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Public Works Act 1981

Railways and tramways regulation and inspection - Local railways and tramways

179: Notice of intended opening

You could also call this:

“Telling the government before opening a railway for people to use”

When someone wants to open a local railway or part of it for passengers to use, they need to follow some important steps:

You need to tell the Minister in writing that you plan to open the railway at least two months before you do it. You also need to tell the Minister when you think the railway will be ready and safe for passengers to use. This second notice must be given at least 30 days before the planned opening.

The Minister will send someone to check if the railway is safe. This person will give the Minister a certificate if they think it’s safe. The Minister will then tell you in writing that they have this certificate. You can only open the railway after you get this final notice from the Minister.

If you open the railway without following these steps, you’re breaking the law. You might have to pay a fine of up to $1,000 for each day the railway stays open without the proper notices and approval.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM47784.

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"The government picks someone to look at local train tracks and stations"

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Part 14 Railways and tramways regulation and inspection
Local railways and tramways

179Notice of intended opening

  1. A local railway or a portion of a local railway shall not be opened for the public conveyance of passengers—

  2. until 2 months after notice in writing of the intention of opening it has been given by its proprietors to the Minister; and
    1. until 30 days after notice in writing has been given by such proprietors to the Minister of the time when the railway or portion of railway will be in their opinion sufficiently completed for the safe conveyance of passengers and ready for inspection; and
      1. unless and until the Minister has given notice in writing to such proprietors that he has received from the person appointed under section 178 a certificate that the railway or the portion of it, as the case may be, is safe and fit for traffic.

        1. The proprietors of any local railway or portion of any local railway who open it or cause it to be opened without such notices having been duly given, commit an offence and shall be liable on conviction to a fine not exceeding $1,000 for every day or part of a day during which the railway or portion continues open until the said notices are duly given and the Minister has given his notice under subsection (1)(c) to the proprietors.

        Compare
        • 1928 No 21 s 245
        Notes
        • Section 179(2): amended, on , by section 413 of the Criminal Procedure Act 2011 (2011 No 81).