Electricity Act 1992

If you need more information about this Act, please contact the administering agency: Ministry of Business, Innovation, and Employment
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  • This version was republished on 12 September 2017 to correct a typographical error in section 128(3)(c).

Part 1 Preliminary provisions

2 Interpretation

(1)

In this Act, unless the context otherwise requires,—

applicable minimum standards for registration means the minimum standards for registration that—

(a)

apply in relation to the relevant class of registration; and

(b)

are prescribed under Part 10

approved means approved by the Board

associated equipment means any equipment that is used, or designed or intended for use, in connection with any works or electrical installation, where such use is for construction, maintenance, or safety purposes and not for purposes that relate directly to the generation, conversion, transformation, conveyance, or use of electricity

Board means the Electrical Workers Registration Board established by section 148

condition includes a restriction or limit

connectable installation, in relation to a vehicle, a relocatable building, or a pleasure vessel, means an electrical installation of that vehicle, relocatable building, or pleasure vessel that is designed or intended for, or capable of, connection to an external power supply that operates at or above such voltage as is prescribed for the purposes of this definition by regulations made under section 169; and includes any electrical appliance that is connected, or intended to be connected, to any such installation

construct includes to erect, to lay, and to place; and construction has a corresponding meaning

consumer

(a)

means any person who is supplied, or who applies to be supplied, with electricity; but

(b)

does not include any electricity generator or any electricity distributor or electricity retailer, except where the electricity generator or, as the case may be, the electricity distributor or electricity retailer is supplied, or applies to be supplied, with electricity for its own consumption and not for the purposes of resupply to any other person

corporation means a State enterprise (within the meaning of section 2 of the State-Owned Enterprises Act 1986) or a mixed ownership model company (within the meaning of section 45P of the Public Finance Act 1989) that is a generator of electricity, and includes any of its subsidiaries

document has the same meaning as in section 2(1) of the Official Information Act 1982

dwellinghouse means any building or part of a building occupied as a separate dwelling; but does not include a meter box or meter located on the exterior of the building or the part of the building

electrical appliance means any appliance that uses, or is designed or intended to use, electricity, whether or not it also uses, or is designed or intended to use, any other form of energy

electrical code of practice or code means an electrical code of practice issued pursuant to section 36

electrical installation

(a)

means—

(i)

in relation to a property with a point of supply, all fittings beyond the point of supply that form part of a system that is used to convey electricity to a point of consumption, or used to generate or store electricity; and

(ii)

in relation to a property without a point of supply, all fittings that form part of a system that is used to convey electricity to a point of consumption, or used to generate or store electricity; but

(b)

does not include any of the following:

(i)

an electrical appliance:

(ii)

any fittings that are owned or operated by an electricity generator and that are used, designed, or intended for use in or in association with the generation of electricity, or used to convey electricity from a source of generation to distribution or transmission lines:

(iii)

any fittings that are used, designed, or intended for use in or in association with the conversion, transformation, or conveyance of electricity by distribution or transmission lines

electrical wiring work means prescribed electrical work that consists of any of the following work:

(a)

the installation or maintenance of electrical wiring:

(b)

the connection or disconnection of fittings to or from electrical wiring

electricity distributor means a person who supplies line function services to any other person or persons

electricity generator means any person who owns or operates a generator connected to distribution or transmission lines

electricity operator means—

(a)

any body or person that, immediately before 1 April 1993, was the holder of a licence issued under section 20 of the Electricity Act 1968 and in force immediately before that date; and

(b)

any person declared under section 4 or section 4A to be an electricity operator for the purposes of this Act or any provision or provisions of this Act

electricity retailer means a person who supplies electricity to another person or other persons for any purpose other than for resupply by the other person or persons

employer licence means an employer licence issued under section 115

existing works,—

(a)

in relation to works owned by the Corporation, means any works constructed before 1 January 1988; and includes any works that were wholly or partly in existence, or work on the construction of which commenced, before 1 January 1988:

(b)

in relation to works owned by any other person, means any works constructed before 1 January 1993; and includes any works that were wholly or partly in existence, or work on the construction of which commenced, before 1 January 1993

fittings means everything used, or designed or intended for use, in or in connection with the generation, conversion, transformation, conveyance, or use of electricity

infringement fee, in relation to an infringement offence, means the amount prescribed by regulations made under section 169 as the infringement fee for the offence

infringement notice means a notice given under section 165B

infringement offence means—

(a)

an offence against section 20(d), 162, or 163:

(b)

a breach of any regulation made under this Act that is prescribed as an infringement offence

investigator, in relation to a complaint, means the person appointed under Part 11 to investigate the complaint

level crossing has the same meaning as in section 4(1) of the Railways Act 2005

line function services means—

(a)

the provision and maintenance of works for the conveyance of electricity:

(b)

the operation of such works, including the control of voltage and assumption of responsibility for losses of electricity

line owner means a person that owns works that are used or intended to be used for the conveyance of electricity

lines means works that are used or intended to be used for the conveyance of electricity

local authority means a territorial authority within the meaning of the Local Government Act 2002

maintain includes to repair; and maintenance has a corresponding meaning

Minister, in any provision of this Act, means the Minister of the Crown who, under the authority of any warrant or with the authority of the Prime Minister, is responsible for the administration of that provision

Ministry means the department of State that, with the authority of the Prime Minister, is for the time being responsible for the administration of this Act

official standard means—

(a)

a New Zealand Standard within the meaning of the Standards and Accreditation Act 2015:

(b)

a standard specification prescribed by any standards organisation within the meaning of that Act

place means—

(a)

the whole or any part of any land, house, shop, factory, premises, or building:

(b)

any vessel within any harbour or inland waters:

(c)

any aircraft, hovercraft, or vehicle

pleasure vessel has the same meaning as in section 2(1) of the Shipping and Seamen Act 1952

Plumbers, Gasfitters, and Drainlayers Board means the Board constituted by section 5 of the Plumbers, Gasfitters, and Drainlayers Act 1976 or continued under an enactment that, with or without modification, replaces, or that corresponds to, that Act

point of supply has the meaning set out in subsection (3)

power supply means a supply of electricity

practising licence means a practising licence issued under subpart 1 of Part 10

prescribed electrical work means electrical work prescribed in regulations made under section 169, being work that falls into any of the following categories:

(a)

the design or construction or maintenance of electrical installations:

(b)

the maintenance of electrical appliances:

(c)

the connection or disconnection of works, electrical installations, and electrical appliances to or from a power supply, other than by means of—

(i)

a plug; or

(ii)

an appliance inlet; or

(iii)

a pin—

that is inserted into a socket outlet:

(d)

the design or construction or maintenance of works:

(e)

the testing or certification or inspection or supervision of the work described in paragraphs (a) to (d)

price includes valuable consideration in any form, whether direct or indirect; and also includes any consideration that in effect relates to the acquisition of goods or services or the acquisition or disposition of any interest in land, although ostensibly relating to any other matter or thing

provisional licence means a provisional licence issued under section 93

reasonably practicable, in relation to a duty to ensure health and safety or to protect property, means that which is, or was, at a particular time, reasonably able to be done in relation to ensuring health and safety or protecting property, taking into account and weighing up all relevant matters, including—

(a)

the likelihood of the hazard or the risk concerned occurring; and

(b)

the degree of harm or damage that might result from the hazard or risk; and

(c)

what the person concerned knows, or ought reasonably to know, about—

(i)

the hazard or risk; and

(ii)

ways of eliminating or minimising the risk; and

(d)

the availability and suitability of ways to eliminate or minimise the risk; and

(e)

after assessing the extent of the risk and the available ways of eliminating or minimising the risk, the cost associated with available ways of eliminating or minimising the risk, including whether the cost is grossly disproportionate to the risk

register means the register kept under Part 10

registered person means a person who, for the time being,—

(a)

is registered under subpart 1 of Part 10; or

(b)

is deemed to be registered under that subpart

Registrar means the Registrar appointed pursuant to section 151

relocatable building means any structure designed or adapted for human occupation that is designed to be relocatable; but does not include any tent

road has the same meaning as in section 315 of the Local Government Act 1974; and includes a road under the jurisdiction of any local authority; and also includes a public footpath; and also includes a State highway within the meaning of section 2(1) of the Government Roading Powers Act 1989; but does not include—

(a)

a private road within the meaning of section 315 of the Local Government Act 1974; or

