Ministry of Energy Act 1977
Ministry of Energy Act 1977
Checking for alerts... Loading...
Ministry of Energy Act 1977
Ministry of Energy Act 1977
Public Act |
1977 No 33 |
|
Date of assent |
6 October 1977 |
|
Contents
An Act to establish a Ministry of Energy and to define its functions, powers, and duties
BE IT ENACTED by the General Assembly of New Zealand in Parliament assembled, and by the authority of the same, as follows:
1 Short Title and commencement
(1)
This Act may be cited as the Ministry of Energy Act 1977.
(2)
Subject to subsection (3) of this section, this Act shall come into force on a date to be appointed by the Governor-General by Order in Council.
(3)
The Governor-General may, by the same or a separate Order in Council, bring into force the provisions of section 21(2) of this Act and the Fourth Schedule to this Act on a different date from the other provisions of this Act.
2 Interpretation
In this Act, unless the context otherwise requires—
“Committee” means a committee appointed under section 8 of this Act:
“Energy” means work or heat that is or may be produced or derived from coal, electricity, gas, geothermal activity, petroleum, petroleum products, uranium, water, or any other fuel or any other source whatsoever:
“Deputy Secretary” means a Deputy Secretary of Energy appointed in accordance with section 6 of this Act:
“Distribution” includes sale:
“Mineral” has the same meaning as it has in section 5 of the Mining Act 1971:
“Minister” means the Minister of Energy:
“Ministry” means the Ministry of Energy established by section 3 of this Act:
“Secretary” means the Secretary of Energy appointed in accordance with section 5 of this Act:
“Terms and conditions”, in relation to employment, include remuneration.
Part I The Ministry of Energy
3 Establishment of Ministry
There is hereby established a Department of State, to be called the Ministry of Energy.
4 Minister of Energy
(1)
The Ministry shall be under the control of the Minister of Energy.
(2)
The Minister may, from time to time, for the purposes of the carrying out of the functions, powers, and duties of the Ministry, give such directions as he thinks fit to the Secretary.
5 Secretary of Energy
There shall from time to time be appointed under the State Services Act 1962 a Secretary of Energy, who shall be the administrative head of the -Ministry.
6 Deputy Secretaries of Energy
There shall from time to time be appointed under the State Services Act 1962 one or more Deputy Secretaries of Energy as may be necessary for the effective and efficient carrying out of the functions of the Ministry.
7 Other officers and employees of Ministry
(1)
There shall from time to time be appointed under the State Services Act 1962 such other officers and employees of the Ministry as may be necessary for the effective and efficient carrying out of its functions.
(2)
Every person who, immediately before the commencement of this Act, was under the State Services Act 1962 an officer or employee of—
(a)
The New Zealand Electricity Department constituted under the Electricity Act 1968; or
(b)
The Mines Department established as an instrument of the Crown under the control of the Minister of Mines; or
(c)
The Ministry of Energy Resources established by section 3 of the Ministry of Energy Resources Act 1972—
shall on the commencement of this Act be deemed, without further appointment, to hold office as an officer or employee, as the case may be, of the Ministry of Energy under subsection (1) of this section.
(3)
Every person who, immediately before the commencement of this Act, was employed by the Mines Department otherwise than under the State Services Act 1962 shall on the commencement of this Act be deemed, without further appointment, to be employed by the Ministry of Energy on the same terms and conditions as he was then employed by the Mines Department.
8 Committees
(1)
The Minister may from time to time appoint such committees as he thinks fit to advise or otherwise assist the Minister or the Secretary on any matters relating to energy or minerals that the Minister may specify.
(2)
Every member of a committee shall hold office at the pleasure of the Minister.
(3)
Subject to this Act, and to any directions given to it by the Minister, every committee may regulate its own procedure.
(4)
Every committee is hereby declared to be a statutory Board within the meaning of the Fees and Travelling Allowances Act 1951.
(5)
There may, if the Minister so directs, be paid to any member of a committee, out of money appropriated by Parliament for the purpose,—
(a)
Remuneration by way of fees, salary, or allowances in accordance with the Fees and Travelling Allowances Act 1951; and
(b)
Travelling allowances and travelling expenses in accordance with that Act in respect of time spent travelling in the service of the committee.
(6)
The Fees and Travelling Allowances Act 1951 shall apply accordingly.
(7)
No person, by reason only of the fact that he is a member of a committee, shall be deemed to be employed in the service of the Crown for the purposes of the State Services Act 1962 or of the Government Superannuation Fund Act 1956.
9 Delegation of powers by Minister
(1)
The Minister may from time to time, either generally or particularly, delegate to the Secretary all or any of the powers exercisable by him as Minister under any enactment, including powers delegated to him as Minister under any enactment, but not including—
(a)
The power of delegation conferred on him by this section; or
(b)
The power to consent to a delegation under section 10 of this Act; or
(c)
Any power conferred on him by Part III of the Mining Act 1971 or by any of sections 128, 129. and 145 of the Mining Act 1971.
(2)
Subject to any general or special directions given or conditions attached by the Minister, the Secretary may exercise any powers delegated to him under this section in the same manner and with the same effect as if they had been conferred on him directly by this section and not by delegation.
(3)
Until any delegation made under this section is revoked, it shall continue in force according to its tenor; and in the event of the Minister by whom the delegation has been made ceasing to hold office, it shall continue to have effect as if made by the person for the time being holding office as Minister.
(4)
In the event of the Secretary to whom any such delegation has been made under this section ceasing to hold office, it shall continue to have effect as if made to the person who is for the time being holding office as Secretary or, if there is no Secretary or if the Secretary is absent from duty, to the person who is for the time being directed under the State Services Act 1962 to act in the place of the Secretary.
(5)
Where the Secretary or any other person purports to act pursuant to any delegation made under this section, he shall, in the absence of proof to the contrary, be presumed to be acting in accordance with the terms of the delegation.
(6)
Every delegation made under this section shall be revocable at will, and no such delegation shall prevent the exercise of any power by the Minister.
10 Delegation of powers by Secretary
(1)
The Secretary may from time to time, either generally or particularly, delegate to such officer or officers or employee or employees of the Ministry as he thinks fit, all or any of the powers exercisable by him as Secretary under any enactment, including any powers delegated to him as Secretary under any enactment.
