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Electricity Act 1992

Miscellaneous provisions - General electricity matters - Powers of entry

159: Conditions relating to power to enter land or premises

You could also call this:

“Rules for entering someone's property to work on electricity”

This law talks about when someone can enter land or buildings without the owner’s permission. You need to follow these rules when entering:

Only the person named in the law, or someone they allow in writing, can enter. You must give fair warning before you enter, unless that would stop you from doing what you need to do. You can only enter at sensible times.

You must carry a special document that shows you’re allowed to be there. If you’re going into someone’s house, you need a special warrant from an official.

These rules don’t apply if there’s likely danger to people or property, or if you need to keep the electricity running safely. You can still go onto the land to ask for permission to enter.

If you want to enter a restricted area in a defence area, you need special security clearance.

There are other laws that say how to get and use the warrant for entering houses.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM283336.

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Part 14 Miscellaneous provisions
General electricity matters: Powers of entry

159Conditions relating to power to enter land or premises

  1. Subject to subsections (2) and (3) and to sections 23A to 23E, 31, 83, and 147 to 147D, but notwithstanding any other provision of this Act, any provision in this Act or in any regulations made under section 169 giving any person the power to enter any land or premises without the consent of the owner or occupier shall be subject to the following conditions:

  2. entry to the land or premises shall only be made by the person specified in the relevant provision or any other person that the person so specified authorises in writing, either specifically or as a member of a class so authorised:
    1. reasonable notice of the intention to enter shall be given unless the giving of the notice would defeat the purpose of the entry:
      1. entry shall be made at reasonable times:
        1. the person entering shall carry a warrant of authority or be working under the immediate control of a person holding such authority, which shall be produced on initial entry and, if requested, at any subsequent time:
          1. entry into a dwellinghouse must be authorised by a warrant issued by an issuing officer (within the meaning of section 3 of the Search and Surveillance Act 2012) on an application made in the manner provided for an application for a search warrant in subpart 3 of Part 4 of the Search and Surveillance Act 2012.

            1. The conditions specified in subsection (1) shall not apply where the entry is necessary in circumstances of probable danger to life or property or where entry is necessary to maintain the continuity or safety of the supply and distribution of electricity.

            2. Nothing in this section shall restrict rights of access in order to obtain consent to enter the land or premises for the authorised purposes in respect of which entry is required.

            3. Notwithstanding any other provision of this Act, no provision in this Act or in any regulations made under section 169 giving any person the power to enter any land or premises without the consent of the owner or occupier shall authorise any person to enter or search any restricted area within a defence area (within the meaning of the Defence Act 1990) unless the person entering that area has a security clearance approved by the person in charge of the area.

            4. Subparts 1, 3, 5, 7, 9, and 10 of Part 4 of the Search and Surveillance Act 2012 apply in respect of an application for, and issue of, a warrant under subsection (1)(e).

            Compare
            • 1968 No 125 s 15A
            • 1983 No 123 s 4
            • 1987 No 111 s 5
            Notes
            • Section 159(1): amended, on , by section 21 of the Electricity Amendment Act 2006 (2006 No 70).
            • Section 159(1): amended, on , by section 11(2) of the Electricity Amendment Act 2001 (2001 No 40).
            • Section 159(1)(e): replaced, on , by section 315(2) of the Search and Surveillance Act 2012 (2012 No 24).
            • Section 159(5): inserted, on , by section 315(3) of the Search and Surveillance Act 2012 (2012 No 24).