Electricity Act 1992

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Reprint as at 18 October 2016

Electricity Act 1992

Public Act		1992 No 122
Date of assent		17 December 1992
Commencement		see section 1

Note

Changes authorised by subpart 2 of Part 2 of the Legislation Act 2012 have been made in this official reprint.

Note 4 at the end of this reprint provides a list of the amendments incorporated.

This Act is administered by the Ministry of Business, Innovation, and Employment.

	Title [Repealed]
1	Short Title and commencement
1A	Purposes
	Part 1 Preliminary provisions
2	Interpretation
3	Act to bind the Crown
	Part 2 General
	Electricity operators
4	Declaration of electricity distributors as electricity operators
4A	Declaration of electricity generators as electricity operators
	Functions and powers of WorkSafe and Secretary
5	Functions of WorkSafe
5A	Functions of Secretary
5B	WorkSafe and Secretary must share information
6	Inspection of works, etc
7	Report to be compiled on inspection
8	Special powers of WorkSafe
9	Objections to WorkSafe’s requirements
10	Effect of notice or requirement pending hearing
11	Procedure on hearing of objection
12	Appeal on question of law
13	WorkSafe may require immediate compliance
14	Appeal against decision on application for injunction
15	Assessors
16	Notification of accidents
16A	Transfer of accident information
17	Interference with scene of accident
18	Inquiries into accidents
19	Assistance to WorkSafe
20	Obstructing WorkSafe
21	Privilege against self-incrimination
	Part 3 Powers and duties of electricity operators and other owners of electrical works
22	Protection of existing works
22A	Owners of land not responsible for maintenance
23	Rights of entry in respect of existing works
23A	Line owner must give written notice of intention to maintain or complete existing works
23B	Line owner must give notice of intention to inspect or operate existing works
23C	Notice in emergencies
23D	Land owner may set reasonable conditions on line owner’s entry
23E	Agreements preserved
23F	Disputes about land access
24	Construction or maintenance of works on roads
24A	Criteria for setting reasonable conditions
25	Notice to be given before work undertaken
26	Offence
27	Appeals in relation to conditions imposed
28	Determination of appeals
29	Appeal on question of law
30	Charging for access to road reserve
31	Rights of entry in respect of level crossings
32	Local authority, etc, may require works to be moved
33	Cost of work required under section 32
34	Government Roading Powers Act 1989 not to apply
35	Owners and occupiers of private land may move works
	Part 4 Electrical codes of practice
36	Issue of electrical code of practice
37	Code may incorporate official standards by reference
38	Code to be approved by Minister
39	Availability of codes
40	Emergency amendment of code
41	Citation of code
42	Proof of code
43	Codes promulgated under Electricity Act 1968
43A	Different Ministries responsible for different codes [Repealed]
	Part 5 Rural electrical reticulation [Repealed]
44	Rural Electrical Reticulation Council [Repealed]
45	Functions of Council [Repealed]
46	Council to comply with government policies [Repealed]
47	Further provisions applying to Council [Repealed]
48	Levies [Repealed]
49	Interest on levies [Repealed]
50	Application of levies [Repealed]
51	Transitional provision relating to subsidies [Repealed]
52	Transitional provision relating to membership of Council [Repealed]
53	Council to wind up operations before dissolution [Repealed]
54	Dissolution of Council [Repealed]
55	Expiration of provisions relating to Council [Repealed]
56	Consequential amendment to Official Information Act 1982 [Repealed]
	Part 6 Miscellaneous provisions relating to supply of electricity
57	Compensation for damage
58	Compensation for trees and vegetation removed
59	Returns relating to construction of works, etc
60	Standards for electricity supply
61	Safety requirements
61A	Electricity generators and electricity distributors must have safety management systems
62	Continuance of supply [Repealed]
	Part 6A Restriction on new fossil-fuelled thermal electricity generating capacity [Repealed]
	Preliminary provisions