(2)
Notwithstanding subsection (1) of this section—
(a)
The Secretary shall not delegate the power of delegation conferred on him by that subsection;
(b)
The Secretary shall not, without the written consent of the Minister, delegate any power delegated to him by the Minister; and
(c)
The Secretary shall not, without the written consent of the State Services Commission, delegate any power delegated to him under the State Services Act 1962.
(3)
Subject to any general or special directions given or conditions attached by the Secretary, every officer or employee to whom any powers are delegated under this section may exercise those powers in the same manner and with the same effect as if they had been conferred on him directly by this section and not by delegation.
(4)
Any delegation under this section may be made to a specified officer or employee, or to officers or employees of a specified class, or to the holder or holders for the time being of a specified office or class of offices.
(5)
Every person purporting to act pursuant to any delegation made under this section shall in the absence of proof to the contrary be presumed to be acting in accordance with the terms of the delegation.
(6)
Any delegation made under this section shall be revocable at will, and no such delegation shall prevent the exercise of any power by the Secretary.
(7)
Any delegation made under this section shall, until revoked, continue in force according to its tenor, notwithstanding that the Secretary by whom it was made may have ceased to hold office, and shall continue to have effect as if made by the successor in office of that Secretary.
Part II Functions of the Ministry
11 General functions of Ministry in relation to energy policies
(1)
The Ministry shall advise the Minister on the formulation, implementation, co-ordination, and continuing review of effective and efficient policies for New Zealand relating to energy.
(2)
The Ministry shall also have such other functions as are necessary for the formulation, implementation, co-ordination, and continuing review of effective and efficient policies for New Zealand relating to energy, and for the due administration by the Ministry of this Act in relation to energy.
(3)
In carrying out the functions specified in subsections (1) and (2) of this section, the Ministry shall take into account all relevant considerations relating to energy, including (inter alia) —
(a)
Sources of energy and energy resources;
(b)
Exploration, discovery, assessment, research, development, production, processing, supply, distribution, uses, consumption, and conservation;
(c)
The separate needs of industry, commerce, transport, domestic users, and other classes of users, and of significant subclasses of those users;
(d)
The needs and interests of New Zealand, and of particular regions and subregions within New Zealand;
(e)
The international responsibilities of New Zealand;
(f)
Environmental and other social considerations;
(g)
Appropriate methods of organisation for the best administration of effective policies relating to energy; and
(h)
Future needs, patterns, changes, and problems, and the need to plan for and influence such matters.
(4)
Without limiting the generality of the functions specified in subsections (1) and (2) of this section, or of the considerations specified in subsection (3) of this section, the Ministry shall in particular—
(a)
Assess the levels and patterns of demand in New Zealand for energy, and for sources of energy, and wherever desirable formulate effective methods of influencing such demands in relation to available resources;
(b)
Promote, encourage, and stimulate exploration for and the discovery of any kinds, forms, and sources of energy, and the co-ordination of such activities and, if the Minister so directs, itself undertake or commission such activities;
(c)
Undertake, promote, and encourage the establishment, maintenance, development, and co-ordination of adequate sources of supply of energy for New Zealand;
(d)
Promote, encourage, and stimulate investigations, research, and studies into any matters relating to energy, and the co-ordination of such activities and, if the Minister so directs, itself undertake or commission such activities;
(e)
Promote, encourage, and stimulate efficient, economical, and co-ordinated methods in activities relating to energy;
(f)
Promote, encourage, and stimulate efficient and economical uses of energy and sources of energy;
(g)
Consider all aspects of investment in activities relating to energy;
(h)
Formulate methods of influencing and promoting the conservation of energy;
(i)
Wherever desirable, publish and disseminate, and promote, encourage, and stimulate the publication and dissemination of information relating to energy;
(j)
Encourage co-operation and co-ordination among organisations and individuals (including Departments of State) that are concerned with matters relating to energy;
(k)
Make financial grants or loans to or subsidise, out of money appropriated by Parliament for the purpose, bodies and organisations that are engaged in activities relating to energy; and
(l)
If the Minister so directs, provide administrative, technical, and secretarial assistance to Departments of State, to statutory bodies, and to bodies corporate wholly owned by the Crown, that are concerned with matters relating to energy.
12 Control of prices
(1)
The Minister shall exercise and perform, in relation to goods and services of the classes specified in subsection (4) of this section that may be made subject to price control under Part IV of the Commerce Act 1975, all the functions, powers, and duties conferred on the Minister of Trade and Industry under that Part of that Act.
(2)
The Secretary shall exercise and perform, in relation to goods and services of the classes specified in subsection (4) of this section that may be made subject to price control under Part IV of the Commerce Act 1975, all the functions, powers, and duties conferred on the Secretary of Trade and Industry under that Part of that Act.
(3)
In relation to the classes of goods and services specified in subsection (4) of this section,—
(a)
Every reference in Part IV of the Commerce Act 1975 and in sections 2a, 25, 66(1)(a), 66(2), and 130(2) of that Act to the Minister shall accordingly hereafter be read as a reference to the Minister of Energy instead of the Minister of Trade and Industry; and
(b)
Every reference in that Part of that Act and in sections 2a, 14(2), 15(1), 19, 30(2), 120a, 124(2), 126(c), 130, 132, and 133(4) of that Act to the Secretary shall accordingly hereafter be read as a reference to the Secretary of Energy instead of the Secretary of Trade and Industry.
(4)
This section applies to goods and services of the following classes:
(a)
Coal, coal products, electricity, gas, geothermal energy, petroleum, petroleum products, and petrochemicals:
(b)
Any other goods being kinds, forms, or sources of energy, or products from sources of energy, that the Governor-General may from time to time, by Order in Council, declare to be goods to which this section applies:
(c)
Any services relating to matters concerning energy that the Governor-General may from time to time, by Order in Council, declare to be services to which this section applies.
(5)
Before making any decision under any of sections 84, 89, 90, 91, 92(4), and 94(2) of the Commerce Act 1975 in respect of any goods or services of the classes specified in subsection (4) of this section, being a decision that may affect—
(a)
Retail margins for petroleum products; or
(b)
Exports from New Zealand or industrial production or industrial development in New Zealand—
the Secretary of Energy shall consult with and consider the views of the Secretary of Trade and Industry, or any officer of the Department of Trade and Industry designated for that purpose by the Secretary of Trade and Industry.
