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Acts
Electricity Act 1992
Miscellaneous provisions
Electricity industry regulation-making powers
Appeals
172KN: High Court may refer appeals back to Commission or Rulings Panel for reconsideration

1Short Title and commencement 1APurposes

Part 1:
Preliminary provisions

Part 2:
General

Electricity operators

4Declaration of electricity distributors as electricity operators 4ADeclaration of electricity generators as electricity operators

Functions and powers of WorkSafe and Secretary

5Functions of WorkSafe 5AFunctions of Secretary 5BWorkSafe and Secretary must share information 6Inspection of works, etc 7Report to be compiled on inspection 8Special powers of WorkSafe 9Objections to WorkSafe's requirements 10Effect of notice or requirement pending hearing 11Procedure on hearing of objection 12Appeal on question of law 13WorkSafe may require immediate compliance 14Appeal against decision on application for injunction 15Assessors 16Notification of accidents 16ATransfer of accident information 17Interference with scene of accident 18Inquiries into accidents 19Assistance to WorkSafe 20Obstructing WorkSafe 21Privilege against self-incrimination

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

22Protection of existing works 22AOwners of land not responsible for maintenance 23Rights of entry in respect of existing works 23ALine owner must give written notice of intention to maintain or complete existing works 23BLine owner must give notice of intention to inspect or operate existing works 23CNotice in emergencies 23DLand owner may set reasonable conditions on line owner's entry 23EAgreements preserved 23FDisputes about land access 24Construction or maintenance of works on roads 24ACriteria for setting reasonable conditions 25Notice to be given before work undertaken 26Offence 27Appeals in relation to conditions imposed 28Determination of appeals 29Appeal on question of law 30Charging for access to road reserve 31Rights of entry in respect of level crossings 32Local authority, etc, may require works to be moved 33Cost of work required under section 32 34Government Roading Powers Act 1989 not to apply 35Owners and occupiers of private land may move works

Part 4:
Electrical codes of practice

36Issue of electrical code of practice 37Code may incorporate official standards by reference 38Code to be approved by Minister 39Availability of codes 40Emergency amendment of code 41Citation of code 42Proof of code 43Codes promulgated under Electricity Act 1968 43ADifferent Ministries responsible for different codes

Part 5:
Rural electrical reticulation

44Rural Electrical Reticulation Council 45Functions of Council 46Council to comply with government policies 47Further provisions applying to Council 48Levies 49Interest on levies 50Application of levies 51Transitional provision relating to subsidies 52Transitional provision relating to membership of Council 53Council to wind up operations before dissolution 54Dissolution of Council 55Expiration of provisions relating to Council 56Consequential amendment to Official Information Act 1982

Part 6:
Miscellaneous provisions relating to supply of electricity

57Compensation for damage 58Compensation for trees and vegetation removed 59Returns relating to construction of works, etc 60Standards for electricity supply 61Safety requirements 61AElectricity generators and electricity distributors must have safety management systems 62Continuance of supply

Part 6A:
Restriction on new fossil-fuelled thermal electricity generating capacity

Part 7:
Price restraint

63Regulations relating to price of electricity 64Definition of domestic premises 65Offences 66Other Acts relating to price control not affected 67Expiry of this Part

Part 8:
Licensing of electricity suppliers

68Definition of consumer for purposes of this Part 69Licence to supply electricity 70Offence 71Supply of electricity to consumers outside supply area 72Duty to supply 73Expiry of this Part

Part 9:
Restrictions on electrical work

74Restrictions on doing or assisting with prescribed electrical work

Exemptions

75Board may exempt person or class of persons from section 74 76Exemption for work done under supervision 77Exemption for trainees 78Board may issue limited certificate for purposes of section 77 79Exemption for domestic electrical wiring work 80Exemption for maintenance of domestic appliances