(b)

a motorway within the meaning of the Government Roading Powers Act 1989; or

(c)

any roadway laid out by order of the Maori Land Court under sections 315 to 327 of Te Ture Whenua Maori Act 1993 or under any former Act, except where that order has been cancelled, or where the roadway has been declared under section 320 of that Act to be a road; or

(d)

any level crossing

roading structure means any bridge, underpass, overpass, culvert, or tunnel

Secretary means the chief executive of the Ministry

serious harm means—

(a)

death; or

(b)

injury that consists of or includes loss of consciousness; or

(c)

a notifiable injury or illness as defined in section 23 of the Health and Safety at Work Act 2015

supervision, in relation to any work, means that the work is undertaken under such control and direction of a person authorised under this Act to do the work or, in the case of section 76, a person authorised to supervise work under that section as is sufficient to ensure—

(a)

that the work is performed competently; and

(b)

that while the work is being undertaken, appropriate safety measures are adopted; and

(c)

that the completed work complies with the requirements of any regulations made under section 169

telecommunications line means any line within the meaning of the Telecommunications Act 2001

vehicle has the same meaning as in section 2(1) of the Land Transport Act 1998

worker means any person who is employed or engaged (whether under a contract of service or a contract for services) to do any work for hire or reward

working day means any day of the week other than—

(a)

Saturday, Sunday, Good Friday, Easter Monday, Anzac Day, Labour Day, the Sovereign’s birthday, and Waitangi Day; and

(ab)

if Waitangi Day or Anzac Day falls on a Saturday or a Sunday, the following Monday; and

(b)

a day in the period commencing with 25 December in any year and ending with 15 January in the following year

works

(a)

means any fittings that are used, or designed or intended for use, in or in connection with the generation, conversion, transformation, or conveyance of electricity; but

(b)

does not include any part of an electrical installation

WorkSafe means WorkSafe New Zealand established by section 5 of the WorkSafe New Zealand Act 2013.

(2)

[Repealed]

(3)

In this Act, point of supply, in relation to a property, means the point or points on the boundary of the property at which exclusive fittings enter that property, except that,—

(a)

if there are both high voltage lines and a transformer owned by the electricity distributor on the property, the point of supply is the point at which electricity from the transformer enters exclusive fittings; or

(b)

if there are non-exclusive fittings on the property, the point of supply is the point at which those fittings become exclusive fittings; or

(c)

if the exclusive fittings on the property are owned by a consumer that is a tenant or licensee of the owner or occupier of the property, the point of supply is the point at which those exclusive fittings enter the area leased or licensed by the consumer; or

(d)

if there is specific agreement that any other point on the property is the point of supply, the point of supply is the agreed point;—

and, in this definition,—

exclusive fittings means fittings used or intended to be used for the purpose of supplying electricity exclusively to that property

high voltage lines means lines conveying electricity at a voltage of 1 000 volts or more

property

(a)

means the land within the boundary where the electricity is consumed:

(b)

includes the whole of the property, if the property is occupied wholly or partially by tenants or licensees of the owner or occupier:

(c)

includes the whole of any property that has been subdivided under the Unit Titles Act 2010

specific agreement may be an agreement—

(a)

entered into by—

(i)

the existing consumer; or

(ii)

any person with a greater interest in the property than the consumer (such as the consumer’s landlord); or

(iii)

any body corporate under the Unit Titles Act 2010 or the registered proprietor of the land to which the unit plan relates; and

(b)

entered into by the electricity distributor or the electricity retailer; and

(c)

entered into before or after the date on which this provision comes into force.

(4)

The new definition of point of supply in subsection (3)—

(a)

applies on and after the date on which the Electricity Amendment Act 2001 receives the Royal assent if—

(i)

an agreement exists between the electricity distributor and the consumer that the point of supply is already located at the point provided for in the new definition; and

(ii)

the consumer has not challenged the existence of that agreement before that date; and

(b)

is, in other cases, subject to the transitional provision in subsection (5).