(6)
Where by virtue of the commencement of this section or of any Order in Council made under this section, the provisions of this section become applicable to any class of goods or services,—
(a)
Any prosecution for an offence against the Commerce Act 1975 that has been instituted in relation to any such goods or services before this section becomes applicable to them shall be continued and completed as if this section were not applicable; and
(b)
Any other matter or proceeding under that Act in relation to any such goods or services that is pending or in progress when this section becomes applicable to them shall be continued, completed, and perfected as if this section were not applicable.
13 General functions of Ministry in relation to minerals
(1)
The Ministry shall advise the Minister on the development and regulation of the mineral industry of New Zealand, and shall also have such other functions as are necessary for the development and regulation of that industry, and for the due administration of this Act in relation to minerals.
(2)
Without limiting the generality of the functions specified in subsection (1) of this section, the Ministry shall in particular—
(a)
Promote and encourage exploration for and the discovery of minerals, and the proper development of the mineral resources of New Zealand; and
(b)
By providing advice and assistance, foster the development of the mineral industry of New Zealand.
14 Functions of Ministry under other enactments
The Ministry shall administer the enactments specified in the First Schedule to this Act.
15 Participation in operations
(1)
The Minister may from time to time, on behalf of the Crown, either alone or jointly with any other person or persons, carry on any business relating to exploration for or the discovery, production, processing, supply, distribution, uses, or conservation of energy, sources of energy, products from energy or sources of energy, minerals, and mineral products; and in particular but without limiting the generality of this section may—
(a)
Establish or promote, or concur in or support the establishing or promoting, of any body corporate having power to carry on any such business;
(b)
Subscribe for, purchase, or otherwise acquire, and sell or otherwise dispose of shares, stocks or interests, and otherwise participate in, any body corporate, firm, partnership, or joint venture (whether established before or after the commencement of this Act) having power to engage in any such business;
(c)
Exercise all of the rights and powers of the Crown as the holder of any shares, stocks, and interests in any such undertaking; and
(d)
Purchase or otherwise acquire any kinds, forms, or sources of energy, or minerals, from any such undertaking.
(2)
The Minister of Finance may from time to time, on behalf of the Crown advance money on such terms as he thinks fit to any undertaking referred to in subsection (1) of this section in which the Minister of Energy holds any shares, stock, or interests.
(3)
All money required to be paid by the Crown under this section shall, without further appropriation than this section, be paid out of the Consolidated Revenue Account or the National Development Loans Account.
(4)
Where any money is required to be paid under this section, and the money is paid out of the National Development Loans Account, the authority of the Minister of Finance to borrow money under section 11 of the New Zealand Loans Act 1953 shall be deemed to be extended as if the money so paid had been authorised to be transferred from the National Development Loans Account to another fund or account as mentioned in that section.
(5)
Where any undertaking referred to in subsection (1) of this section is wholly owned, legally or beneficially, by the Crown, the terms and conditions of employment of the officers and employees of the undertaking shall be determined by the undertaking in agreement with the State Services Commission, or by the Minister in the absence of agreement.
(6)
Notwithstanding subsection (5) of this section, in any case where a composite agreement within the meaning of section 66 of the Industrial Relations Act 1973—
(a)
To which any undertaking referred to in that subsection is a party; and
(b)
Which relates to any activities to be undertaken in respect of any contract or contracts for a specified exploration programme or the construction of a specified facility or any other specified project; and
(c)
Which sets out the terms and conditions of employment of any employees of the undertaking—
is registered by the Industrial Commission under section 65 of that Act, the terms and conditions of employment of those employees shall be determined under that agreement.
(7)
The Crown, acting through any Department of State, may from time to time at the request of any undertaking referred to in subsection (1) of this section—
(a)
Execute any work or provide any service for or supply any goods, stores, or equipment to the undertaking; or
(b)
Enter into contracts or arrangements with any other persons for the execution or provision of any work or service by the Department for the undertaking, or for the supply of any goods, stores, or equipment by the Department to it—
on such terms and conditions as may be agreed on.
(8)
The Minister may from time to time, on behalf of the Crown,—
(a)
Transfer, exchange, or otherwise dispose of any kind, form, or source of energy (except electricity) purchased or otherwise acquired by him under this Act to any Department of State; and
(b)
Sell, exchange, or otherwise dispose of any kind, form, or source of energy (except electricity) purchased or otherwise acquired by him under this Act to any body corporate, firm, partnership, joint venture, or person.
(9)
All money received by the Crown under subsection (7) or subsection (8) of this section shall be received or credited into the Public Account.
(10)
The Minister may from time to time, on behalf of the Crown, contract with any body corporate, firm, partnership, or person to act as agent for all or part of a contract; deed, agreement, or other instrument that the Minister has entered into under this section.
(11)
The Minister may from time to time, on behalf of the Crown, enter into and execute agreements, contracts, deeds, and other instruments for the purposes of this section, and do all other acts and things that are reasonably necessary for such purposes.
(12)
The Minister shall cause accounts (including a balance sheet) in accordance with the directions of the Minister of Finance under section 103 of the Public Revenues Act 1953 to be prepared for each financial year of all money received and paid by him under this section.
(13)
A copy of the accounts, duly audited by the Audit Office, shall be laid before Parliament during the session of Parliament first ensuing after the end of the financial year to which the accounts relate.
(14)
The powers conferred on the Minister by this section are in addition to any other powers conferred on him or on the Ministry by any enactment.
Part III Amendments to other Enactments
Coal
16 Amendments to enactments relating to coal
(1)
The enactments specified in Part I of the Second Schedule to this Act are hereby amended in the manner indicated in that Part of that Schedule.
(2)
Unless in any case the context otherwise requires, every reference in any other enactment or in any regulation, rule, order, agreement, deed, instrument, application, notice, licence, or other document whatsoever in force at the commencement of this Act—
(a)
To the Minister of Mines, shall hereafter be read as a reference to the Minister of Energy:
(b)
To the Mines Department, shall hereafter be read as a reference to the Ministry of Energy:
(c)
To the Secretary of Mines, shall hereafter be read as a reference to the Secretary of Energy:
(d)
To any other officer or employee of the Mines Department, shall hereafter be read as a reference to an officer or employee, as the case may require, of the Ministry of Energy.
