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Public Works Act 1981

General provisions

237: Excavations near public works

You could also call this:

“Rules for digging safely near electric poles, towers, and other public structures”

You need to be careful when digging or working near public works like electric poles, towers, or other structures. Here’s what you need to know:

For electric poles, you can’t dig within 2 metres of the pole without permission. Between 2 and 5 metres from the pole, you can’t dig deeper than 750 millimetres without permission.

For towers or pylons that support electric lines, telecommunications, or aerial ropeways, you can’t dig within 6 metres of their visible foundations without permission. Between 6 and 12 metres from the foundations, you can’t dig deeper than 3 metres without permission.

For any other public work, you can’t dig or interfere with nearby land if it might cause the work or the ground under it to sink.

You need to get written permission from the person or group in charge of the public work before doing any of these things. They might give you permission with certain conditions.

These rules don’t apply to normal farming or fixing the surface of a road.

If you break these rules on purpose, you’re committing an offence. Even if it’s not on purpose, you might have to pay for any damage you cause to the public work.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM48374.

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Part 21 General provisions

237Excavations near public works

  1. Except with the prior written consent of a Minister of the Crown, local authority, or other public authority having the control of a public work, and subject to such conditions as may be specified in the consent, no person shall—

  2. in the case of any pole supporting any electric line or telecommunications installation, excavate or otherwise interfere with any land—
    1. within 2 metres of the pole; or
      1. at a greater depth than 750 millimetres between 2 metres and 5 metres of the pole:
      2. in the case of any tower or pylon supporting any electric line or telecommunications installation, or supporting any aerial ropeway, excavate or otherwise interfere with any land—
        1. within 6 metres of the outer edge of the visible foundations of the tower or pylon; or
          1. at a greater depth than 3 metres between 6 metres and 12 metres of such outer edge:
          2. in the case of any other public work, excavate or otherwise interfere with any land in the vicinity of the work if the excavation or interference is likely to produce, directly or indirectly, a subsidence on to that work or a subsidence of that work or of the soil under it.

            1. Nothing in subsection (1) shall apply in respect of normal agricultural cultivation or the repair, sealing, or resealing, of the existing surface of any road.

            2. Every person who wilfully contravenes or wilfully fails to comply with the provisions of subsection (1) commits an offence against this Act.

            3. Every person who contravenes or fails to comply with the provisions of subsection (1) shall be civilly liable for all damage to the public work arising from the contravention or non-compliance, whether or not he has been prosecuted under subsection (3).

            Compare
            • 1928 No 21 s 336A
            • 1973 No 44 s 22
            Notes
            • Section 237(1): amended, on , by section 80 of the Public Works Amendment Act 1988 (1988 No 43).