Board may cancel application of exemption

81Board may cancel application of exemption to any person

Testing, certification, and inspection

82Testing, certification, and inspection 83Power of entry

Part 10:
Registration and licensing of electrical workers and employer licences

Electrical worker registration and licensing

Classes of registration

84Classes of registration may be designated by Board 85Board may prescribe other registration and licensing matters 86Minimum standards for registration 87Principles guiding prescribing of registration and licensing matters 88Board must consult before making notices 89Notices made under sections 84 and 85 must be approved by Minister 90Other provisions relating to notices under sections 84 and 85

How to become registered

91Entitlement to registration 92Applications for registration 93Board may issue provisional licence pending consideration of application 94Duration of provisional licence 95Board to consider application 96Board to register applicant or decline application 97Registration subject to terms and conditions

How to become licensed

98Practising licence required 99Entitlement to practising licence 100Applications for practising licence 101Board to consider application 102Board to issue practising licence or decline application 103Practising licence subject to terms and conditions

Duration and renewal of practising licence

104Duration of practising licence 105Applications for renewal of practising licence 106Renewal of practising licence

Exemptions from registration and practising licence requirements and conditions

107Board may grant exemptions from registration and practising licence requirements and conditions

Competence

108Competence programmes 109Unsatisfactory results of competence programme

Cancellation and suspension

110Cancellation and suspension generally 111Effect of suspension 112Board may cancel registration or licence if obtained wrongfully 113Cancellation or suspension of overseas qualification, certificate, registration, or licence

Miscellaneous provision

114Board may delegate power to Plumbers, Gasfitters, and Drainlayers Board to act under this subpart

Employer licences

115Employer licence 116Requirements treated as satisfied if person obtains certification from approved person 117Prescribed electrical work may be done under employer licence 118Duration of employer licence 119Renewal of employer licence 120Cancellation, suspension, and other actions in relation to employer licences 121Board must give employer licence holder reasonable opportunity to be heard 122Miscellaneous provisions concerning actions under section 120 123Powers of inspection

Register of electrical workers

124Register of electrical workers 125Registrar must enter matters in register 126Purpose of register 127Form of register 128Matters to be contained in register 129Historical registration and licence information and documentation to be included in register 130Duty to notify change of address 131Duty to notify change of name 132Revision of register 133Restoration of registration or licence 134Board may direct Registrar to record cancellation, suspension, or order 135Alterations to register 136Register to be public 137Restricting public access to information and documents on register 138Search of register 139Search criteria 140Search purposes 141When search constitutes interference with privacy of individual

Part 11:
Disciplinary provisions

Preliminary provisions

142Persons to whom this Part applies 143Disciplinary offence

Complaints

144Complaints

Investigations

145Secretary must appoint investigator 146Investigation of complaint 147Investigator's powers 147ASecretary must supply warrant of authority 147BDuties of investigator supplied with warrant of authority 147CRestriction on entry to dwellinghouse 147DInvestigator must give notice to occupier of dwellinghouse 147ENotices to supply information or documents 147FOffence to fail to comply with notice to supply information or document

Consideration of complaint by Board

147GBoard must hold hearing if investigator reports that complaint should be considered by Board 147HNotice of disciplinary proceedings

Interim suspension or disqualification

147IInterim suspension or disqualification 147JForm of interim suspension or disqualification order 147KRevocation of interim suspension or disqualification 147LBoard must take reasonable steps to hold hearing as soon as practicable if it makes interim suspension or disqualification order

Exercise of disciplinary powers

147MDisciplinary powers of Board 147NCosts and expenses 147OEnforcement of fines, costs, and expenses 147PSuspension, restriction, or disqualification may take effect immediately 147QEffect of disqualification 147RConsequences of failure to comply with order to pass examination, complete competence programme, or attend course of instruction

Procedure and miscellaneous matters

147SRight to appear and be heard 147TInvestigator to prosecute matter 147UAppointment of legal advisor to assist Board 147VAppointment of persons to assist investigator 147WEvidence 147XBoard to have powers of commission of inquiry 147YOrders to be in writing 147ZPublication of orders