Electricity
17 Amendment of Electricity Act 1968
(1)
The Electricity Act 1968 is hereby amended by repealing section 6 (which relates to the functions of the New Zealand Electricity Department), and substituting the following section:
“6 Principal functions of Ministry of Energy under this Act
Subject to section 11 of the Ministry of Energy Act 1977, the Ministry shall have the following principal functions under this Act:
“(a)
To initiate, organise, co-ordinate, continue, and maintain the production, transmission, and supply of electricity:
“(b)
To encourage the development and improvement of systems of supply of electricity:
“(c)
To seek to ensure standards of safety, efficiency, and economy of operation in respect of the production, transmission, and supply of electricity:
“(d)
To initiate and carry out surveys in respect of the supply and use of electricity:
“(e)
To advise Government departments on all matters affecting electricity:
“(f)
To carry out such functions in respect of and incidental to the production, transmission, and supply of electricity as the Minister may from time to time direct.”
(2)
The Electricity Act 1968 is hereby further amended in the manner indicated in Part II of the Second Schedule to this Act.
18 Amendments to other enactments relating to electricity
(1)
The enactments specified in Part II of the Second Schedule to this Act (in addition to the Electricity Act 1968) are hereby amended in the manner indicated in that Part of that Schedule.
(2)
The Electricity Amendment Act 1973 is hereby consequentially repealed.
(3)
Unless in any case the context otherwise requires, every other reference in any other enactment or in any regulation, rule, order, agreement, deed, instrument, application, notice, licence, or other document whatsoever in force at the commencement of this Act—
(a)
To the Minister of Electricity, shall hereafter be read as a reference to the Minister of Energy:
(b)
To the New Zealand Electricity Department, shall hereafter be read as a reference to the Ministry of Energy:
(c)
To the General Manager of the New Zealand Electricity Department, shall hereafter be read as a reference to the Secretary of the Ministry of Energy:
(d)
To any other officer or employee of the New Zealand Electricity Department, shall hereafter be read as a reference to an officer or employee, as the case may require, of the Ministry of Energy.
Energy Resources
19 Repeal of enactments constituting Ministry of Energy Resources
(1)
The following enactments are hereby repealed:
(a)
The Ministry of Energy Resources Act 1972:
(b)
The Ministry of Energy Resources Amendment Act 1973.
(2)
From the commencement of this Act, all shares, stocks, interests, and other rights that immediately before the commencement of this Act, were vested in or held by the Minister of Energy Resources on behalf of the Crown pursuant to section 5a of the Ministry of Energy Resources Act 1972 (as inserted by section 2 of the Ministry of Energy Resources Amendment Act 1973) shall without further authority than this section vest in or be held by, as the case may require, the Minister of Energy on behalf of the Crown, in accordance with section 15 of this Act; and from the commencement of this Act, all liabilities of the Minister of Energy Resources on behalf of the Crown under that section of that Act immediately before the commencement of this Act shall become liabilities of the Minister of Energy on behalf of the Crown in accordance with section 15 of this Act.
20 Amendments to other enactments relating to energy resources
(1)
The Energy Resources Levy Act 1976 is hereby amended in the manner indicated in Part III of the Second Schedule to this Act.
(2)
Unless in any case the context otherwise requires, every reference in any other enactment or in any regulation, rule, order, agreement, deed, instrument, application, notice, licence, or other document whatsoever in force at the commencement of this Act—
(a)
To the Minister of Energy Resources, shall hereafter be read as a reference to the Minister of Energy:
(b)
To the Ministry of Energy Resources, shall hereafter be read as a reference to the Ministry of Energy:
(c)
To the Commissioner of Energy Resources, shall hereafter be read as a reference to the Secretary of Energy:
(d)
To an Assistant Commissioner of Energy Resources, shall hereafter be read as a reference to a Deputy Secretary of Energy:
(e)
To any other officer or employee of the Ministry of Energy Resources, shall hereafter be read as a reference to an officer or employee, as the case may require, of the Ministry of Energy.
Gas
21 Amendments to enactments relating to gas
(1)
The enactments specified in Part IV of the Second Schedule to this Act are hereby amended in the manner indicated in that Part of that Schedule.
(2)
The Fourth Schedule to this Act (which relates to the Natural Gas Corporation of New Zealand) shall apply in relation to the matters specified in that Schedule.
Geothermal Energy
22 Amendments to enactments relating to geothermal energy
The enactments specified in Part V of the Second Schedule to this Act are hereby amended in the manner indicated in that Part of that Schedule.
Minerals
23 Amendments to enactments relating to minerals
The enactments specified in Part VI of the Second Schedule to this Act (which relate to minerals, mining, and quarries) are hereby amended in the manner indicated in that Part of that Schedule.
Nuclear Energy
24 Amendment of Atomic Energy Act 1945
The Atomic Energy Act 1945 is hereby amended in the manner indicated in Part VII of the Second Schedule to this Act.
Petroleum
25 Amendments to enactments relating to petroleum
The enactments specified in Part VIII of the Second Schedule to this Act are hereby amended in the manner indicated in that Part of that Schedule.
Consequential Amendments to other Enactments
26 Consequential amendments
The enactments specified in Part IX of the Second Schedule to this Act (which relate to the State Services and to the jurisdiction of the Ombudsmen and to the Commerce Act 1975) are hereby amended in the manner indicated in that Part of that Schedule.
Part IV Miscellaneous Provisions
27 Special provisions for scheduled undertakings in respect of energy
(1)
Notwithstanding any provision to the contrary in the Companies Act 1955—
(a)
The accounts of any company for the time being specified in the Third Schedule to this Act shall be kept in a form to be approved by the Minister of Finance; and
(b)
Those accounts shall be audited by the Audit Office, which for that purpose shall have all the powers that it has under the Public Revenues Act 1953 in respect of public money and public stores and persons dealing with public money and public stores.
(2)
Nothing in sections 151 to 153 or in sections 163 to 166 of the Companies Act 1955 shall apply to any company that is for the time being specified in the Third Schedule to this Act.
