Gas Amendment Act 2006

1: Title
This Act is
the Gas Amendment Act 2006.
2: Commencement
1: Section 1 sections 3 6(1) 8 9 13 14
2: The rest of
this Act comes into force on a date to be appointed by the Governor-General
by Order in Council; and 1 or more Orders in Council may be made appointing
different dates for different provisions. Section 2(2) brought into force 4 May 2010 Gas Amendment Act 2006 Commencement Order 2010
3: Principal Act amended
This Act amends
the Gas Act 1992 OIC SR 2010/75 2010-05-04 Gas Act 1992 sections 4, 5, 6(2)-(5), 7, 10–12, 15–17
4: Title repealed
The Title is
repealed.
5: New section 1A inserted
The following
section is inserted after section 1
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.
6: Interpretation
1: Section 2(1) all practicable steps
a: the nature and severity of the serious
harm or significant property damage that may be suffered if the result
is not achieved; and
b: the current state of knowledge about
the likelihood that harm or damage of that nature and severity will
be suffered if the result is not achieved; and
c: the current state of knowledge about
harm or damage of that nature; and
d: the current state of knowledge about
the means available to achieve the result, and about the likely efficacy
of each of those means; and
e: the availability and cost of each of
those means 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: harm of the kinds and descriptions that
are serious harm under the Health and
Safety in Employment Act 1992 .
2: Section 2(1) distribution system distribution system
a: means all fittings, whether above or
below ground, under the control of a gas distributor and used to distribute
gas from—
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 .
3: Section 2(1) gas inspector
4: Section 2(1) paragraph (a) place
a: the whole or any part of any land, house,
shop, factory, premises, or building: .
5: Section 2(1) infringement fee section 54 infringement notice section 57C infringement offence
a: an offence against section 21(d) or section 27
b: a breach of any regulation made under
this Act that is prescribed as an infringement offence point of supply section 54 .
7: Special powers of Secretary
1: Section 9(3)
a: omitting in respect of any
place
b: inserting do or require any person to
2: Section 9 subsection (3)
3A: The Secretary's
power to require a person to do a thing under subsection (3)
a: produce for inspection, within any reasonable
period that the Secretary may specify, any document or class of document
in the possession or under the control of the person that the Secretary
considers would assist the Secretary to remove or minimise a danger
or potential danger:
b: supply, within any reasonable period
that the Secretary may specify, any information or class of information
that the Secretary considers would assist the Secretary to remove
or minimise a danger or potential danger.
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.
8: Notification and investigation of accidents
1: The heading
to section 17 and investigation
2: Section 17 subsections (1) (2)
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.
3: Section 17
6: Notification
of an accident in accordance with either or both of the following
provisions is compliance with subsection
(3)
a: section 16(3)
of the Electricity Act 1992
b: section 25(3)
of the Health and Safety in Employment Act 1992
9: New section 17A inserted
The following
section is inserted after section 17
17A: Transfer of accident information
1: The Secretary
must, as soon as practicable after he or she is notified of an accident
under section 17
a: the person who must be notified of the
particulars of an accident under section
16(3) of the Electricity Act 1992 section 16 of that Act
b: the person who must be notified of the
occurrence of an accident under section
25(3) of the Health and Safety in Employment Act 1992 section
25 of that Act
2: Subsection (1)(a) section 16(3) of the
Electricity Act 1992
10: Obstructing Secretary
1: Section 21 $10,000 $50,000 in the case
of an individual, or $250,000 in the case of a body corporate,
2: Section 21(d) report notify
11: New sections 46A and 46B inserted
The following
sections are inserted after section 46
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
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 and 54A gas supply system section 54
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
12: Section 49 repealed
Section 49
13: Regulations
1: Section 54(1) paragraph (b)
bb: prescribing requirements for safety management
systems:
bc: prescribing, for the purposes of sections 46A, 46B, and 54A .
2: Section 54(1)(s) $10,000 $50,000
3: Section 54(1) paragraph (s)
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: .
14: New sections 54A and 54B inserted
The following
sections are inserted after section 54
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 taking of all practicable steps to
eliminate, isolate, or minimise those hazards; 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) subsection (1)(b)
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) subsection (1)(e)
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) 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)
ii: without limitation, a situation described
in subparagraph (i)
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 take all practicable
steps is required to take those steps only in respect of circumstances
that the person knows or ought reasonably to know about.
2: Different
requirements may be prescribed under section
54(1)(bb)
15: New section 56B inserted
The following
section is inserted before section 57
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 take all practicable
steps to prevent 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 take all practicable
steps to prevent the serious harm or significant property damage.
3: Every person
who commits an offence under this section is liable on conviction
on indictment to—
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 take all practicable steps is
required to take those steps only in respect of circumstances that
the person knows or ought reasonably to know about. 1992 No 96 s 49 .
16: Offences
Section 57 Other offences
17: New sections 57A to 57F inserted
1: The following
sections are inserted after section 57
57A: Time for laying information
Despite section 14 of the Summary Proceedings Act 1957 sections 54 or 55
57B: Infringement offences
1: If a person
is alleged to have committed an infringement offence, that person
may either—
a: be proceeded against summarily for the
alleged offence under the Summary Proceedings
Act 1957
b: be served with an infringement notice
as provided in section 57C
2: Despite section 21 of the Summary Proceedings Act 1957
57C: Infringement notices
1: The Secretary
may issue an infringement notice to a person if—
a: the Secretary believes on reasonable
grounds that the person is committing, or has committed, an infringement
offence; and
b: the Secretary or another person has not
taken enforcement action against the same defendant in respect of
the same matter.
2: The Secretary
may revoke an infringement notice before the infringement fee is paid,
or before an order for payment of a fine is made or deemed to be made
by a court under section 21 of the Summary
Proceedings Act 1957
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 the Secretary,—
i: the laying of an information under this
Act; or
ii: the issuing of an infringement notice
under this Act; and
b: in relation to a person other than the
Secretary, the laying of an information under this Act.
57D: Procedural requirements for infringement notices
1: An infringement
notice may not be issued after the close of the 14th day after the
Secretary becomes aware of the alleged infringement offence.
2: An infringement
notice may be served on a person—
a: by delivering it, or a copy of it, personally
to the person who appears to have committed the infringement offence;
or
b: by sending it, or a copy of it, by post,
addressed to the person at the person's last known place of residence
or business.
3: For the purposes
of the Summary Proceedings Act 1957 subsection
(2)(b)
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) of the Summary Proceedings Act 1957
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 of the Summary Proceedings
Act 1957
a: reminder notices may be prescribed under
regulations made under this Act; and
b: in all other respects, section 21 of the Summary Proceedings Act 1957
6: Reminder notices
must contain the prescribed information.
57E: Payment of infringement fee
The Secretary
must pay all infringement fees received into a Crown Bank Account.
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)
2: Nothing in section 57A
18: Consequential amendment
Section 2(1) Summary Proceedings Act 1957 infringement notice paragraph (c)
ca: section 57C
of the Gas Act 1992 . OIC SR 2010/75 2010-05-04 Summary Proceedings Act 1957