Reprint as at 29 July 2008
Changes authorised by section 17C of the Acts and Regulations Publication Act 1989 have been made in this eprint.
A general outline of these changes is set out in the notes at the end of this eprint, together with other explanatory material about this eprint.
This Act is administered in the Ministry of Economic Development
Title
1 Short Title and commencement
1A Purposes [Not in force]
Part 1Preliminary provisions
2 Interpretation
3 Act to bind the Crown
Part 2General
Electricity operators
4 Declaration of electricity distributors as electricity operators
4A Declaration of electricity supply businesses as electricity operators
Functions and powers of Secretary
5 Functions of Secretary
6 Inspection of works, etc
7 Report to be compiled on inspection
8 Special powers of Secretary
9 Objections to Secretary's requirements
10 Effect of notice or requirement pending hearing
11 Procedure on hearing of objection
12 Appeal on question of law
13 Secretary 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 Secretary
20 Obstructing Secretary
21 Privilege against self-incrimination
Part 3Powers 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
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 Transit New Zealand Act 1989 not to apply
35 Owners and occupiers of private land may move works
Part 4Electrical 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
Part 5Rural electrical reticulation
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
55 Expiration of provisions relating to Council
56 Consequential amendment to Official Information Act 1982
Part 6Miscellaneous 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 [Not in force]
62 Continuance of supply
Part 7Price restraint
[Expired]
63 Regulations relating to price of electricity [Expired]
64 Definition of domestic premises [Expired]
65 Offences [Expired]
66 Other Acts relating to price control not affected [Expired]
67 Expiry of this Part [Expired]
Part 8Licensing 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 9Registration and licensing of electrical workers
Registration of electrical workers
74 Qualifications for registration as electrical service technician
75 Qualifications for registration as electrician
76 Qualifications for registration as line mechanic
77 Qualifications for registration as electrical inspector
78 Refusal of registration
79 Provisional licences
80 Application for registration by provisional licensee
81 Persons qualified overseas
82 Applications for registration or provisional licence
83 Applications to be considered by Board
84 Board not to decline application without giving applicant opportunity to be heard
85 Determination of application
86 Limits to work that may be undertaken
87 Registers to be kept
88 Certificate of registration
Maintenance of registers
89 Revision of registers
90 Cancellation of registration or provisional licence
91 Correction of registers
92 Notification of amendments to register, etc
93 Removal of name on request
94 Restoration of name to register
Practising licences
95 Practising licence required
96 Applications for practising licences
97 Board to consider applications
98 Limitations to be noted on licence
99 Regulations may prescribe conditions for issue of practising licence
100 Currency of practising licences
Employer licences
101 Employer licence
102 Duration and renewal of licence
103 Revocation of licence
104 Revocation, etc, of conditions
105 Powers of inspection
Transitional provisions
106 Transitional provisions relating to registration
107 Further transitional provisions relating to registration
Part 10Restrictions on electrical work
108 Restrictions on doing or assisting with prescribed electrical work
109 Exemption for work done under supervision
110 Exemption for domestic electrical work
111 Exemption for maintenance of domestic appliances
112 Exemption for tradespersons
113 Temporary exemption for certain organisations
114 Testing, certification, and inspection
115 Power of entry
116 Power to require information
Part 11Discipline
117 Persons to whom this Part applies
118 Disciplinary offence defined
119 Complaints
120 Information to be given to person complained against
121 Investigation of complaint
122 Committee may recommend interim suspension or disqualification
123 Referral of complaint to Board
124 Notice of disciplinary proceedings
125 Interim suspension or disqualification
126 Revocation of interim suspension or disqualification
127 Disciplinary powers of Board
128 Costs and expenses
129 Enforcement of fines, etc
130 Suspension or disqualification to take effect immediately
131 Effect of suspension or disqualification
132 Board may fix date after which person may apply for restoration to register
133 Application for restoration to register
Procedure
134 Right of audience
135 Evidence
136 Board to have powers of commission of inquiry
137 Orders to be committed to writing
138 Surrender of certificates or licences
139 Publication of orders
Part 12Appeals
140 Appeals
141 Time for lodging appeal
142 Procedure on appeal
143 Court may refer appeals back for reconsideration
144 Costs
145 Power of Court to prohibit publication of person's name or affairs
146 Decision to continue in force pending appeal
147 Appeal on question of law