28 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)
Requiring specified classes of users or intending users of energy or of sources of energy to supply to the Secretary prescribed information as to—
(i)
The kinds, forms, and sources of energy used or to be used by them;
(ii)
The purposes for which they are so used or to be used;
(iii)
The means by which they are so used or to be used; and
(iv)
Changes or proposed changes in the kinds, forms, or sources of energy so used or to be used, or in the quantities so used or to be used:
(b)
Providing for such other matters as are contemplated by or necessary for giving full effect to this Act and for its due administration.
(2)
No person who becomes aware of any information referred to in subsection (1)(a) of this section that is supplied pursuant to any regulation made under this section shall wilfully divulge that information to any other person unless—
(a)
The person to whom the information is divulged is an officer or employee of the Ministry and the information is divulged to him for the purposes of carrying this Act into effect; or
(b)
The person to whom the information relates consents to its being so divulged.
(3)
Every person who contravenes subsection (2) of this section commits an offence against this Act and is liable on summary conviction to imprisonment for a term not exceeding 3 months or to a fine not exceeding $1,000 or to both.
29 Annual reports
(1)
The Secretary shall as soon as practicable after the end of each financial year furnish to the Minister a report on the operations of the Ministry for that year.
(2)
The report shall incorporate the accounts, balance sheets, and reports that the Secretary is required to prepare under section 184 of the Coal Mines Act 1925 in respect of each coal mine administered by the Minister under Part III of that Act.
(3)
A copy of the report shall be laid by the Minister before Parliament within 28 days after it has been furnished to the Minister if Parliament is then in session or, if Parliament is not then in session, within 28 days after the commencement of the next ensuing session.
SCHEDULES
FIRST SCHEDULE Acts Administered by the Ministry of Energy
Section 14
Enactments relating to Coal
1925, No. 39—The Coal Mines Act 1925.
Enactments relating to Electricity
1915, No. 65—The Lake Coleridge Water-power Act 1915.
1925, No. 38—The Electric Power Boards Act 1925.
1930, No. 42—The Electrical Supply Authorities Association Act 1930.
1936, No. 25—The Southland Electric-power Supply Act 1936.
1952, No. 73—The Electricians Act 1952.
1959, No. 46—The Electric Linemen Act 1959.
1963, No. 23—The Manapouri - Te Anau Development Act 1963.
1968, No. 125—The Electricity Act 1968.
Enactments relating to Energy Resources
1976, No. 71—The Energy Resources Levy Act 1976.
Enactments relating to Gas
1908, No. 69—The Gas Supply Act 1908.
1958, No. 43—The Gas Industry Act 1958.
1967, No. 41—The Natural Gas Corporation Act 1967.
Enactments relating to Geothermal Energy
1953, No. 102—The Geothermal Energy Act 1953.
Enactments relating to Minerals
1959, No. 100—The Iron and Steel Industry Act 1959.
1944, No. 13—The Quarries Act 1944.
1971, No. 25—The Mining Act 1971.
Enactments relating to Nuclear Energy
1945, No. 41—The Atomic Energy Act 1945.
Enactments relating to Petroleum
1933, No. 36—The Motor Spirits (Regulation of Prices) Act 1933.
1937, No. 27—The Petroleum Act 1937.
1970, No. 144—The Kapuni Petroleum Act 1970.
1976, No. 155—The International Energy Agreement Act 1976.
SECOND SCHEDULE Enactments Amended
Section 16(1)
Part I Enactments relating to Coal
| Title of Act | Amendment |
|---|---|
| 1925, No. 39—The Coal Mines Act 1925 | By repealing the definition of the term “‘Minister’ means the Minister of Energy:”. |
In section 2, by omitting the definition of the term “‘Secretary’ means the Secretary of Energy appointed in accordance with the Ministry of Energy Act 1977:”. | |
In sections 42 and 166 respectively (as amended by section 247(4) of the Mining Act 1971), by omitting the words “Secretary of Mines”, and substituting in each case the word “Secretary”. | |
In sections 166 and 192(1)(m) respectively, by omitting the words “Mines Department”, and substituting in each case the words “Ministry of Energy”. | |
In section 170a (as inserted by section 9 of the Coal Mines Amendment Act 1953), by omitting from subsections (1), (2), and (4) respectively the words “of Mines”, and substituting in each case the words “of Energy”. | |
|
In section 184 (as substituted by section 25(2) of the Coal Mines Amendment Act 1959)— (a)By omitting from subsection (1) the words (b)By omitting from subsection (1)(b) the word | |
| 1932, No. 30—The Finance Act, 1932 (No. 2) | By omitting the words “of Mines”from section 7, and substituting the words “of Energy”. |
| 1933, No. 48—The Coalmines Amendment Art 1933 | By omitting the words “of Mines”from section 2. |
| 1950, No. 37—The Coal Mines Amendment Act 1950 | By omitting from section 5(2) (as amended by section 247(4) of the Mining Act 1971) the words “Secretary of Mines”, and substituting the words “Secretary of Energy”. |
| 1953, No. 105—The Coal Mines Amendment Act 1953 | In sections 16(1)(b) and 21(2) respectively (as amended by section 247(4) of the Mining Act 1971), by omitting the words “Secretary of Mines”, and substituting in each case the words “Secretary of Energy”. |
| 1961, No. 33—The Coal Mines Amendment Act 1961 | By repealing section 5. |
Part II Enactments relating to Electricity
Sections 17(2) and 18(1)
| Title of Act | Amendment |
|---|---|
| 1925, No. 38—The Electric Power Boards Act 1925 (Reprinted 1976, Vol. 4) | By repealing the definition of the term “‘Minister’ means the Minister of Energy:” |
| 1928, No. 21—The Public Works Act 1928 (Reprinted 1975, Vol. 3, p. 2283) | By omitting the words “and this Part”from section 329. |
| 1930, No. 42—The Electrical Supply Authorities Association Act 1930 (Reprinted 1976, Vol. 5) | By omitting the words “Minister of Electricity”from section 11(e)(i) (as amended by section 4(2) of the Electricity Amendment Act 1958), and substituting the words “Minister of Energy”. |
| 1936, No. 25—The Southland Electricpower Supply Act 1936 | In sections 8(2)(e), 8(3), and 9 respectively (as so amended), by omitting the words “Minister of Electricity”, and substituting in each case the words “Minister of Energy”. |
| 1950, No. 93—The Finance Act 1950 |
By repealing the definition of the term “‘Minister’ means the Minister of Energy:”. |