Part 12:
Appeals

147ZAAppeals 147ZBTime for lodging appeal 147ZCProcedure on appeal 147ZDCourt may refer appeals back for reconsideration 147ZECosts 147ZFPower of court to prohibit publication of person's name or affairs 147ZGDecision to continue in force pending appeal 147ZHAppeal on question of law

Part 13:
Administration

Electrical Workers Registration Board

148Electrical Workers Registration Board 149Functions of Board 150Membership 151Registrar 152Power of Board to delegate to Registrar 152APower of Registrar to delegate 153Meetings to be held in public

Complaints Assessment Committees

154Complaints Assessment Committees 155Secretary to maintain list

General provisions

156Rules of natural justice to be observed 156APower to amend or revoke 156BNotice and service of documents by Board, member, Registrar, or investigator 157Further provisions applying to Board 158Review of operation of Act

Part 14:
Miscellaneous provisions

General electricity matters

Financial statements of customer and community trusts

158ACommunity and customer trusts to prepare audited financial statements 158BPublication of audited financial statements 158CAuditor of trusts 158DProcedures for annual meeting to appoint auditor 158EAuditor-General to be auditor if no other auditor appointed 158FApplication of sections 158A to 158E

Complaints resolution system

158GComplaints resolution system

Powers of entry

159Conditions relating to power to enter land or premises

Offences

160False declarations and representations 161Unlicensed or unregistered person must not claim to be licensed or registered 162Offence to engage in prescribed electrical work in breach of section 74 163Offence to employ person to engage in prescribed electrical work in breach of section 74 163AOffence to fail to comply with condition of employer licence 163BOffence to breach requirement to have safety management system 163COffences for actions or omissions likely to cause serious harm or significant property damage 163DOther offences 164Directors and officers of bodies corporate 165Time for filing charging document

Infringement offences

165AInfringement offences 165BInfringement notices 165CProcedural requirements for infringement notices 165DPayment of infringement fee 165EEffect of infringement notice

Miscellaneous provisions

166Payment of fees 167Certificate by Registrar to be evidence of various matters 168Notices in relation to Maori land

Regulations—General

169Regulations 169ARegulations that prescribe requirements for safety management systems 169BMiscellaneous provisions relating to regulations that prescribe requirements for safety management systems

Electricity safety instruments

169CMinister may approve electricity safety instruments 169DLegal effect of electricity safety instruments 169EMinister may delegate approval of electricity safety instruments to WorkSafe

Regulations—Information disclosure

170Regulations relating to information disclosure

Regulations—Consumer choice of electricity retailer

170ARegulations relating to ability of consumers to choose preferred electricity retailer 171Information to be supplied to Secretary 171AReasonable charge may be imposed for providing copies of statements 172Offences

Electricity industry regulation-making powers

172AOutline of subpart

Regulations—Low fixed charge tariff option for domestic consumers

172BLow fixed charge tariff option for domestic consumers

Regulations—Code on access for beneficiaries of community and customer trusts

172CRegulations for code on access for beneficiaries of customer and community trusts

Regulations—Reserve energy

172CAReserve energy

Electricity governance regulations

172DElectricity governance regulations 172EConditions and process for recommendations on electricity governance regulations 172FAssessment of proposed electricity governance regulations 172GProcess for recommendations on other electricity governance regulations 172HElectricity governance rules 172IMethod of making electricity governance rules

Supplementary provisions

172JSupplementary empowering provision for regulations and rules 172KSupplementary empowering provision for regulations

Provisions that apply if electricity governance regulations or rules are in force

172KATransmission agreements 172KBParty must co-operate with investigations 172KCPrivileges protected 172KDLimits on investigation powers 172KERulings Panel may make certain orders 172KFRestriction of remedies 172KGLimit on tort claims against service providers

Appeals

172KHAppeals on ground of lack of jurisdiction 172KIJudicial review not precluded 172KJAppeals on question of law in relation to decisions by Commission or Rulings Panel 172KKRight of appeal against suspension or termination orders 172KLPersons entitled to appeal 172KMDetermination of appeals 172KNHigh Court may refer appeals back to Commission or Rulings Panel for reconsideration 172KOProvisions pending determination of appeal 172KPHigh Court may order proceedings be heard in private 172KQAppeal to Court of Appeal in certain cases

