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Electricity Act 1992

Miscellaneous provisions - General electricity matters - Offences

163C: Offences for actions or omissions likely to cause serious harm or significant property damage

You could also call this:

“You could get in trouble for doing or not doing things that might hurt people or break stuff”

This law explains what happens if you do something that could seriously hurt someone or damage property. You can get in trouble if you do something dangerous on purpose, or if you don’t do something you’re supposed to do to keep people safe.

If you know that what you’re doing might hurt someone or break something important, and it’s against the rules in this law, you could be punished. You need to try your best to stop the harm from happening.

You can also get in trouble if you don’t do something that you’re supposed to do according to this law, and you know that not doing it might hurt someone or damage property. Again, you need to do your best to prevent any harm.

If you break this law, you might have to go to jail for up to 2 years, or pay a fine. If you’re just one person, the fine could be up to $100,000. If you’re a company, it could be up to $500,000. You might even have to go to jail and pay a fine.

You only need to try and stop harm from happening in situations that you know about or should know about. You don’t have to worry about things you couldn’t have known about.

The police can charge you with breaking this law at any time, even if it happened a long time ago.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM2863981.

Topics:
Work and jobs > Workplace safety Crime and justice > Criminal law
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163B: Offence to breach requirement to have safety management system, or

"Breaking the law by not having a safety system if you make or supply electricity"

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163D: Other offences, or

"Things you can't do with electricity and what happens if you break the rules"

Part 14 Miscellaneous provisions
General electricity matters: Offences

163COffences for actions or omissions likely to cause serious harm or significant property damage

  1. Every person commits an offence if—

  2. the person takes an action knowing that the action is reasonably likely to cause serious harm to any person or significant property damage; and
    1. the action is contrary to a provision of this Act; and
      1. the person fails to prevent, so far as is reasonably practicable, the serious harm or significant property damage.

        1. Every person commits an offence if—

        2. the person fails to take an action knowing that the failure to take the action is reasonably likely to cause serious harm to any person or significant property damage; and
          1. the person is required by this Act to take the action; and
            1. the person fails to prevent, so far as is reasonably practicable, the serious harm or significant property damage.

              1. Every person who commits an offence under this section is liable on conviction to—

              2. imprisonment for a term of not more than 2 years; or
                1. a fine of not more than $100,000 in the case of an individual, or $500,000 in the case of a body corporate; or
                  1. both.

                    1. A person charged with an offence under this section may be convicted of an offence under any other section in this Act as if the person had been charged under that section.

                    2. To avoid doubt, a person required by this section to prevent, so far as is reasonably practicable, serious harm or significant property damage is required to take action only in respect of circumstances that the person knows, or ought reasonably to know, about.

                    3. Despite anything to the contrary in section 25 of the Criminal Procedure Act 2011 a charging document may be filed at any time in respect of an offence under this section.

                    Compare
                    Notes
                    • Section 163C: inserted, on , by section 22 of the Electricity Amendment Act 2006 (2006 No 70).
                    • Section 163C(1)(c): replaced, on , by section 232 of the Health and Safety at Work Act 2015 (2015 No 70).
                    • Section 163C(2)(c): replaced, on , by section 232 of the Health and Safety at Work Act 2015 (2015 No 70).
                    • Section 163C(3): amended, on , by section 413 of the Criminal Procedure Act 2011 (2011 No 81).
                    • Section 163C(5): replaced, on , by section 232 of the Health and Safety at Work Act 2015 (2015 No 70).
                    • Section 163C(6): inserted, on , by section 413 of the Criminal Procedure Act 2011 (2011 No 81).