| 1952, No. 73—The Electricians Act 1952 | By repealing the definition of the term “‘Minister’ means the Minister of Energy:”. |
By inserting after the definition of the term “‘Secretary’ means the Secretary of Energy appointed in accordance with the Ministry of Energy Act 1977:” | |
In sections 3(2), 3(3), 3(4), 4(2), 4(3), 5, 20a(2), 23, 24(2), 26(4), 27(1), 27(6), 28(1), 29, and 33(1)(b) respectively, by omitting the words “General Manager of the New Zealand Electricity Department”wherever they occur, and substituting in each case the word “Secretary”. | |
In section 5(5) (as amended by section 4(3) of the Electricity Amendment Act 1958) by omitting the words “New Zealand Electricity Department”, in the second place where they occur, and substituting the words “Ministry of Energy”. | |
In section 24(2) (as substituted by section 13(1) of the Electricians Amendment Act 1966) by omitting the words “General Manager”, in the second place where they occur, and substituting the word “Secretary”. | |
| By repealing section 38 (as amended by section 4(3) of the Electricity Amendment Act 1958). | |
| 1959, No. 46—The Electric Linemen Act 1959 (Reprinted 1976, Vol. 4) | By repealing the definition of the term “Department”in section 2. |
|
In section 2, by repealing the definition of the term “‘Minister’ means the Minister of Energy: “‘Ministry’ means the Ministry of Energy established by the Ministry of Energy Act 1977:”. | |
By omitting the word “Department”in section 3(2)(a), and substituting the word “Ministry”. | |
| By repealing section 26. | |
| 1968, No. 125—The Electricity Act 1968 | By omitting from the definition of the term “authorised officer”, in section 2, the words “General Manager of the New Zealand Electricity Department”, and substituting the word “Secretary”. |
By repealing the definition of the term “Department”in section 2. | |
In section 2, by repealing the definition of the term “‘Secretary’ means the Secretary of Energy appointed in accordance with the Ministry of Energy Act 1977”. | |
|
In section 2, by repealing the definition of the term “‘Minister’ means the Minister of Energy: “‘Ministry’ means the Ministry of Energy established by the Ministry of Energy Act 1977:”. | |
| By repealing section 3. | |
| By repealing section 4. | |
| By repealing section 5. | |
In section 7(1), by inserting before the word “It”the words “Subject to section 11 of the Ministry of Energy Act 1977,”. | |
In sections 7(1), 7(2), 7(3), 11(2)(i), 35(2)(b), 39(8), 52a and 53(1) respectively, by omitting the word “Department”, wherever it occurs, and substituting in each case the word “Ministry”. | |
| By repealing section 7(2)(a). | |
In sections 7(2)(e), 7(3), and 19(1) respectively, by omitting the words “General Manager”, and substituting in each case the word “Secretary”. | |
|
In section 7a(2) (as inserted by section 4 of the Electricity Amendment Act 1976), by repealing the definition of the term “‘Authorised officer’ means— “(a)The Secretary: “(b)Any officer or employee of the Ministry to whom the Secretary has delegated under section 10 of the Ministry of Energy Act 1977 the power to enter on premises: “(c)The chief executive officer of any Electrical Supply Authority to whom the Secretary has delegated the power to enter on premises under section 9 of this Act: “(d)Any responsible officer or employee of an Electrical Supply Authority to whom the chief executive officer of the Authority has delegated the power to enter on premises under section 9 of this Act:”. | |
| By repealing section 8. | |
| By repealing section 8a. | |
|
By repealing section 9 (as amended by section 5 of the Electricity Amendment Act 1976), and substituting the following section: “9 Delegation of powers to responsible officers and employees of Electrical Supply Authorities“(1) The Secretary may from time to time, either generally or particularly, delegate to the chief executive officer of any Electrical Supply Authority— “(a)All or any of the powers exercisable by the Secretary pursuant to section 7(2)(e) of this Act; and “(b)The power (exercisable by the Secretary pursuant to section 7(3) of this Act) to enter on any premises; and “(c)The power to delegate, either generally or particularly, to any responsible officer or employee of the Authority, all or any of the powers referred to in paragraphs (a) and (b) of this subsection. “(2) The provisions of section 10 of the Ministry of Energy Act 1977 shall apply to any delegation by the Secretary or a chief executive officer pursuant to this section in the same manner and to the same extent as they apply to a delegation by the Secretary under that section.” | |
| By repealing section 10. | |
In sections 11(1) and 11(2)(j) respectively, by omitting the words “of Electricity”. | |
|
By repealing paragraph (b) of section 30(1), and substituting the following paragraph: “(b)All charges and expenses incurred by the Ministry in connection with the administration of the enactments specified in that part of the First Schedule to the Ministry of Energy Act 1977 dealing with enactments relating to electricity:”. | |
In sections 33(1)(a) and 34(1) respectively, by omitting the words “of Electricity”, wherever they occur, and substituting in each case the words “of Energy”. | |
By repealing paragraph (a) of section 35(2), and substituting the following paragraph: “(a)The Secretary, who shall be the Chairman of the Council”. | |
| By repealing section 37(2). | |
|
By inserting, after section 52a (as inserted by section 3 of the Electricity Amendment Act 1975), the following section: “52b Disputes between Electrical Supply Authorities“(1) The Secretary may, at the request of any 2 or more Electrical Supply Authorities, or on his own motion (where no right of application to a Court of competent jurisdiction exists to determine the dispute), determine any matter in dispute between those Electrical Supply Authorities. “(2) The Secretary may take such steps as he considers necessary or desirable in order to discharge his functions under this section (including the appointment of any suitable independent person to exercise his functions on his behalf). “(3) A determination under this section on any matter in dispute shall be final and binding on the parties.” | |
By omitting from section 53(2a) (as inserted by section 5 of the Electricity Amendment Act 1969) the words “General Manager or any officer or employee of the Department”, and substituting the words “Secretary or any officer or employee of the Ministry”. | |
| By repealing the First Schedule. | |
