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Electricity Act 1992

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

23F: Disputes about land access

You could also call this:

“What to do if you disagree about access to land for electrical works”

If you have a disagreement about land access related to electrical works, you can take it to the Environment Court. This applies to disputes between land owners or occupiers and the owners of electrical works.

If you’re the one complaining, you need to give a copy of your complaint to the other person involved as soon as you can. The other person then has one month to send their reply to the Environment Court and to you.

The Environment Court will look into your complaint. They might hold a hearing, and if they do, they’ll let you know when and where it will be at least 15 working days before it happens.

The Environment Court can make a decision about your dispute, and both you and the other person have to follow what they say. They can also decide who should pay for the costs of sorting out the dispute.

You usually can’t appeal the Environment Court’s decision about your land access dispute.

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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=DLM282468.

Topics:
Housing and property > Land use Environment and resources > Climate and energy
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23E: Agreements preserved, or

"Existing agreements about electrical works on land stay in place"

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24: Construction or maintenance of works on roads, or

"Rules for electricity companies working on roads"

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

23FDisputes about land access

  1. The owner or occupier of land, or the owner of the works, may refer any dispute under sections 23 to 23E to the Environment Court.

  2. The objector must, as soon as practicable after making a written objection, serve a copy of the objection on the other party to the dispute.

  3. Within 1 month after receiving a copy of the objection or within any further period that the Environment Court allows, the other party to the dispute must send to the Environment Court and serve on the objector a reply to the objection containing matters that are appropriate having regard to the objection made and to any practice directions issued by the Environment Court.

  4. The Environment Court must inquire into the objection and, for that purpose, may conduct a hearing at any time and place it appoints.

  5. The Environment Court must give not less than 15 working days' notice of any time and place so appointed to the objector and to the other party to the dispute.

  6. The Environment Court has power to make a declaration as if the proceeding had been brought under sections 310 to 313 of the Resource Management Act 1991.

  7. The findings of the Environment Court are binding on the objector and the other party to the dispute.

  8. The Environment Court may award those costs that it considers just either in favour of or against either party.

  9. Subject to sections 299 to 308 of the Resource Management Act 1991, no appeal lies from any declaration of the Environment Court under this section.

Compare
Notes
  • Section 23F: inserted, on , by section 12 of the Electricity Amendment Act 2001 (2001 No 40).
  • Section 23F(6): amended, on , by section 6 of the Resource Management (Natural and Built Environment and Spatial Planning Repeal and Interim Fast-track Consenting) Act 2023 (2023 No 68).
  • Section 23F(9): amended, on , by section 6 of the Resource Management (Natural and Built Environment and Spatial Planning Repeal and Interim Fast-track Consenting) Act 2023 (2023 No 68).