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Electricity Act 1992

Repeals, etc, and transitional provisions - Transitional provisions

182: Transitional provisions relating to proceedings, etc

You could also call this:

“Rules for handling unfinished investigations and punishments from old electrical laws”

If you were involved in any investigations, inquiries, or disciplinary proceedings under the Electrical Registration Act 1979 or the Electric Linemen Act 1959 that started before this new law came into effect, those proceedings will continue as if the new law hadn’t been passed.

If you held a certificate as an electric lineman or were registered as an electrician before this new law, and you did something that could have got you in trouble under the old laws, you might still face disciplinary action under the new law. This is true even if no action was taken against you at the time.

If you are found guilty of misconduct under the new law for something you did before it came into effect, you can be punished. However, unless you agree, you can’t be given a punishment that’s harsher than what you could have received under the old law.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM284155.

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Part 16 Repeals, etc, and transitional provisions
Transitional provisions

182Transitional provisions relating to proceedings, etc

  1. All investigations, inquiries, and other proceedings of a disciplinary nature under the Electrical Registration Act 1979, and all appeals under section 43 or section 44 of that Act, that have been commenced before the commencement of this section and have not been completed before that date shall be continued and completed as if this Act had not been passed.

  2. All investigations, inquiries, and other proceedings of a disciplinary nature under the Electric Linemen Act 1959, and all appeals under section 21 of that Act, that have been commenced before the commencement of this section and have not been completed before that date shall be continued and completed as if this Act had not been passed.

  3. Where—

  4. before the commencement of this section,—
    1. any person (being the holder of a certificate of competency as an electric lineman under the Electric Linemen Act 1959) has engaged in conduct that would, in the opinion of the Board, have justified the taking of proceedings of a disciplinary nature under section 18A of that Act; or
      1. any person (being registered under the Electrical Registration Act 1979 or being the holder of a provisional licence issued under that Act or being a qualified engineer) has engaged in conduct that would, in the opinion of the Board, have justified the taking of proceedings of a disciplinary nature under section 29 or section 40 of that Act; and
      2. disciplinary proceedings could have been taken against that person under Part 11 if that conduct had been engaged in by that person after the commencement of this section; and
        1. no proceedings of a disciplinary nature have been taken against that person in respect of that conduct under the Electric Linemen Act 1959 or the Electrical Registration Act 1979,—
            1. the following provisions shall apply:
          1. disciplinary proceedings may be taken against that person under Part 11 as if that conduct had been engaged in by that person after the commencement of this section:
            1. if the person is found guilty of a disciplinary offence under Part 11 in respect of that conduct,—
              1. that person may be dealt with under this Act; but
                1. except with the consent of that person, neither the Board nor any court shall have power to make against that person, in respect of that conduct, any order in the nature of a penalty that could not have been made against that person at the time when that person engaged in that conduct.