| 1976, No. 38—The Electricity Amendment Act 1976 | By repealing section 2. |
| By repealing section 5. |
Part III Enactment relating to Energy Resources
Section 20(1)
| Title of Act | Amendment |
|---|---|
| 1976, No. 71—The Energy Resources Levy Act 1976 | By omitting from the definition of the term “agent”in section 2(1) the word “Commissioner”, and substituting the word “Secretary”. |
In section 2(1), by repealing the definition of the term “‘Secretary’ means the Secretary of Energy appointed in accordance with the Ministry of Energy Act 1977:” | |
In sections 8, 9, 11, 12(1), 12(2), 12(3), 12(4), 12(5), 12(7), 13, 15, 16(3), 17(1), 17(4), 18, 21(1)(b), 25, 26, 29(d), 32, 33(1), 33(2), 33(3), 34, 35, 36(2), and 37(1)(b) respectively, by omitting the word “Commissioner”, wherever it occurs, and substituting in each case the word “Secretary”. | |
By omitting the word “Commissioner”from section 17(3)(b) in the second place where it occurs, and substituting the word “Secretary”. | |
In sections 21(1)(b) and 34(1) respectively, by omitting the words “Resources or the Mines Department”. | |
In sections 21(1)(f) and 36(1) respectively, by omitting the word “Resources”. | |
By omitting the words “Ministry of Energy Resources and the Mines Department”from section 37(1)(a), and substituting the words “Ministry of Energy”: | |
| By repealing section 38. |
Part IV Enactments relating to Gas
Section 21(1)
| Title of Act | Amendment |
|---|---|
| 1958, No. 43—The Gas Industry Act 1958 | By repealing the definition of the term “‘Minister’ means the Minister of Energy:”. |
By repealing paragraph (c) of section 3(2) (as amended by section 13 of the Ministry of Energy Resources Act 1972), and substituting the following paragraph: “(c)One person, who shall be an officer of the Ministry of Energy:”. | |
| By repealing section 3(2)(e). | |
By omitting the words “Minister of Mines”from section 20, and substituting the words “Minister of Energy”. | |
| 1967, No. 41—The Natural Gas Corporation Act 1967 |
By repealing the definition of the term “‘Minister’ means the Minister of Energy:”. |
Part V Enactments relating to Geothermal Energy
Section 22
| Title of Act | Amendment |
|---|---|
| 1928, No. 21—The Public Works Act 1928 (Reprinted 1975, Vol. 3, p. 2283) |
By omitting from the Fourteenth Schedule (as added by section 23 of the Public Works Amendment Act 1973) the item relating to the Geothermal Energy Act 1953. |
| 1953, No. 102—The Geothermal Energy Act 1953 (Reprinted 1975, Vol. 3, p. 2019) | By repealing the definition of the term “‘Minister’ means the Minister of Energy:”. |
By inserting in section 8(1) (as amended by section 2(6) of the Trade and Industry Amendment Act 1972), after the words “the Minister of Finance,”, the words “the Minister of Energy,”. | |
In section 11 (as amended by the Electricity Act 1968),— (a)By omitting the words (b)By omitting the words | |
|
By inserting, after section 16, the following section: “16A Certificate of Commissioner of Works for evidentiary purposes“(1) Where the Commissioner of Works is satisfied, after due inquiry,— “(a)That any circumstances described in paragraph (a) or paragraph (b) of section 6(6), or paragraph (a) or paragraph (b) of the proviso to section 9(9), or paragraph (a) of section 12(1) of this Act exist; or “(b)That for the purposes of section 12(1) of this Act, any bore is affecting detrimentally other specified bores, or the supplies of geothermal energy for other specified bores, or a specified tourist attraction— he may give a certificate in writing to that effect to the Minister of Energy. “(2) Where the Minister of Energy receives a certificate under subsection (1) of this section, he may regard the certificate as sufficient evidence of the existence of the matters as to which the Commissioner of Works has certified that he is satisfied.” | |
By omitting from section 17 (as amended by section 2(4)(a) of the Public Works Amendment Act 1973) the words “Works and Development”, and substituting the word “Energy”. | |
|
By adding to section 17 the following subsection: “(4) Every licence and authority granted under this Act by the Minister of Works and Development before the commencement of the Ministry of Energy Act 1977, so far as that licence or authority is in force immediately before the commencement of that Act, shall be deemed to have been granted by the Minister of Energy under this Act.” |
Part VI Enactments relating to Minerals
Section 23
| Title of Act | Amendment |
|---|---|
| 1944, No. 13—The Quarries Act 1944 | By repealing the definition of the term “‘Minister’ means the Minister of Energy:”. |
| 1959, No. 100—The Iron and Steel Industry Act 1959 | By repealing the definition of the term “‘Minister’ means the Minister of Energy:”. |
In section 7a (as inserted by section 4 of the Iron and Steel Industry Amendment Act 1965), by omitting the words “of Mines”, wherever they occur in subsections (1), (2), and (5) respectively, and substituting in each case the words “of Energy”. | |
| 1962, No. 48—The Mining Tenures Registration Act 1962 | In sections 4(11), 7(7), and 12(1)(c) respectively, by omitting the words “Minister of Mines”and substituting in each case the words “Minister of Energy”. |
| 1971, No. 25—The Mining Act 1971 | By repealing the definition of the term “‘Minister’ means the Minister of Energy:”. |
By repealing the definition of the term “‘Secretary’ means the Secretary of Energy appointed in accordance with the Ministry of Energy Act 1977:” | |
In sections 26(5), 58(2), 58(3), and 163(2)(a) respectively, by omitting the words “of Mines”wherever they occur, and substituting in each case the words “of Energy”. | |
In sections 153(4), 154(4), and 233(d) respectively, by omitting the words “Mines Department”wherever they occur, and substituting in each case the words “Ministry of Energy”. | |
| By repealing section 241. | |
| By repealing section 242. | |
| By repealing section 244. | |
| By repealing section 247(4). |
Part VII Enactments relating to Nuclear Energy
Section 24
| Title of Act | Amendment |
|---|---|
| 1945, No. 41—The Atomic Energy Act 1945 | By repealing the definition of the term “‘Minister’ means the Minister of Energy:”. |
In sections 4, 4a(2), and 4b(3) respectively (as amended by section 247(4) of the Mining Act 1971), by omitting the words “Secretary of the Mines Department”, and substituting in each case the words “Secretary of Energy”. | |
By omitting the words “of Mines”from section 16(1), and substituting the words “of Energy”. |
Part VIII Enactments relating to Petroleum
