: Notwithstanding section 1(3) sections 43 44
6: The Minister, before recommending the making of any regulations under this section, must consult the Environmental Protection Authority established by section 7
7: Regulations under this section are secondary legislation ( see Part 3
8: Subpart 1 of Part 3 section 114
9: Subsection (10) applies if regulations made under this section authorise any of the following:
a: WorkSafe to make a declaration referred to in subsection (1)﻿(b)﻿(iv)﻿(B):
b: WorkSafe to issue instructions, orders, or requirements referred to in subsection (1)﻿(n)﻿(i):
c: WorkSafe or the chief executive to grant exemptions referred to in subsection (1)﻿(o):
d: a person to grant exemptions referred to in subsection (1)﻿(p).
10: 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 1982 No 27 s 67 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 (7). Legislation Act 2019 requirements for secondary legislation referred to in subsection (7) 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 (10)﻿(a). Legislation Act 2019 requirements for secondary legislation referred to in subsection (10)﻿(a) Publication See the relevant publication, presentation, and disallowance table in the secondary legislation referred to in subsection (7) 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 54(1)﻿(b)﻿(iv) replaced 28 October 2021 section 3 Secondary Legislation Act 2021 Section 54(1)﻿(bb) inserted 5 December 2006 section 13(1) Gas Amendment Act 2006 Section 54(1)﻿(bc) inserted 5 December 2006 section 13(1) Gas Amendment Act 2006 Section 54(1)﻿(d) amended 16 December 2013 section 22 WorkSafe New Zealand Act 2013 Section 54(1)﻿(e) proviso repealed 1 April 2010 section 185 Plumbers, Gasfitters, and Drainlayers Act 2006 Section 54(1)﻿(n) amended 16 December 2013 section 22 WorkSafe New Zealand Act 2013 Section 54(1)﻿(n)﻿(i) proviso amended 16 December 2013 section 22 WorkSafe New Zealand Act 2013 Section 54(1)﻿(o) substituted 31 March 2005 section 414 Building Act 2004 Section 54(1)﻿(o) amended 16 December 2013 section 22 WorkSafe New Zealand Act 2013 Section 54(1)﻿(r) amended 16 December 2013 section 22 WorkSafe New Zealand Act 2013 Section 54(1)﻿(s) amended 5 December 2006 section 13(2) Gas Amendment Act 2006 Section 54(1)﻿(sb) inserted 5 December 2006 section 13(3) Gas Amendment Act 2006 Section 54(1)﻿(sc) inserted 5 December 2006 section 13(3) Gas Amendment Act 2006 Section 54(1)﻿(sd) inserted 5 December 2006 section 13(3) Gas Amendment Act 2006 Section 54(1)﻿(se) inserted 5 December 2006 section 13(3) Gas Amendment Act 2006 Section 54(2)﻿(a) amended 27 September 2001 section 4(1) Gas Amendment Act 2001 Section 54(2)﻿(b)﻿(ia) inserted 27 September 2001 section 4(2) Gas Amendment Act 2001 Section 54(2)﻿(b)﻿(ii) amended 4 April 2016 section 232 Health and Safety at Work Act 2015 Section 54(2A) inserted 27 September 2001 section 4(3) Gas Amendment Act 2001 Section 54(2B) inserted 27 September 2001 section 4(3) Gas Amendment Act 2001 Section 54(3) amended 16 December 2013 section 22 WorkSafe New Zealand Act 2013 Section 54(4) amended 28 October 2021 section 3 Secondary Legislation Act 2021 Section 54(4) amended 16 December 2013 section 22 WorkSafe New Zealand Act 2013 Section 54(5) amended 28 October 2021 section 3 Secondary Legislation Act 2021 Section 54(6) added 2 July 2001 section 149 Hazardous Substances and New Organisms Act 1996 Section 54(6) amended 1 July 2011 section 53(1) Environmental Protection Authority Act 2011 Section 54(7) inserted 28 October 2021 section 3 Secondary Legislation Act 2021 Section 54(8) inserted 28 October 2021 section 3 Secondary Legislation Act 2021 Section 54(9) replaced 28 October 2021 regulation 58 Legislation Act (Amendments to Legislation) Regulations 2021 Section 54(9) inserted 28 October 2021 section 3 Secondary Legislation Act 2021 Section 54(10) inserted 28 October 2021 regulation 58 Legislation Act (Amendments to Legislation) Regulations 2021
54A: Regulations that prescribe requirements for safety management systems
1: Regulations made under section 54(1)﻿(bb)
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 54(1)﻿(bb)
a: the design, construction, operation, maintenance, and inspection of the gas supply system; and
b: security and the control of access to the gas supply system; and
c: the skills, knowledge, and experience of persons who do, or assist in doing, work on or in connection with the gas supply system; and
d: the implementation and management of contingency plans for emergency situations that may affect, or be affected by, the gas supply system; and
e: processes for the ongoing improvement of safety in connection with the gas supply system; and
f: the investigation of accidents that involve or affect the gas supply system.
3: Regulations made under section 54(1)﻿(bb)
a: who may conduct audits; and
b: how often audits must be conducted; and
c: the outcomes and objectives of audits.
4: Subsections (2) and (3) do not limit subsection (1).
5: In this section, hazard
a: means an activity, arrangement, circumstance, event, occurrence, phenomenon, process, situation, or substance (whether arising or caused within or outside the gas supply system) that presents or may present a significant risk of—
i: serious harm to any member of the public; or
ii: significant damage to property owned by a person other than the person that owns or operates the gas supply system; and
b: includes—
i: a situation where a person’s behaviour may present a significant risk of the matters referred to in paragraph (a)﻿(i) or (ii); and
ii: without limitation, a situation described in subparagraph (i) resulting from physical or mental fatigue, drugs, alcohol, traumatic shock, or another temporary condition that affects a person’s behaviour. Section 54A inserted 5 December 2006 section 14 Gas Amendment Act 2006 Section 54A(1)﻿(b) replaced 4 April 2016 section 232 Health and Safety at Work Act 2015
54B: 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 54(1)﻿(bb) Section 54B inserted 5 December 2006 section 14 Gas Amendment Act 2006 Section 54B(1) replaced 4 April 2016 section 232 Health and Safety at Work Act 2015 Regulations—Information disclosure
55: Regulations relating to information disclosure
1: The Governor-General may from time to time, by Order in Council, make regulations for all or any of the following purposes:
a: requiring every gas wholesaler to publish in the prescribed manner information in relation to the supply of gas by that gas wholesaler (including gas supplied direct to a consumer); and prescribing the information, including (without limitation) prices, terms, and conditions, that the gas wholesaler shall make available:
b: requiring gas wholesalers, pipeline owners, and gas retailers to make publicly available prescribed financial statements that follow generally accepted accounting principles, including (without limitation) statements of financial performance statements of financial position
c: requiring every pipeline owner to publish in the prescribed manner information in relation to the conveyance of gas by means of pipelines owned by that pipeline owner; and prescribing the information that the pipeline owner shall make available, which information may include
i: prices, terms, and conditions:
ii: pricing policies and methodologies:
iii: costs:
iv: cost allocation policies and methodologies:
v: performance measures, or information from which performance measures may be derived, or both:
vi: the amount of gas conveyed:
vii: the capacity of the pipeline owner’s pipelines, and the methodology used to measure that capacity:
d: requiring every gas retailer to publish in the prescribed manner information in relation to gas and prescribed
e: prescribing the form and manner in which the financial statements required by regulations made under paragraph (b) shall be made available:
f: prescribing the form of statutory declaration and by whom it shall be made for the purposes of section 56
g: requiring, in respect of statements or information required from pipeline owners,—
i: the adoption, in the preparation or compilation of those statements or that information, of such methodology as is prescribed in the regulations or in any document published by or under the authority of the Secretary and referred to in the regulations:
ii: the disclosure, in the prescribed manner, of the methodology adopted in the preparation or compilation of those statements or that information:
iii: the inclusion of any matters prescribed in any document published by or under the authority of the Secretary and referred to in the regulations:
h: requiring that any statements or information required, by regulations made pursuant to this section, to be made available, or information from which those statements or that information is derived (in whole or in part), be certified, in the prescribed form and manner, by persons belonging to any class of persons specified in that behalf in the regulations:
ha: requiring, in respect of any person that is required to publish information or to make publicly available prescribed financial statements, that that person include with or in that information, or with or in those prescribed financial statements, information or statements in respect of prescribed business relationships involving that person and involving the supply of gas or the provision of prescribed related services ; and, for this purpose, prescribed business relationships involving activities conducted by, or occurring within, 1 person only are included
i: prescribing the time limits within which the information disclosure required by any regulations made pursuant to this subsection shall be made to the public:
j: requiring gas distributors and gas retailers, in charging for the conveyance of gas, or the supply of gas, or both, to disclose, in the prescribed manner, charges, or components of charges, or both:
k: exempting or providing for the exemption of any person or class of persons from all or any of the requirements of any regulations made under this subsection.