147A Secretary must supply warrant of authority [Not in force]
147B Duties of investigator supplied with warrant of authority [Not in force]
147C Restriction on entry to dwellinghouse [Not in force]
147D Investigator must give notice to occupier of dwellinghouse [Not in force]
147E Notices to supply information or documents [Not in force]
147F Offence to fail to comply with notice to supply information or document [Not in force]
147G Board must hold hearing if investigator reports that complaint should be considered by Board [Not in force]
147H Notice of disciplinary proceedings [Not in force]
147I Interim suspension or disqualification [Not in force]
147J Form of interim suspension or disqualification order [Not in force]
147K Revocation of interim suspension or disqualification [Not in force]
147L Board must take reasonable steps to hold hearing as soon as practicable if it makes interim suspension or disqualification order [Not in force]
147M Disciplinary powers of Board [Not in force]
147N Costs and expenses [Not in force]
147O Enforcement of fines, costs, and expenses [Not in force]
147P Suspension, restriction, or disqualification may take effect immediately [Not in force]
147Q Effect of disqualification [Not in force]
147R Consequences of failure to comply with order to pass examination, complete competence programme, or attend course of instruction [Not in force]
147S Right to appear and be heard [Not in force]
147T Investigator to prosecute matter [Not in force]
147U Appointment of legal advisor to assist Board [Not in force]
147V Appointment of persons to assist investigator [Not in force]
147W Evidence [Not in force]
147X Board to have powers of commission of inquiry [Not in force]
147Y Orders to be in writing [Not in force]
147Z Publication of orders [Not in force]
147ZA Appeals [Not in force]
147ZB Time for lodging appeal [Not in force]
147ZC Procedure on appeal [Not in force]
147ZD Court may refer appeals back for reconsideration [Not in force]
147ZE Costs [Not in force]
147ZF Power of Court to prohibit publication of person's name or affairs [Not in force]
147ZG Decision to continue in force pending appeal [Not in force]
147ZH Appeal on question of law [Not in force]
Part 13Administration
Electrical Workers Registration Board
148 Electrical Workers Registration Board
149 Functions
150 Membership
151 Registrar
152 Delegation of functions and powers
153 Meetings to be held in public
Complaints Assessment Committees
154 Complaints Assessment Committees
155 Secretary to maintain list
General provisions
156 Rules of natural justice to be observed
156A Power to amend or revoke [Not in force]
156B Notice and service of documents by Board, member, Registrar, or investigator [Not in force]
157 Further provisions applying to Board and Committees
158 Review of operation of Act
Part 14Miscellaneous provisions
Subpart 1—General electricity matters
Financial statements of customer and community trusts
158A Community and customer trusts to prepare audited financial statements
158B Publication of audited financial statements
158C Auditor of trusts
158D Procedures for annual meeting to appoint auditor
158E Auditor-General to be auditor if no other auditor appointed
158F Application of sections 158A to 158E
Complaints resolution system
158G Complaints resolution system
Powers of entry
159 Conditions relating to power to enter land or premises
Offences
160 Offences relating to registration
161 Offence to engage in prescribed electrical work without practising licence
162 Offence to contravene condition of employer licence
163 Other offences
163A Offence to fail to comply with condition of employer licence [Not in force]
163B Offence to breach requirement to have safety management system [Not in force]
163C Offences for actions or omissions likely to cause serious harm or significant property damage [Not in force]
163D Other offences [Not in force]
164 Directors and officers of bodies corporate
165 Time for laying information
Infringement offences
165A Infringement offences [Not in force]
165B Infringement notices [Not in force]
165C Procedural requirements for infringement notices [Not in force]
165D Payment of infringement fee [Not in force]
165E Effect of infringement notice [Not in force]
Miscellaneous provisions
166 Payment of fees
167 Certificate by Registrar or Secretary to be evidence of registration, etc
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
Regulations—Information disclosure
170 Regulations relating to information disclosure [Repealed]
Regulations—Consumer choice of electricity retailer
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
172A Outline of subpart
Regulations—Low fixed charge tariff option for domestic consumers
172B Low fixed charge tariff option for domestic consumers
Regulations—Code on access for beneficiaries of community and customer trusts
172C Regulations for code on access for beneficiaries of customer and community trusts
Regulations—Reserve energy
172CA Reserve energy
Electricity governance regulations
172D Electricity governance regulations
172E Conditions and process for recommendations on electricity governance regulations
172F Assessment of proposed electricity governance regulations