(5)

The new definition of point of supply in subsection (3) does not apply in any other particular case until the electricity distributor has—

(a)

brought the fittings for which the consumer will become responsible as a result of the new definition to a reasonable standard of maintenance or repair, if those fittings are not at a reasonable standard at the time when this provision comes into force; and

(b)

notified the consumer in writing—

(i)

that the point of supply is as defined in accordance with the new definition; and

(ii)

the location of that point of supply; and

(iii)

the effect of the change to the point of supply; and

(iv)

that the point of supply may not take effect under this Act unless any fittings for which the consumer will become responsible have been brought to a reasonable standard of maintenance and repair; and

(v)

the date on which the point of supply will change (which must be no less than 20 working days after the date of the notification).

Section 2(1) all practicable steps: repealed, on 4 April 2016, by section 232 of the Health and Safety at Work Act 2015 (2015 No 70).

Section 2(1) applicable minimum standards for registration: inserted, on 1 April 2010, by section 6(5) of the Electricity Amendment Act 2006 (2006 No 70).

Section 2(1) Commission: repealed, on 1 November 2010, by section 164(1) of the Electricity Industry Act 2010 (2010 No 116).

Section 2(1) Commission’s board or board: repealed, on 1 November 2010, by section 164(1) of the Electricity Industry Act 2010 (2010 No 116).

Section 2(1) Committee: repealed, on 1 April 2010, by section 6(4) of the Electricity Amendment Act 2006 (2006 No 70).

Section 2(1) community trust: repealed, on 1 November 2010, by section 164(1) of the Electricity Industry Act 2010 (2010 No 116).

Section 2(1) condition: inserted, on 1 April 2010, by section 6(5) of the Electricity Amendment Act 2006 (2006 No 70).

Section 2(1) consumer paragraph (b): amended, on 14 October 2008, by section 29(2)(a) of the Commerce Amendment Act 2008 (2008 No 70).

Section 2(1) consumer paragraph (b): amended, on 14 October 2008, by section 29(2)(b) of the Commerce Amendment Act 2008 (2008 No 70).

Section 2(1) corporation: replaced, on 30 June 2012, by section 11 of the Public Finance (Mixed Ownership Model) Amendment Act 2012 (2012 No 45).

Section 2(1) Council: repealed, on 1 November 2010, by section 164(1) of the Electricity Industry Act 2010 (2010 No 116).

Section 2(1) customer trust: repealed, on 1 November 2010, by section 164(1) of the Electricity Industry Act 2010 (2010 No 116).

Section 2(1) domestic consumer: repealed, on 1 November 2010, by section 164(1) of the Electricity Industry Act 2010 (2010 No 116).

Section 2(1) domestic premises: repealed, on 1 November 2010, by section 164(1) of the Electricity Industry Act 2010 (2010 No 116).

Section 2(1) EGB: repealed, on 18 October 2004, by section 4(1) of the Electricity Amendment Act 2004 (2004 No 80).

Section 2(1) EGB’s board or board: repealed, on 18 October 2004, by section 4(1) of the Electricity Amendment Act 2004 (2004 No 80).

Section 2(1) electrical installation: substituted, on 1 November 2010, by section 162(1) of the Electricity Industry Act 2010 (2010 No 116).

Section 2(1) electricity generator: inserted, on 8 August 2001, by section 7(2) of the Electricity Amendment Act 2001 (2001 No 40).

Section 2(1) electricity governance organisation: repealed, on 18 October 2004, by section 4(1) of the Electricity Amendment Act 2004 (2004 No 80).

Section 2(1) electricity governance regulations: repealed, on 1 November 2010, by section 164(1) of the Electricity Industry Act 2010 (2010 No 116).

Section 2(1) electricity operator: substituted, on 14 May 1999, by section 100 of the Electricity Industry Reform Act 1998 (1998 No 88).

Section 2(1) electricity operator paragraph (b): amended, on 22 October 2003, by section 3 of the Electricity Amendment Act 2003 (2003 No 72).

Section 2(1) employer licence: substituted, on 1 April 2010, by section 6(5) of the Electricity Amendment Act 2006 (2006 No 70).

Section 2(1) fire brigade: repealed, on 1 July 2017, by section 197 of the Fire and Emergency New Zealand Act 2017 (2017 No 17).

Section 2(1) GPS objectives and outcomes: repealed, on 1 November 2010, by section 164(1) of the Electricity Industry Act 2010 (2010 No 116).

Section 2(1) industry participant: repealed, on 1 November 2010, by section 164(1) of the Electricity Industry Act 2010 (2010 No 116).

