Part 3 Powers and duties of electricity operators and other owners of electrical works
24ACriteria for setting reasonable conditions
In setting, varying, or revoking reasonable conditions under section 24(2), the local authority or other body or person having jurisdiction over the road concerned may consider all or any of the following matters:
- the safe and efficient flow of traffic (whether pedestrian or vehicular):
- the health and safety of any person who is, or class of persons who are, likely to be directly affected by the work on the road:
- the need to lessen the damage that is likely to be caused to property (including structural integrity of the roads) as a result of work on the road:
- the compensation that may be payable under section 57 for property that is likely to be damaged as a result of work on the road:
- the need to lessen disruption to the local community (including businesses):
- the co-ordination of installation of other networks:
- the co-ordination with road construction work by the local authority or other body or person who has jurisdiction over that road:
- the need of the electricity operator to establish an electricity network in a timely manner.
Nothing in subsection (1) limits a local authority's or other body's or person's ability to impose reasonable conditions under section 24(2).
However, a condition requiring a network operator to increase amenity values (rather than to merely maintain them) must not be imposed unless the work to be done is in an area identified in a district plan as an area in relation to which, under the district plan, there are particular considerations, or rules or requirements, relating to amenity values.
If the cost to the network operator of complying with a condition referred to in subsection (3) is higher than it would have been if there were not a requirement to increase amenity values, then the person imposing the condition must pay that increase in cost.
In subsection (3), a reference to a district plan includes a reference to a development plan under the Urban Development Act 2020.
Compare
- 2001 No 103 s 119
Notes
- Section 24A: inserted, on , by section 15 of the Infrastructure (Amendments Relating to Utilities Access) Act 2010 (2010 No 99).
- Section 24A(3): amended, on , by section 6 of the Resource Management (Natural and Built Environment and Spatial Planning Repeal and Interim Fast-track Consenting) Act 2023 (2023 No 68).
- Section 24A(5): inserted, on , by section 300 of the Urban Development Act 2020 (2020 No 42).
- Section 24A(5): amended, on , by section 6 of the Resource Management (Natural and Built Environment and Spatial Planning Repeal and Interim Fast-track Consenting) Act 2023 (2023 No 68).