172G Process for recommendations on other electricity governance regulations [Repealed]
172H Electricity governance rules
172I Method of making electricity governance rules
Supplementary provisions
172J Supplementary empowering provision for regulations and rules
172K Supplementary empowering provision for regulations
Provisions that apply if electricity governance regulations or rules are in force
172KA Transmission agreements
172KB Party must co-operate with investigations
172KC Privileges protected
172KD Limits on investigation powers
172KE Rulings Panel may make certain orders
172KF Restriction of remedies
172KG Limit on tort claims against service providers
Appeals
172KH Appeals on ground of lack of jurisdiction
172KI Judicial review not precluded
172KJ Appeals on question of law in relation to decisions by Commission or Rulings Panel
172KK Right of appeal against suspension or termination orders
172KL Persons entitled to appeal
172KM Determination of appeals
172KN High Court may refer appeals back to Commission or Rulings Panel for reconsideration
172KO Provisions pending determination of appeal
172KP High Court may order proceedings be heard in private
172KQ Appeal to Court of Appeal in certain cases
Part 15Governance of electricity industry
Preliminary provisions
172L Purpose
Subpart 1—Electricity Governance Board
172M Continuation of Commission
172N Principal objectives and specific outcomes
172O Functions of Commission
172P Body corporate status and powers [Repealed]
172Q Role of board of the Commission [Repealed]
172R Membership of the Commission's board
Duties of members
172S Duties of members
172T Collective duties of the Commission's board [Repealed]
172U Members accountable to Minister [Repealed]
172V Notice of special meetings of Commission's board
Role of the Commission in relation to electricity governance regulations and rules
172W EGB to make recommendations concerning electricity governance regulations and rules [Repealed]
172X Objectives of recommendations
172Y Obligation to consult [Repealed]
172Z Minister must have regard to recommendations
Power to direct EGB
172ZA Power to direct EGB [Repealed]
172ZB Procedure for giving direction [Repealed]
Levy of industry participants
172ZC Levy of industry participants
172ZCA Commission must consult about request for appropriation
Miscellaneous
172ZD Accountability of the Commission [Repealed]
172ZE Regulations
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
172ZI Application of subpart [Repealed]
172ZJ Interpretation
172ZK Setting of GPS objectives and outcomes
172ZL Annual performance standards
172ZM Additional information to be included in annual report
172ZN Minister must present annual performance report to House of Representatives [Repealed]
172ZO Assurance audit by Auditor-General
172ZP Report by Parliamentary Commissioner for Environment
172ZQ Functions under this subpart
Subpart 3—Miscellaneous provisions
172ZR Specific authorisation for purposes of restrictive trade practices rules
Part 16Repeals, 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
Amendment to Electricity Act 1968
178 Rights of entry for energy companies
15B
Amendment to Electrical Registration Act 1979
179 Certificate of compliance where prescribed electrical work covered by building consent
38A
180 Transitional provision relating to electricity agreements
181 Electricity distributors to ensure provision of inspection services
182 Transitional provisions relating to proceedings, etc
Schedule 1Provisions applying in respect of Rural Electrical Reticulation Council
Schedule 2Provisions applying in respect of Electrical Workers Registration Board and Complaints Assessment Committees
Schedule 2AFurther Provisions for the Commission and the Commission's Board
Schedule 3Enactments repealed
Schedule 4Enactments amended
Schedule 5Regulations and orders revoked
Schedule 6Regulations deemed to have been made pursuant to section 169 of this Act
Reprint notes
An Act—
(a) To make better provision for the regulation of the supply of electricity and the electricity industry in New Zealand; and
(b) To consolidate and amend the law relating to the regulation and control of electrical workers; and
(c) To provide for matters incidental thereto; and
to provide for the regulation of fittings and electrical appliances that are, or may be, exported pursuant to an international trade instrument; and
(d) To repeal the Electric Linemen Act 1959, the Electricity Act 1968, and the Electrical Registration Act 1979
The Title of this Act was amended, as from 8 August 2001, by section 6 Electricity Amendment Act 2001 (2001 No 40) by inserting, after the words “the regulation of the supply of electricity”, the words “and the electricity industry”. See section 19 of that Act (for the transitional provision for Transpower's pricing methodology on and after 26 July 2001); section 20 (for the savings provision for Transpower's pricing methodology before 26 July 2001); and section 21 (for validations of actions by persons without electricity operator status).
“the regulation of the supply of electricity”
“and the electricity industry”
Title paragraph (ca): inserted, on 29 July 2008, by section 5 of the Electricity Amendment Act 2008 (2008 No 53).
BE IT ENACTED by the Parliament of New Zealand as follows: