Electricity Act 1992

Miscellaneous provisions relating to supply of electricity

57: Compensation for damage

You could also call this:

“Getting paid if electrical work hurts your land”

If someone’s land or property is negatively affected by the powers given to WorkSafe, an electricity operator, or any other owner of existing works in Parts 2 or 3 of this Act, they have the right to full compensation for any loss, injury, or damage they suffer.

If you and the other party can’t agree on the compensation, you need to make a claim. You must do this within a certain time and in a specific way, as set out in the Public Works Act 1981. The rules in that Act will be used to decide on your claim, with some changes to make them fit this situation.

Even if someone has made a claim for compensation that hasn’t been decided yet, this doesn’t stop, slow down, or delay WorkSafe from using any of its powers under this Act. This is true no matter what other laws or legal rules might say.

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Part 6 Miscellaneous provisions relating to supply of electricity

57Compensation for damage

  1. Every person having any right, title, estate, or interest in any land or property injuriously affected by the exercise from time to time of any powers conferred by Part 2 or Part 3 on WorkSafe or an electricity operator or any other owner of existing works shall be entitled to full compensation for all loss, injury, or damage suffered by that person.

  2. In default of agreement between the parties, claims for compensation under this section shall be made and determined within the time and in the manner provided by the Public Works Act 1981, and the provisions of that Act shall, as far as they are applicable and with all necessary modifications, apply with respect to claims under this section.

  3. Notwithstanding the provisions of any enactment or any rule of law, the exercise of any power conferred by this Act on WorkSafe shall not be curtailed, suspended, or delayed by reason of the fact that any claim for compensation under this section has been made but not determined.

Compare
  • 1968 No 125 s 16
Notes
  • Section 57(1): amended, on , by section 22 of the WorkSafe New Zealand Act 2013 (2013 No 94).
  • Section 57(3): amended, on , by section 22 of the WorkSafe New Zealand Act 2013 (2013 No 94).