62A	Purpose of this Part [Repealed]
62B	Expiry of this Part [Repealed]
62C	Interpretation [Repealed]
	Restriction on connection and operation of specified generation plant
62D	Restriction on connection and operation of specified generation plant [Repealed]
62E	Additional penalty for breach involving commercial gain [Repealed]
	Exemptions
62F	Minister of Energy may grant exemption [Repealed]
62G	Minister of Energy may only grant exemption if satisfied of certain matters [Repealed]
62H	Grounds and terms and conditions of exemption [Repealed]
62I	Public consultation on recommendations [Repealed]
62J	Publication of exemption and reasons [Repealed]
62K	Revocation of exemption [Repealed]
62L	Commission may grant temporary emergency exemption [Repealed]
	Enforcement
62M	Commission must monitor compliance [Repealed]
	Commission may use information collected or provided under regulations or rules
62N	Commission may use information collected or provided under regulations or rules [Repealed]
	Regulations
62O	Regulations for purposes of this Part [Repealed]
	Part 7 Price restraint [Repealed]
63	Regulations relating to price of electricity [Repealed]
64	Definition of domestic premises [Repealed]
65	Offences [Repealed]
66	Other Acts relating to price control not affected [Repealed]
67	Expiry of this Part [Repealed]
	Part 8 Licensing of electricity suppliers [Repealed]
68	Definition of consumer for purposes of this Part [Repealed]
69	Licence to supply electricity [Repealed]
70	Offence [Repealed]
71	Supply of electricity to consumers outside supply area [Repealed]
72	Duty to supply [Repealed]
73	Expiry of this Part [Repealed]
	Part 9 Restrictions on electrical work
74	Restrictions on doing or assisting with prescribed electrical work
	Exemptions
75	Board may exempt person or class of persons from section 74
76	Exemption for work done under supervision
77	Exemption for trainees
78	Board may issue limited certificate for purposes of section 77
79	Exemption for domestic electrical wiring work
80	Exemption for maintenance of domestic appliances
	Board may cancel application of exemption
81	Board may cancel application of exemption to any person
	Testing, certification, and inspection
82	Testing, certification, and inspection
83	Power of entry
	Part 10 Registration and licensing of electrical workers and employer licences
	Subpart 1—Electrical worker registration and licensing
	Classes of registration
84	Classes of registration may be designated by Board
85	Board may prescribe other registration and licensing matters
86	Minimum standards for registration
87	Principles guiding prescribing of registration and licensing matters
88	Board must consult before publishing notices
89	Notices published under sections 84 and 85 must be approved by Minister
90	Other provisions relating to notices under sections 84 and 85
	How to become registered
91	Entitlement to registration
92	Applications for registration
93	Board may issue provisional licence pending consideration of application
94	Duration of provisional licence
95	Board to consider application
96	Board to register applicant or decline application
97	Registration subject to terms and conditions
	How to become licensed
98	Practising licence required
99	Entitlement to practising licence
100	Applications for practising licence
101	Board to consider application
102	Board to issue practising licence or decline application
103	Practising licence subject to terms and conditions
	Duration and renewal of practising licence
104	Duration of practising licence
105	Applications for renewal of practising licence
106	Renewal of practising licence
	Exemptions from registration and practising licence requirements and conditions
107	Board may grant exemptions from registration and practising licence requirements and conditions
	Competence
108	Competence programmes
109	Unsatisfactory results of competence programme
	Cancellation and suspension
110	Cancellation and suspension generally
111	Effect of suspension
112	Board may cancel registration or licence if obtained wrongfully
113	Cancellation or suspension of overseas qualification, certificate, registration, or licence
	Miscellaneous provision
114	Board may delegate power to Plumbers, Gasfitters, and Drainlayers Board to act under this subpart
