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Electricity Act 1992

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

31: Rights of entry in respect of level crossings

You could also call this:

“Rules for electricity companies working on level crossings”

If a company that provides electricity wants to work on a level crossing to build or fix their equipment, they need to follow some rules. First, they should try to make an agreement with the people who own or use the crossing. If they can’t make an agreement after trying really hard, they can ask a special court for permission.

The company needs to tell the owners at least 10 working days before they ask the court. If the court thinks the work is needed and there’s no other good place to do it, they might say it’s okay. The court will write down exactly what the company can do, when they can do it, and if they need to pay anyone.

Before the company starts work, they need to show the court’s permission to the people who own or use the crossing. Anyone working for the company must carry proof of who they are and why they’re allowed to be there.

These rules are for electricity equipment that isn’t too big or powerful. If the equipment is very big or powerful, different rules apply. The rules don’t cover wires that hang high above the crossing, only things that are on or near the ground.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM282483.

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

31Rights of entry in respect of level crossings

  1. Where—

  2. an electricity operator wishes to enter upon any level crossing for the purpose of constructing or maintaining any works in, on, along, over, across, or under that level crossing; and
    1. after taking all reasonable steps to do so, the electricity operator has been unable to negotiate an agreement for entry,—
        1. the electricity operator may, upon giving the owner and occupier of the level crossing not less than 10 working days' notice of its intention to do so, apply to the District Court for an order under this section.

      1. On being satisfied that the construction or maintenance of any works is necessary for the purposes of distributing electricity, and that the electricity operator has taken all reasonable steps to negotiate an agreement for entry, and that, in relation to the construction of any works, no practical alternative route or site exists, the court may make an order authorising the electricity operator to—

      2. enter and re-enter the level crossing at reasonable times, with or without such assistants, aircraft, boats, vehicles, appliances, machinery, and equipment as are reasonably necessary for the construction or maintenance of any works:
        1. perform such work as may be reasonably necessary to construct or maintain any works.

          1. Every order under this section shall specify—

          2. how and when entry is to be made; and
            1. the specific powers intended to be exercised; and
              1. such other conditions (including conditions relating to the payment of compensation) as the court thinks fit to impose.

                1. Before exercising any powers authorised by an order made under this section, the electricity operator shall serve the order on the owner and occupier of the level crossing to which the order relates.

                2. Every officer, employee, or agent of an electricity operator acting in pursuance of an order made under this section shall have with him or her and shall produce on initial entry and, if requested, at any subsequent time, evidence of his or her authority and identity.

                3. This section does not apply to the construction or maintenance of works that are intended to convey, or are associated with, electricity at a voltage of more than 110 KV and a capacity of more than 100 MVA.

                4. In subsection (6), works means works located at or above ground level in, on, along, over, or across a level crossing, but does not include works suspended above a level crossing.

                Compare
                • 1987 No 116 s 11
                • 1988 No 164 s 13
                Notes
                • Section 31(1): amended, on , by section 261 of the District Court Act 2016 (2016 No 49).
                • Section 31(6): substituted, on , by section 4 of the Electricity Amendment Act 2005 (2005 No 88).
                • Section 31(7): added, on , by section 4 of the Electricity Amendment Act 2005 (2005 No 88).