Plain language law

New Zealand law explained for everyone

Electricity Act 1992

Powers and duties of electricity operators and other owners of electrical works

23: Rights of entry in respect of existing works

You could also call this:

“You can go onto land to check or fix electrical equipment that's already there”

You have the right to enter land to access existing electrical works. This means you can go onto property to inspect, maintain, or operate these works. If the works weren’t finished before certain dates, you can also enter to complete them.

If someone owns existing works, they can prove when these were built by showing a signed certificate. This certificate is accepted as proof in court unless someone can show it’s wrong.

When we talk about maintenance, we mean fixing things and doing activities that keep the works running. It also includes replacing or upgrading the works, as long as it doesn’t harm the land.

There are more rules about entering land to use existing works for putting in fibre optic cables for telecommunications. You can find these rules in the Telecommunications Act 2001.

This text is automatically generated. It might be out of date or be missing some parts. Find out more about how we do this.

This page was last updated on

View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM282455.

Topics:
Work and jobs > Workplace safety Business > Industry rules Environment and resources > Climate and energy
Previous

22A: Owners of land not responsible for maintenance, or

"Landowners don't have to look after power lines on their property"

Next

23A: Line owner must give written notice of intention to maintain or complete existing works, or

"Power company needs to tell you before fixing or finishing electrical work on your property"

Part 3 Powers and duties of electricity operators and other owners of electrical works

23Rights of entry in respect of existing works

  1. Any person that owns any existing works may enter upon land for the purpose of gaining access to those works and may perform any act or operation necessary for the purpose of—

  2. inspecting, maintaining, or operating the works:
    1. in the case of works the construction of which had not been completed before 1 January 1988 (in the case of works owned by the Corporation) or before 1 January 1993 (in the case of works owned by any other electricity operator), completing the works.

      1. A certificate signed by the owner of any existing works containing a statement that any specified works were constructed (in whole or in part) before 1 January 1988 (in relation to works owned by the Corporation) or before 1 January 1993 (in the case of works owned by any other person) under the authority of the Electricity Act 1968 (or any Act repealed by that Act) or the Electric Power Boards Act 1925 or the Local Government Act 1974 or the Public Works Act 1981 or any local or private Act shall be admissible in evidence in any proceedings and shall, in the absence of proof to the contrary, constitute proof of that statement.

      2. In this section, maintenance includes—

      3. any repairs and any other activities for the purpose of maintaining, or that have the effect of maintaining, existing works; and
        1. the carrying out of any replacement or upgrade of existing works as long as the land will not be injuriously affected as a result of the replacement or upgrade.

          1. Further rights of entry, which concern the use of existing works to deploy and use fibre optic cable for telecommunications purposes, are provided for in the Telecommunications Act 2001 (see sections 155ZR to 155ZZH of that Act).

          Compare
          • 1987 No 116 s 12
          • 1988 No 164 s 14
          Notes
          • Section 23(3): added, on , by section 10(1) of the Electricity Amendment Act 2001 (2001 No 40).
          • Section 23(4): inserted, on , by section 19(2) of the Telecommunications (Property Access and Other Matters) Amendment Act 2017 (2017 No 16).