	Subpart 2—Employer licences
115	Employer licence
116	Requirements treated as satisfied if person obtains certification from approved person
117	Prescribed electrical work may be done under employer licence
118	Duration of employer licence
119	Renewal of employer licence
120	Cancellation, suspension, and other actions in relation to employer licences
121	Board must give employer licence holder reasonable opportunity to be heard
122	Miscellaneous provisions concerning actions under section 120
123	Powers of inspection
	Subpart 3—Register of electrical workers
124	Register of electrical workers
125	Registrar must enter matters in register
126	Purpose of register
127	Form of register
128	Matters to be contained in register
129	Historical registration and licence information and documentation to be included in register
130	Duty to notify change of address
131	Duty to notify change of name
132	Revision of register
133	Restoration of registration or licence
134	Board may direct Registrar to record cancellation, suspension, or order
135	Alterations to register
136	Register to be public
137	Restricting public access to information and documents on register
138	Search of register
139	Search criteria
140	Search purposes
141	When search constitutes interference with privacy of individual
	Part 11 Disciplinary provisions
	Preliminary provisions
142	Persons to whom this Part applies
143	Disciplinary offence
	Complaints
144	Complaints
	Investigations
145	Secretary must appoint investigator
146	Investigation of complaint
147	Investigator’s powers
147A	Secretary must supply warrant of authority
147B	Duties of investigator supplied with warrant of authority
147C	Restriction on entry to dwellinghouse
147D	Investigator must give notice to occupier of dwellinghouse
147E	Notices to supply information or documents
147F	Offence to fail to comply with notice to supply information or document
	Consideration of complaint by Board
147G	Board must hold hearing if investigator reports that complaint should be considered by Board
147H	Notice of disciplinary proceedings
	Interim suspension or disqualification
147I	Interim suspension or disqualification
147J	Form of interim suspension or disqualification order
147K	Revocation of interim suspension or disqualification
147L	Board must take reasonable steps to hold hearing as soon as practicable if it makes interim suspension or disqualification order
	Exercise of disciplinary powers
147M	Disciplinary powers of Board
147N	Costs and expenses
147O	Enforcement of fines, costs, and expenses
147P	Suspension, restriction, or disqualification may take effect immediately
147Q	Effect of disqualification
147R	Consequences of failure to comply with order to pass examination, complete competence programme, or attend course of instruction
	Procedure and miscellaneous matters
147S	Right to appear and be heard
147T	Investigator to prosecute matter
147U	Appointment of legal advisor to assist Board
147V	Appointment of persons to assist investigator
147W	Evidence
147X	Board to have powers of commission of inquiry
147Y	Orders to be in writing
147Z	Publication of orders
	Part 12 Appeals
147ZA	Appeals
147ZB	Time for lodging appeal
147ZC	Procedure on appeal
147ZD	Court may refer appeals back for reconsideration
147ZE	Costs
147ZF	Power of court to prohibit publication of person’s name or affairs
147ZG	Decision to continue in force pending appeal
147ZH	Appeal on question of law
	Part 13 Administration
	Electrical Workers Registration Board
148	Electrical Workers Registration Board
149	Functions of Board
150	Membership
151	Registrar
152	Delegation of functions and powers
153	Meetings to be held in public
	Complaints Assessment Committees [Repealed]
154	Complaints Assessment Committees [Repealed]
155	Secretary to maintain list [Repealed]
	General provisions
156	Rules of natural justice to be observed
156A	Power to amend or revoke
156B	Notice and service of documents by Board, member, Registrar, or investigator
157	Further provisions applying to Board
158	Review of operation of Act
	Part 14 Miscellaneous provisions
	Subpart 1—General electricity matters
	Financial statements of customer and community trusts [Repealed]