Section 2(1) infringement fee: inserted, on 1 April 2010, by section 6(5) of the Electricity Amendment Act 2006 (2006 No 70).

Section 2(1) infringement notice: inserted, on 1 April 2010, by section 6(5) of the Electricity Amendment Act 2006 (2006 No 70).

Section 2(1) infringement offence: inserted, on 1 April 2010, by section 6(5) of the Electricity Amendment Act 2006 (2006 No 70).

Section 2(1) investigator: inserted, on 1 April 2010, by section 6(5) of the Electricity Amendment Act 2006 (2006 No 70).

Section 2(1) level crossing: substituted, on 20 July 2005, by section 103(3) of the Railways Act 2005 (2005 No 37).

Section 2(1) lines: inserted, on 18 October 2004, by section 4(2) of the Electricity Amendment Act 2004 (2004 No 80).

Section 2(1) local authority: substituted, on 1 July 2003, by section 262 of the Local Government Act 2002 (2002 No 84).

Section 2(1) Minister: replaced, on 4 April 2016, by section 232 of the Health and Safety at Work Act 2015 (2015 No 70).

Section 2(1) Ministry: replaced, on 16 December 2013, by section 22 of the WorkSafe New Zealand Act 2013 (2013 No 94).

Section 2(1) national grid: repealed, on 1 November 2010, by section 164(1) of the Electricity Industry Act 2010 (2010 No 116).

Section 2(1) official standard paragraph (a): amended, on 1 March 2016, by section 45(1) of the Standards and Accreditation Act 2015 (2015 No 91).

Section 2(1) performance standards: repealed, on 1 November 2010, by section 164(1) of the Electricity Industry Act 2010 (2010 No 116).

Section 2(1) place: inserted, on 1 April 2010, by section 6(5) of the Electricity Amendment Act 2006 (2006 No 70).

Section 2(1) Plumbers, Gasfitters, and Drainlayers Board: inserted, on 1 April 2010, by section 6(5) of the Electricity Amendment Act 2006 (2006 No 70).

Section 2(1) point of supply: substituted, on 8 August 2001, by section 7(1) of the Electricity Amendment Act 2001 (2001 No 40).

Section 2(1) practising licence: inserted, on 1 April 2010, by section 6(5) of the Electricity Amendment Act 2006 (2006 No 70).

Section 2(1) prescribed electrical work paragraph (a): amended, on 1 April 2010, by section 6(6) of the Electricity Amendment Act 2006 (2006 No 70).

Section 2(1) prescribed electrical work paragraph (d): amended, on 1 April 2010, by section 6(6) of the Electricity Amendment Act 2006 (2006 No 70).

Section 2(1) prescribed electrical work paragraph (e): added, on 1 April 2010, by section 6(7) of the Electricity Amendment Act 2006 (2006 No 70).

Section 2(1) provisional licence: substituted, on 1 April 2010, by section 6(5) of the Electricity Amendment Act 2006 (2006 No 70).

Section 2(1) publicise: repealed, on 1 November 2010, by section 164(1) of the Electricity Industry Act 2010 (2010 No 116).

Section 2(1) qualified engineer: repealed, on 1 April 2010, by section 6(4) of the Electricity Amendment Act 2006 (2006 No 70).

Section 2(1) qualifying experience: repealed, on 1 April 2010, by section 6(4) of the Electricity Amendment Act 2006 (2006 No 70).

Section 2(1) reasonably practicable: inserted, on 4 April 2016, by section 232 of the Health and Safety at Work Act 2015 (2015 No 70).

Section 2(1) recognised certificate: repealed, on 1 April 2010, by section 6(4) of the Electricity Amendment Act 2006 (2006 No 70).

Section 2(1) register: substituted, on 1 April 2010, by section 6(5) of the Electricity Amendment Act 2006 (2006 No 70).

Section 2(1) registered: repealed, on 1 April 2010, by section 6(4) of the Electricity Amendment Act 2006 (2006 No 70).

Section 2(1) registered person: substituted, on 1 April 2010, by section 6(5) of the Electricity Amendment Act 2006 (2006 No 70).

Section 2(1) report date: repealed, on 1 November 2010, by section 164(1) of the Electricity Industry Act 2010 (2010 No 116).

