Infrastructure (Amendments Relating to Utilities Access) Act 2010

1: Title
This Act is the Infrastructure (Amendments Relating to Utilities Access) Act 2010.
2: Commencement
This Act comes into force on the day after the date on which it receives the Royal assent.
3: Purpose of Act
1: The purpose of this Act is to amend a variety of Acts relating to utility operators' access to transport corridors in order to achieve greater certainty and consistency in the rights and obligations of utility operators and corridor managers.
2: In this section, corridor manager transport corridor utility operator section 4 Amendments to Telecommunications Act 2001
4: Amendments to Telecommunications Act 2001
Sections 5 to 12 2010-08-06 Telecommunications Act 2001
5: Criteria for setting reasonable conditions
Section 119
3: However, a condition requiring a network operator to increase amenity values (rather than to merely maintain them) must not be imposed unless the work to be done is in an area identified in a district plan as an area in relation to which, under the district plan, there are particular considerations, or rules or requirements, relating to amenity values.
4: If the cost to the network operator of complying with a condition referred to in subsection (3)
6: Notice requirement
Section 136
1: Except as provided in section 139, before a network operator proceeds to open or break up any road, the network operator must give notice of the intention to carry out the work to—
a: the local authority or other person who has jurisdiction over the road; and
b: any utility operator (as defined in section 4 Utilities Access Act 2010
7: Network operator to be notified of conditions
Section 137 20 15
8: Failure to notify conditions
Section 138 20-working day 15-working day
9: Construction, etc, of telephone cabinets or other similar appliances
Section 142(2)
a: give notice of its intention to place a cabinet or other appliance on the road to—
i: the local authority or other person who has jurisdiction over the road; and
ii: any utility operator (as defined in section 4 Utilities Access Act 2010 .
10: Network operator to be notified of conditions
Section 143 20 15
11: Failure to notify conditions
Section 144 20-working day 15-working day
12: New heading and sections 147A to 147C inserted
The following heading and sections are inserted after section 147 Local authority, etc, requiring work to be done
147A: Local authority, etc, may require lines, etc, to be moved
1: Where a network operator owns lines, cabinets, or other similar appliances that are on a road, the local authority or other person having jurisdiction over the road may, by notice in writing, require the network operator to raise, lower, or otherwise alter the position of the lines, cabinets, or other similar appliances.
2: If the network operator refuses or fails, within a reasonable period, to do the work required, the person requiring the work may do the work or have it done by some other person.
3: Before doing work as permitted by subsection (2) 1992 No 122 s 32; 1992 No 124 s 33
147B: Cost of work required under section 147A
1: The reasonable cost of all work required to be done under section 147A
2: However, the cost of the work must be paid by the network operator if the reason that the work is required is that the lines, cabinets, or other appliances—
a: were constructed contrary to any of the following:
i: this Act or any regulations made under section 157:
ii: the Telecommunications (Residual Provisions) Act 1987:
iii: the Local Government Act 1974 or the Local Government Act 2002, and any predecessor of those Acts:
iv: the Public Works Act 1981:
v: any local or private Act:
vi: any regulations made under any of the enactments referred to in subparagraphs (ii) to (v)
b: are in a dangerous or unsafe condition.
3: A person that requires work to be done under section 147A
4: The following provisions apply if the person requiring the work is the New Zealand Transport Agency or the agent of the Minister of Transport:
a: the cost of all lines, cabinets, other appliances, and associated equipment that are used in carrying out the required work (other than things used only during the course of construction) must be paid by the network operator:
b: if, as a consequence of the requirement, the network operator elects to fix or install any lines, cabinets, or other appliances over, under, or through any roading structure (being a bridge, underpass, overpass, culvert, or tunnel) that is being, or is to be, constructed or altered, and if the cost of constructing or altering the roading structure is thereby increased, then the network operator must pay the increase in cost:
c: if, as a consequence of the requirement, the network operator relocates the lines, cabinets, or other similar appliances and reconstructs them to specifications different from those of the original lines, cabinets, or other appliances, then, if the costs described in paragraph (d)(i) paragraph (d)(ii)
d: the costs referred to in paragraph (c)
i: what it would have cost to relocate and reconstruct the lines, cabinets, or other similar appliances as near as reasonably practicable to their original specifications (excluding any costs to which paragraph (a)
A: any restrictions or conditions imposed by or under any enactment in relation to the relocation and reconstruction; and
B: the location of the original works and the alternatives reasonably available to the network operator:
ii: the actual cost of the relocation and reconstruction (excluding any costs to which paragraph (a)
5: Subsections (1) to (4)
6: The amount of payment required under this section must be determined—
a: by agreement between the person liable for the payment and the person to whom it is payable; or
b: failing such agreement, by arbitration under the Arbitration Act 1996, with 1 arbitrator to be appointed by each party and an umpire to be appointed by those arbitrators before entering upon their reference. 1992 No 122 s 33; 1992 No 124 s 34
147C: Relationship with section 54 of Government Roading Powers Act 1989
Sections 147A and 147B 1992 No 122 s 34; 1992 No 124 s 35 . Amendments to Electricity Act 1992
13: Amendments to Electricity Act 1992
Sections 14 to 16 2010-08-06 Electricity Act 1992
14: Construction or maintenance of works on roads
Section 24
2: No electricity operator may exercise the powers contained in subsection (1) otherwise than in accordance with such reasonable conditions as may be prescribed by the local authority or other body or person having jurisdiction over the road.
15: New section 24A inserted
The following section is inserted after section 24
24A: Criteria for setting reasonable conditions
1: In setting, varying, or revoking reasonable conditions under section 24(2)
a: the safe and efficient flow of traffic (whether pedestrian or vehicular):
b: the health and safety of any person who is, or class of persons who are, likely to be directly affected by the work on the road:
c: the need to lessen the damage that is likely to be caused to property (including structural integrity of the roads) as a result of work on the road:
d: the compensation that may be payable under section 57 for property that is likely to be damaged as a result of work on the road:
e: the need to lessen disruption to the local community (including businesses):
f: the co-ordination of installation of other networks:
g: the co-ordination with road construction work by the local authority or other body or person who has jurisdiction over that road:
h: the need of the electricity operator to establish an electricity network in a timely manner.
2: Nothing in subsection (1) section 24(2)
3: However, a condition requiring a network operator to increase amenity values (rather than to merely maintain them) must not be imposed unless the work to be done is in an area identified in a district plan as an area in relation to which, under the district plan, there are particular considerations, or rules or requirements, relating to amenity values.
4: If the cost to the network operator of complying with a condition referred to in subsection (3) 2001 No 103 s 119 .
16: Cost of work required under section 32
Section 33(4) within the meaning of section 54(1) of the Government Roading Powers Act 1989 (being the New Zealand Transport Agency or the agent of the Minister of Transport) Amendments to Gas Act 1992
17: Amendments to Gas Act 1992
Sections 18 to 20 2010-08-06 Gas Act 1992
18: Construction or maintenance of fittings on roads
Section 25
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.
19: New section 25A inserted
The following section is inserted after section 25
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 for property that is likely to be damaged as a result of work on the road:
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) 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) 2001 No 103 s 119 .
20: Cost of work required under section 33
Section 34(4) within the meaning of section 54(1) of the Government Roading Powers Act 1989 (being the New Zealand Transport Agency or the agent of the Minister of Transport) Amendments to Government Roading Powers Act 1989
21: Amendments to Government Roading Powers Act 1989
Sections 22 to 25 2010-08-06 Government Roading Powers Act 1989
22: Powers of Minister over roads under Minister's control
Section 48
3A: Before exercising any power under subsection (3) that will or is likely to interfere with any pipe, line, or other work associated with wastewater or the supply of water, electricity, gas, or telecommunications, the Minister (or an officer of the Agency acting on the Minister's behalf) must give not less than 10 working days' notice in writing of the proposed interference to the owner of the pipe, line, or other work, except in the case of any emergency or danger.
23: Notice to be given of local authority works
1: Section 52
2A: The Agency and the Minister must each publish, on a publicly available Internet site, the criteria that the Agency and the Minister respectively will apply when considering whether to give consent under this section, and must apply those criteria when considering whether to give consent.
2: Section 52
4: This section does not prevail over any provision in the Electricity Act 1992, the Gas Act 1992, or the Telecommunications Act 2001 that relates to works or maintenance on, under, or over a road.
24: Powers and duties of Agency in relation to State highways
Section 61
5A: Before exercising any power under subsection (4) that will or is likely to interfere with any pipe, line, or other work associated with wastewater or the supply of water, electricity, gas, or telecommunications, the Agency (or an officer of the Agency acting on the Agency's behalf) must give not less than 10 working days' notice in writing of the proposed interference to the owner of the pipe, line, or other work, except in the case of any emergency or danger.
25: New section 78A inserted
The following section is inserted after section 78
78A: Response to requests for access to motorway
1: If the Agency receives a request in accordance with subsection (2)
2: The requests to which subsection (1) Amendment to Railways Act 2005
26: Amendment to Railways Act 2005
1: This section amends the Railways Act 2005
2: Section 75
1A: The New Zealand Railways Corporation, and any other licensed access provider that the Minister, by notice in the Gazette
1B: If a local authority or owner of any pipe, line, or other work associated with wastewater or the supply of water, electricity, gas, or telecommunications requests, in writing, permission for access to any railway infrastructure or railway premises for the purpose of carrying out work on any such pipe, line, or other works, the licensed access provider or railway premises owner must respond to the request, in writing, within 30 working days of receiving the request. 2010-08-06 Railways Act 2005 Amendment to Local Government Act 1974
27: Amendment to Local Government Act 1974
1: This section amends the Local Government Act 1974
2: Section 319
2: Before exercising a power under this section to do anything that will or is likely to interfere with any pipe, line, or other work associated with wastewater or the supply of water, electricity, gas, or telecommunications, the council must give not less than 10 working days' notice in writing of the proposed interference to the owner of the pipe, line, or other work, except in the case of any emergency or danger. 2010-08-06 Local Government Act 1974 Transitional provision
28: Transitional provision
To avoid doubt, the amendments made by this Act are intended to apply prospectively only and do not apply to or affect any notice given, request made, condition proposed or agreed to, or any other thing done before this Act comes into force.