158A	Community and customer trusts to prepare audited financial statements [Repealed]
158B	Publication of audited financial statements [Repealed]
158C	Auditor of trusts [Repealed]
158D	Procedures for annual meeting to appoint auditor [Repealed]
158E	Auditor-General to be auditor if no other auditor appointed [Repealed]
158F	Application of sections 158A to 158E [Repealed]
	Complaints resolution system [Repealed]
158G	Complaints resolution system [Repealed]
	Powers of entry
159	Conditions relating to power to enter land or premises
	Offences
160	False declarations and representations
161	Unlicensed or unregistered person must not claim to be licensed or registered
162	Offence to engage in prescribed electrical work in breach of section 74
163	Offence to employ person to engage in prescribed electrical work in breach of section 74
163A	Offence to fail to comply with condition of employer licence
163B	Offence to breach requirement to have safety management system
163C	Offences for actions or omissions likely to cause serious harm or significant property damage
163D	Other offences
164	Directors and officers of bodies corporate
165	Time for filing charging document
	Infringement offences
165A	Infringement offences
165B	Infringement notices
165C	Procedural requirements for infringement notices
165D	Payment of infringement fee
165E	Effect of infringement notice
	Miscellaneous provisions
166	Payment of fees
167	Certificate by Registrar to be evidence of various matters
168	Notices in relation to Maori land
	Regulations—General
169	Regulations
169A	Regulations that prescribe requirements for safety management systems
169B	Miscellaneous provisions relating to regulations that prescribe requirements for safety management systems
	Safe work instruments—Legal effect
169C	Legal effect of safe work instruments
	Regulations—Information disclosure [Repealed]
170	Regulations relating to information disclosure [Repealed]
	Regulations—Consumer choice of electricity retailer [Repealed]
170A	Regulations relating to ability of consumers to choose preferred electricity retailer [Repealed]
171	Information to be supplied to Secretary [Repealed]
171A	Reasonable charge may be imposed for providing copies of statements [Repealed]
172	Offences [Repealed]
	Subpart 2—Electricity industry regulation-making powers [Repealed]
172A	Outline of subpart [Repealed]
	Regulations—Low fixed charge tariff option for domestic consumers [Repealed]
172B	Low fixed charge tariff option for domestic consumers [Repealed]
	Regulations—Code on access for beneficiaries of community and customer trusts [Repealed]
172C	Regulations for code on access for beneficiaries of customer and community trusts [Repealed]
	Regulations—Reserve energy [Repealed]
172CA	Reserve energy [Repealed]
	Electricity governance regulations [Repealed]
172D	Electricity governance regulations [Repealed]
172E	Conditions and process for recommendations on electricity governance regulations [Repealed]
172F	Assessment of proposed electricity governance regulations [Repealed]
172G	Process for recommendations on other electricity governance regulations [Repealed]
172H	Electricity governance rules [Repealed]
172I	Method of making electricity governance rules [Repealed]
	Supplementary provisions [Repealed]
172J	Supplementary empowering provision for regulations and rules [Repealed]
172K	Supplementary empowering provision for regulations [Repealed]
	Provisions that apply if electricity governance regulations or rules are in force [Repealed]
172KA	Transmission agreements [Repealed]
172KB	Party must co-operate with investigations [Repealed]
172KC	Privileges protected [Repealed]
172KD	Limits on investigation powers [Repealed]
172KE	Rulings Panel may make certain orders [Repealed]
172KF	Restriction of remedies [Repealed]
172KG	Limit on tort claims against service providers [Repealed]
	Appeals [Repealed]
172KH	Appeals on ground of lack of jurisdiction [Repealed]
172KI	Judicial review not precluded [Repealed]
172KJ	Appeals on question of law in relation to decisions by Commission or Rulings Panel [Repealed]
172KK	Right of appeal against suspension or termination orders [Repealed]
172KL	Persons entitled to appeal [Repealed]
172KM	Determination of appeals [Repealed]
172KN	High Court may refer appeals back to Commission or Rulings Panel for reconsideration [Repealed]
172KO	Provisions pending determination of appeal [Repealed]
172KP	High Court may order proceedings be heard in private [Repealed]
172KQ	Appeal to Court of Appeal in certain cases [Repealed]
	Part 15 Governance of electricity industry [Repealed]
	Preliminary provisions [Repealed]
172L	Purpose [Repealed]
	Subpart 1—Electricity Governance Board [Repealed]
172M	Continuation of Commission [Repealed]
172N	Principal objectives and specific outcomes [Repealed]
172O	Functions of Commission [Repealed]
172P	Body corporate status and powers [Repealed]
172Q	Role of board of the Commission [Repealed]
172R	Membership of the Commission’s board [Repealed]
	Duties of members [Repealed]
172S	Duties of members [Repealed]
172T	Collective duties of the Commission’s board [Repealed]
172U	Members accountable to Minister [Repealed]
172V	Notice of special meetings of Commission’s board [Repealed]
	Role of the Commission in relation to electricity governance regulations and rules [Repealed]
172W	EGB to make recommendations concerning electricity governance regulations and rules [Repealed]
172X	Objectives of recommendations [Repealed]
172Y	Obligation to consult [Repealed]
172Z	Minister must have regard to recommendations [Repealed]
	Power to direct EGB [Repealed]
172ZA	Power to direct EGB [Repealed]
172ZB	Procedure for giving direction [Repealed]
	Levy of industry participants [Repealed]
172ZC	Levy of industry participants [Repealed]
172ZCA	Commission must consult about request for appropriation [Repealed]
	Miscellaneous [Repealed]
172ZD	Accountability of the Commission [Repealed]
172ZE	Regulations [Repealed]
172ZF	The Commission is public authority [Repealed]
172ZG	Amendment to Ombudsmen Act 1975 [Repealed]
172ZH	Amendment to Public Finance Act 1989 [Repealed]
	Subpart 2—Accountability of Electricity Commission [Repealed]
172ZI	Application of subpart [Repealed]
172ZJ	Interpretation [Repealed]
172ZK	Setting of GPS objectives and outcomes [Repealed]
172ZL	Annual performance standards [Repealed]
172ZM	Additional information to be included in annual report [Repealed]
172ZN	Minister must present annual performance report to House of Representatives [Repealed]
172ZO	Assurance audit by Auditor-General [Repealed]
172ZP	Report by Parliamentary Commissioner for Environment [Repealed]
172ZQ	Functions under this subpart [Repealed]
	Subpart 3—Miscellaneous provisions [Repealed]
172ZR	Specific authorisation for purposes of restrictive trade practices rules [Repealed]
	Part 16 Repeals, etc, and transitional provisions
	Repeals, revocations, amendments, and savings
173	Repeals, revocations, and consequential amendments
174	Regulations deemed to have been made under this Act
175	Savings
176	Application of Clutha Development (Clyde Dam) Empowering Act 1982 [Repealed]
177	Middle line Proclamation relating to Hairini-Mount Maunganui transmission line [Repealed]
	Amendment to Electricity Act 1968
178	Rights of entry for energy companies
	Amendment to Electrical Registration Act 1979
179	Certificate of compliance where prescribed electrical work covered by building consent
	Transitional provisions
180	Transitional provision relating to electricity agreements
181	Electricity distributors to ensure provision of inspection services
182	Transitional provisions relating to proceedings, etc
	Schedule 1 Provisions applying in respect of Rural Electrical Reticulation Council [Repealed]
	Schedule 2 Provisions applying in respect of Electrical Workers Registration Board
	Schedule 2A Further provisions for the Commission and the Commission’s Board [Repealed]
	Schedule 3 Enactments repealed
	Schedule 4 Enactments amended
	Schedule 5 Regulations and orders revoked
	Schedule 6 Regulations deemed to have been made pursuant to section 169
	Electricity Amendment Act 2001
	Electricity Amendment Act 2006
	Infrastructure (Amendments Relating to Utilities Access) Act 2010
	Reprint notes

Title [Repealed]

Title: repealed, on 1 April 2010, by section 4 of the Electricity Amendment Act 2006 (2006 No 70).

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