Section 25
| Title of Act | Amendment |
|---|---|
| 1933, No. 36—The Motor Spirits (Regulation of Prices) Act 1933 | By repealing the definition of the term “‘Minister’ means the Minister of Energy:” |
By adding to section 3 the following subsection: “(3) Before making any recommendation to the Governor-General in Council under this section, the Minister shall consult with and consider the views of the Minister of Trade and Industry.” | |
By inserting in section 5(1), after the words “, any agreements entered into by the Government from time to time, with any person or body providing or using refinery services in New Zealand for motor spirits, as to the costs of providing such services,”. | |
By omitting from section 5a(2) (as inserted by section 32 of the Local Authorities (Petroleum Tax) Act 1970 and amended by section 2(7) of the Trade and Industry Amendment Act 1972) the words “Secretary of Trade and Industry”, and substituting the words “Secretary of Energy”. | |
By omitting from section 10(1) (as amended by section 2(5) of the Trade and Industry Amendment Act 1972) the, words “Department of Trade and Industry”, and substituting the words “Ministry of Energy”. | |
| 1937, No. 27—The Petroleum Act 1937 (Reprinted 1976, Vol. 5) | By repealing the definition of the term “‘Minister’ means the Minister of Energy:”. |
By repealing the definition of the term “‘Secretary’ means the Secretary of Energy appointed in accordance with the Ministry of Energy Act 1977.” | |
In sections 29(4), 30(4), and 32(3) respectively (as substituted by section 3 of the Petroleum Amendment Act 1975), by omitting the words “of Mines”, and substituting in each case the words “of Energy”. | |
| By repealing section 37 (as so substituted). | |
| By repealing section 47f (as so substituted). | |
| 1964, No. 28—The Continental Shelf Act 1964 | In sections 5(2), 5(4), and 9(2)(b) respectively, by omitting the words “Minister of Mines”, and substituting the words “Minister of Energy”. |
| 1970, No. 144—The Kapuni Petroleum Act 1970 |
By repealing the definition of the term “‘Minister’ means the Minister of Energy:”. |
| 1976, No. 155—The International Energy Agreement Act 1976 |
By repealing the definition of the term “‘Minister’ means the Minister of Energy:” |
Part IX Consequential Amendments to other Enactments
Section 26
| Title of Act | Amendment |
|---|---|
| 1962, No. 132—The State Services Act 1962 (Reprinted 1971, Vol. 4, p. 2533) | By omitting from the Second Schedule (as amended by section 13 of the Ministry of Energy Resources Act 1972) the items relating to the New Zealand Electricity Department, the Mines Department, and the Ministry of Energy Resources respectively. |
By substituting in the Second Schedule, in place of the item relating to the Ministry of Energy Resources, the item “Ministry of Energy”. | |
| By omitting from the Third Schedule (as substituted by section 4(1) of the State Services Amendment Act 1973) the items relating to Electricity, Energy Resources, and Mines respectively. | |
|
By substituting in the Third Schedule, in place of the item relating to Energy Resources, the following item: “Energy Secretary. Deputy Secretary. Assistant Secretary.” | |
| 1975, No. 9—The Ombudsmen Act 1975 | By omitting from Part I of the First Schedule the items relating to the Mines Department, the Ministry of Energy Resources, and the New Zealand Electricity Department respectively. |
|
By substituting in Part I of the First Schedule, in place of the item relating to the Ministry of Energy Resources, the following item: “The Ministry of Energy.” | |
| 1975, No. 113—The Commerce Act 1975 (Reprinted 1976, Vol. 3, p. 2445) | By inserting in the definition of the term “Minister”in section 2(1), after the word “means”, the words “, subject to section 12 of the Ministry of Energy Act 1977,”. |
By inserting in the definition of the term “Secretary”in section 2(1), after the word “means”, the words “, subject to section 12 of the Ministry of Energy Act 1977,”. |
THIRD SCHEDULE Companies Subject to Special Administrative Provisions
Section 27(1) and (2)
1.
Offshore Mining Company Limited, a company duly incorporated under the Companies Act 1955.
FOURTH SCHEDULE Special Provisions Relating to the Natural Gas Corporation of New Zealand
Sections 1(3)and 21(2)
1.
The following enactments are hereby repealed:
(a)
The Natural Gas Corporation Act 1967:
(b)
The Natural Gas Corporation Amendment Act 1973:
(c)
The Natural Gas Corporation Amendment Act 1976:
(d)
The item in the First Schedule to this Act relating to the Natural Gas Corporation Act 1967:
(e)
The item in Part IV of the Second Schedule to this Act relating to the Natural Gas Corporation Act 1967.
2.
On the commencement of the provisions of this Schedule—
(a)
All the assets, rights, interests, and liabilities of the Natural Gas Corporation of New Zealand established by the Natural Gas Corporation Act 1967 shall without further authority than this section vest in and become the assets, rights, interests, and liabilities of the designated company; and
(b)
Every officer or employee of the Natural Gas Corporation of New Zealand shall without further appointment become an officer or employee, as the case may require, of the designated company, on terms and conditions of employment that are not less favourable than those on which he was employed in the Natural Gas Corporation of New Zealand.
3.
In this Schedule, “the designated company”
means a company to be designated for the purposes of this Schedule in the Order in Council bringing into force the provisions of this Schedule.
4.
A company may not be designated for the purposes of this Schedule unless—
(a)
Every share of the company is owned legally or beneficially by the Crown; and
(b)
The Controller and Auditor-General has certified in Writing to the Minister that, at the commencement of the provisions of this Schedule, the assets of the company (including the assets of the Natural Gas Corporation of New Zealand vesting in it by virtue of paragraph 2 of this Schedule) will be sufficient to meet all of the liabilities of the company (including the liabilities taken over by it from the Corporation by virtue of paragraph 2 of this Schedule) except—
(i)
Those liabilities that are owing to or guaranteed by the Crown; and
(ii)
Retained profits.
This Act is administered in the Ministry of Energy.
"Related Legislation
"Related Legislation
"Related Legislation
Versions
Ministry of Energy Act 1977
RSS feed link copied, you can now paste this link into your feed reader.