Section 2(1) reporting period: repealed, on 1 November 2010, by section 164(1) of the Electricity Industry Act 2010 (2010 No 116).

Section 2(1) reserve energy: repealed, on 1 November 2010, by section 164(1) of the Electricity Industry Act 2010 (2010 No 116).

Section 2(1) road: amended, on 1 August 2008, by section 50(1) of the Land Transport Management Amendment Act 2008 (2008 No 47).

Section 2(1) road: amended, on 28 July 1997, by section 2(2) of the Electricity Amendment Act 1997 (1997 No 42).

Section 2(1) road paragraph (a): substituted, on 28 July 1997, by section 2(3) of the Electricity Amendment Act 1997 (1997 No 42).

Section 2(1) road paragraph (b): amended, on 1 August 2008, by section 50(1) of the Land Transport Management Amendment Act 2008 (2008 No 47).

Section 2(1) road paragraph (c): amended, on 1 July 1993, pursuant to section 362(2) of Te Ture Whenua Maori Act 1993 (1993 No 4).

Section 2(1) rules and electricity governance rules: repealed, on 1 November 2010, by section 164(1) of the Electricity Industry Act 2010 (2010 No 116).

Section 2(1) Rulings Panel: repealed, on 1 November 2010, by section 164(1) of the Electricity Industry Act 2010 (2010 No 116).

Section 2(1) Secretary: replaced, on 16 December 2013, by section 22 of the WorkSafe New Zealand Act 2013 (2013 No 94).

Section 2(1) serious harm: inserted, on 5 December 2006, by section 6(1) of the Electricity Amendment Act 2006 (2006 No 70).

Section 2(1) serious harm paragraph (c): replaced, on 4 April 2016, by section 232 of the Health and Safety at Work Act 2015 (2015 No 70).

Section 2(1) subsidiary: repealed, on 28 September 1993, by section 2(1) of the Electricity Amendment Act 1993 (1993 No 143).

Section 2(1) supervision: amended, on 1 April 2010, by section 6(8) of the Electricity Amendment Act 2006 (2006 No 70).

Section 2(1) supervisor of electrical work: repealed, on 1 April 2010, by section 6(4) of the Electricity Amendment Act 2006 (2006 No 70).

Section 2(1) telecommunications line: amended, on 20 December 2001, by section 158 of the Telecommunications Act 2001 (2001 No 103).

Section 2(1) tradesperson: repealed, on 1 April 2010, by section 6(4) of the Electricity Amendment Act 2006 (2006 No 70).

Section 2(1) trainee: repealed, on 1 April 2010, by section 6(4) of the Electricity Amendment Act 2006 (2006 No 70).

Section 2(1) Transpower: repealed, on 1 November 2010, by section 164(1) of the Electricity Industry Act 2010 (2010 No 116).

Section 2(1) vehicle: amended, on 1 March 1999, by section 215(1) of the Land Transport Act 1998 (1998 No 110).

Section 2(1) working day paragraph (ab): inserted, on 1 January 2014, by section 8 of the Holidays (Full Recognition of Waitangi Day and ANZAC Day) Amendment Act 2013 (2013 No 19).

Section 2(1) works paragraph (b): substituted, on 1 November 2010, by section 162(2) of the Electricity Industry Act 2010 (2010 No 116).

Section 2(1) WorkSafe: inserted, on 16 December 2013, by section 22 of the WorkSafe New Zealand Act 2013 (2013 No 94).

Section 2(2): repealed, on 1 April 2010, by section 6(9) of the Electricity Amendment Act 2006 (2006 No 70).

Section 2(3): substituted, on 8 August 2001, by section 7(3) of the Electricity Amendment Act 2001 (2001 No 40).

Section 2(3) property paragraph (c): amended, on 20 June 2011, by section 233(1) of the Unit Titles Act 2010 (2011 No 22).

Section 2(3) specific agreement paragraph (a)(iii): amended, on 20 June 2011, by section 233(1) of the Unit Titles Act 2010 (2011 No 22).

Section 2(4): added, on 8 August 2001, by section 7(3) of the Electricity Amendment Act 2001 (2001 No 40).

Section 2(5): added, on 8 August 2001, by section 7(3) of the Electricity Amendment Act 2001 (2001 No 40).