Part 15:
Governance of electricity industry

Preliminary provisions

172LPurpose

Electricity Governance Board

172MContinuation of Commission 172NPrincipal objectives and specific outcomes 172OFunctions of Commission 172PBody corporate status and powers 172QRole of board of the Commission 172RMembership of the Commission's board

Duties of members

172SDuties of members 172TCollective duties of the Commission's board 172UMembers accountable to Minister 172VNotice of special meetings of Commission's board

Role of the Commission in relation to electricity governance regulations and rules

172WEGB to make recommendations concerning electricity governance regulations and rules 172XObjectives of recommendations 172YObligation to consult 172ZMinister must have regard to recommendations

Power to direct EGB

172ZAPower to direct EGB 172ZBProcedure for giving direction

Levy of industry participants

172ZCLevy of industry participants 172ZCACommission must consult about request for appropriation

Miscellaneous

172ZDAccountability of the Commission 172ZERegulations 172ZFThe Commission is public authority 172ZGAmendment to Ombudsmen Act 1975 172ZHAmendment to Public Finance Act 1989

Accountability of Electricity Commission

172ZIApplication of subpart 172ZJInterpretation 172ZKSetting of GPS objectives and outcomes 172ZLAnnual performance standards 172ZMAdditional information to be included in annual report 172ZNMinister must present annual performance report to House of Representatives 172ZOAssurance audit by Auditor-General 172ZPReport by Parliamentary Commissioner for Environment 172ZQFunctions under this subpart

Miscellaneous provisions

172ZRSpecific authorisation for purposes of restrictive trade practices rules

Part 16:
Repeals, etc, and transitional provisions

Repeals, revocations, amendments, and savings

173Repeals, revocations, and consequential amendments 174Regulations deemed to have been made under this Act 175Savings 176Application of Clutha Development (Clyde Dam) Empowering Act 1982 177Middle line Proclamation relating to Hairini-Mount Maunganui transmission line

Amendment to Electricity Act 1968

178Rights of entry for energy companies

Amendment to Electrical Registration Act 1979

179Certificate of compliance where prescribed electrical work covered by building consent

Transitional provisions

180Transitional provision relating to electricity agreements 181Electricity distributors to ensure provision of inspection services 182Transitional provisions relating to proceedings, etc

Schedule 1:
Provisions applying in respect of Rural Electrical Reticulation Council

Schedule 2:
Provisions applying in respect of Electrical Workers Registration Board

Schedule 2A:
Further provisions for the Commission and the Commission's Board

Schedule 3:
Enactments repealed

Schedule 4:
Enactments amended

Schedule 5:
Regulations and orders revoked

Schedule 6:
Regulations deemed to have been made pursuant to section 169

Electricity Act 1992

Miscellaneous provisions - Electricity industry regulation-making powers - Appeals

172KN: High Court may refer appeals back to Commission or Rulings Panel for reconsideration

You could also call this:

"Court could ask decision-makers to reconsider appeals, but this rule no longer exists"

The High Court used to be able to send appeals back to the Commission or Rulings Panel to look at again. This means that if someone didn't agree with a decision and took it to the High Court, the court could ask the original decision-makers to think about it one more time. However, this rule doesn't exist anymore. It was removed on 1 November 2010 by a new law called the Electricity Industry Act 2010.

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This page was last updated on 8 April 2025

View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM283788.

Topics:

Crime and justice > Courts and legal help

172KM: Determination of appeals, or

"How the court used to decide complaints about electricity rules"

172KO: Provisions pending determination of appeal, or

"Rules for waiting for appeal decisions (no longer used)"

Part 14Miscellaneous provisions
Electricity industry regulation-making powers: Appeals

172KNHigh Court may refer appeals back to Commission or Rulings Panel for reconsideration (Repealed)

Notes

Section 172KN: repealed, on 1 November 2010, by section 164(5) of the Electricity Industry Act 2010 (2010 No 116).