2: The regulations may not require the disclosure of the names of the parties to, or the terms and conditions of, contracts made before 1 August 1990 but, if the contract is modified after that date, the regulations may require the disclosure of information as to the modification, the term or condition that has been modified (including its context), and the names (or characteristics) of the parties.
3: Notwithstanding section 1(3) sections 43 44
4: References in this section to pipeline owners, gas wholesalers, gas retailers, and gas distributors include any person that is or was such a person for any part of a financial year.
5: Regulations under this section are secondary legislation ( see Part 3
6: If regulations authorises a person to grant exemptions referred to in subsection (1)﻿(k),—
a: an exemption is secondary legislation ( see Part 3
b: the regulations must contain a statement to that effect. 1987 No 116 s 5C 1990 No 21 s 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 referred to in subsection (4). Legislation Act 2019 requirements for secondary legislation referred to in subsection (4) 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 (5)﻿(a). Legislation Act 2019 requirements for secondary legislation referred to in subsection (5)﻿(a) Publication See the relevant publication, presentation, and disallowance table in the secondary legislation referred to in subsection (4) 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 55(1)﻿(b) substituted 28 September 1993 Gas Amendment Act 1993 Section 55(1)﻿(b) amended 1 October 1997 section 6(1) Financial Reporting Amendment Act 1997 Section 55(1)﻿(b) amended 1 October 1997 section 6(2) Financial Reporting Amendment Act 1997 Section 55(1)﻿(c) amended 27 September 2001 section 5(1) Gas Amendment Act 2001 Section 55(1)﻿(d) amended 28 September 1993 Gas Amendment Act 1993 Section 55(1)﻿(g) substituted 27 September 2001 section 5(2) Gas Amendment Act 2001 Section 55(1)﻿(ha) inserted 28 September 1993 Gas Amendment Act 1993 Section 55(1)﻿(ha) amended 15 November 2000 section 3 Gas Amendment Act 2000 Section 55(2) substituted 27 September 2001 section 5(3) Gas Amendment Act 2001 Section 55(3) amended 28 October 2021 section 3 Secondary Legislation Act 2021 Section 55(4) added 27 September 2001 section 5(4) Gas Amendment Act 2001 Section 55(5) inserted 28 October 2021 section 3 Secondary Legislation Act 2021 Section 55(6) inserted 28 October 2021 regulation 59 Legislation Act (Amendments to Legislation) Regulations 2021
56: Information to be supplied to Secretary
1: Every person who is required by regulations made under section 55
a: a copy of all statements and information, made available to the public pursuant to regulations made under that section , which statements and information must be supplied within 5 working days after the statements and information are first made so available
b: any further statements, reports, agreements, particulars, and other information requested in writing by the Secretary for the purpose of monitoring the person’s compliance with those regulations.
2: Every person to whom a request is made pursuant to subsection (1)﻿(b) shall comply with that request within 30 days after receiving the request or within such further period as the Secretary in any particular case may allow.
3: All statements, reports, agreements, particulars, and information supplied to the Secretary under paragraph (a) or paragraph (b) of subsection (1) shall be verified by statutory declaration in the form and by the persons prescribed by regulations made under section 55(1)﻿(f) 1987 No 116 s 5D 1990 No 21 s 3 Section 56(1)﻿(a) amended 28 July 1997 section 3 Gas Amendment Act 1997
56A: Reasonable charge may be imposed for providing copies of statements
1: Any person who is required by regulations made under section 55
2: Any charge imposed under subsection (1) for copies of statements and information may be no more than is reasonably required to recover the costs of providing those copies. Section 56A inserted 28 July 1997 section 4 Gas Amendment Act 1997 Safe work instruments—Legal effect Heading inserted 4 April 2016 section 232 Health and Safety at Work Act 2015
56AB: 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 56AB inserted 4 April 2016 section 232 Health and Safety at Work Act 2015 Miscellaneous provisions
56B: 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 56B inserted 4 May 2010 section 15 Gas Amendment Act 2006 Section 56B(1)﻿(c) replaced 4 April 2016 section 232 Health and Safety at Work Act 2015 Section 56B(2)﻿(c) replaced 4 April 2016 section 232 Health and Safety at Work Act 2015 Section 56B(3) amended 1 July 2013 section 413 Criminal Procedure Act 2011 Section 56B(5) replaced 4 April 2016 section 232 Health and Safety at Work Act 2015 Section 56B(6) inserted 1 July 2013 section 413 Criminal Procedure Act 2011
57: Other offences
1: Every person commits an offence against this section who—
a: fails, without reasonable excuse, to comply with any information disclosure requirements prescribed in regulations made under section 55
b: fails, without reasonable excuse, to comply with the requirements of section 56(1)﻿(a)
2: Every person commits an offence against this section who makes a false declaration when supplying any statement, report, agreement, particulars, or information pursuant to section 56
3: Every person who commits an offence against subsection (1) is liable on
4: Every person who commits an offence against subsection (2) is liable on 1987 No 116 s 5E 1990 No 21 s 3 Section 57 heading substituted 4 May 2010 section 16 Gas Amendment Act 2006 Section 57(3) amended 1 July 2013 section 413 Criminal Procedure Act 2011 Section 57(4) amended 1 July 2013 section 413 Criminal Procedure Act 2011
57A: Time for filing charging document
Despite anything to the contrary in section 25 section 54 55 Section 57A replaced 1 July 2013 section 413 Criminal Procedure Act 2011
57B: 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 57C
2: Despite section 21 WorkSafe Criminal Procedure Act 2011 Section 57B replaced 1 July 2013 section 413 Criminal Procedure Act 2011 Section 57B(2) amended 16 December 2013 section 22 WorkSafe New Zealand Act 2013
57C: 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 57C inserted 4 May 2010 section 17(1) Gas Amendment Act 2006 Section 57C(1) amended 16 December 2013 section 22 WorkSafe New Zealand Act 2013 Section 57C(1)﻿(a) amended 16 December 2013 section 22 WorkSafe New Zealand Act 2013 Section 57C(1)﻿(b) amended 16 December 2013 section 22 WorkSafe New Zealand Act 2013 Section 57C(2) amended 16 December 2013 section 22 WorkSafe New Zealand Act 2013 Section 57C(4)﻿(a) amended 16 December 2013 section 22 WorkSafe New Zealand Act 2013 Section 57C(4)﻿(a)﻿(i) amended 1 July 2013 section 413 Criminal Procedure Act 2011 Section 57C(4)﻿(b) amended 16 December 2013 section 22 WorkSafe New Zealand Act 2013 Section 57C(4)﻿(b) amended 4 October 2013 regulation 3(1) Criminal Procedure (Consequential Amendments) Regulations 2013
57D: Procedural requirements for infringement notices
1: An infringement notice may not be issued after the close of the 14th day after WorkSafe
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 57D inserted 4 May 2010 section 17(1) Gas Amendment Act 2006 Section 57D(1) amended 16 December 2013 section 22 WorkSafe New Zealand Act 2013 Section 57D(3) amended 1 July 2013 section 413 Criminal Procedure Act 2011
57E: Payment of infringement fee
WorkSafe Section 57E inserted 4 May 2010 section 17(1) Gas Amendment Act 2006 Section 57E amended 16 December 2013 section 22 WorkSafe New Zealand Act 2013
57F: 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 57F inserted 4 May 2010 section 17(1) Gas Amendment Act 2006
58: Repeals, revocations, and consequential amendments
1: The enactments specified in Schedule 1
2: The enactments specified in Schedule 2
3: The regulations specified in Schedule 3
4: The Gas Meter Testing Fees Determination 1982 (SR 1982/130)
59: Savings
The repeal, by section 58(1) Gas Act 1982
a: the validity of anything validated by section 69 of that Act
b: the amendments made by section 71 of that Act Amendment to Gas Act 1982
60: Power to execute works on private land
Amendment(s) incorporated in the Act(s)