(1) In this Act, unless the context otherwise requires,—

(2) [Repealed]

(3) In this Act, point of supply, in relation to a property, means the point or points on the boundary of the property at which exclusive fittings enter that property, except that,—

• (a) if there are both high voltage lines and a transformer owned by the electricity distributor on the property, the point of supply is the point at which electricity from the transformer enters exclusive fittings; or

• (b) if there are non-exclusive fittings on the property, the point of supply is the point at which those fittings become exclusive fittings; or

• (c) if the exclusive fittings on the property are owned by a consumer that is a tenant or licensee of the owner or occupier of the property, the point of supply is the point at which those exclusive fittings enter the area leased or licensed by the consumer; or

• (d) if there is specific agreement that any other point on the property is the point of supply, the point of supply is the agreed point;—

and, in this definition,—

(4) The new definition of point of supply in subsection (3)—

• (a) applies on and after the date on which the Electricity Amendment Act 2001 receives the Royal assent if—

  • (i) an agreement exists between the electricity distributor and the consumer that the point of supply is already located at the point provided for in the new definition; and

  • (ii) the consumer has not challenged the existence of that agreement before that date; and

• (b) is, in other cases, subject to the transitional provision in subsection (5).

(5) The new definition of point of supply in subsection (3) does not apply in any other particular case until the electricity distributor has—

• (a) brought the fittings for which the consumer will become responsible as a result of the new definition to a reasonable standard of maintenance or repair, if those fittings are not at a reasonable standard at the time when this provision comes into force; and

• (b) notified the consumer in writing—

  • (i) that the point of supply is as defined in accordance with the new definition; and

  • (ii) the location of that point of supply; and

  • (iii) the effect of the change to the point of supply; and

  • (iv) that the point of supply may not take effect under this Act unless any fittings for which the consumer will become responsible have been brought to a reasonable standard of maintenance and repair; and

  • (v) the date on which the point of supply will change (which must be no less than 20 working days after the date of the notification).

This Act binds the Crown.

(1) The Minister may, by notice in the Gazette, declare a person to be an electricity operator for the purposes of this Act or any provision or provisions of this Act if the Minister is satisfied that a declaration is necessary to enable the person to commence or carry on a business as an electricity distributor.

(2) The Minister must, as soon as reasonably practicable, by notice in the Gazette, declare that a person ceases to be an electricity operator on a date stated in the notice if the Minister is satisfied that the person has ceased to carry on a business as an electricity distributor.

(1) The Minister may, by notice in the Gazette, declare an electricity generator to be an electricity operator for the purposes of this Act, or any provision or provisions of this Act, if the Minister is satisfied—

• (a) that the declaration is necessary to enable the person to commence or carry on an activity as an electricity generator; and

• (b) that the business interests in respect of which the declaration is made are confined to any or all of the works necessary to convey the electricity generated to an electricity installation owned by an electricity generator, electricity distributor, or a consumer.

(2) The Minister must, as soon as is reasonably practicable, by notice in the Gazette, declare that a person ceases to be an electricity operator on a date stated in the notice if the Minister is satisfied that the person is no longer carrying out any of the activities referred to in subsection (1).

(3) [Repealed]

The functions of the Secretary or Secretaries under this Act are—

• (a) to carry out such enquiries, tests, audits, or investigations as may be necessary to determine whether or not a person is complying with this Act:

• (b) to take all such lawful steps as may be necessary to ensure the safe supply and use of electricity:

• (c) to perform such other functions as are provided for under this Act.

(1) For the purposes of performing any of the Secretary's functions under this Act, the Secretary may at any reasonable time inspect the whole or any part of any works, electrical installation, electrical appliance, or associated equipment.

(2) For the purposes of carrying out an inspection under this section, the Secretary may enter and re-enter any place.

(3) Before carrying out any inspection under this section, the Secretary shall give to the person who has control of the works, installation, electrical appliance, or associated equipment, and to the occupier of the land affected, reasonable notice of the Secretary's intention to carry out the inspection.

(4) Where the Secretary has entered any place under subsection (2), he or she may—

• (a) inspect any fittings or associated equipment:

• (b) by notice in writing require any person whom the Secretary reasonably believes to be for the time being in charge of the place, or of any fittings or associated equipment in the place, to take any specified action in respect of that place, those fittings, or that equipment that the Secretary reasonably believes is necessary to render that place, those fittings, or that equipment safe:

• (c) require any person who has control of the works, electrical installation, electrical appliance, or associated equipment to produce any document required by this Act or any regulations made under section 169 or section 170 to be kept by that person, and may examine and make copies of, or take extracts from, any such document.

(5) This section shall apply notwithstanding anything to the contrary in section 52 of the Government Roading Powers Act 1989.

Where any inspection is carried out under section 6, the person who carries out the inspection shall—

• (a) compile a written report of the results of the inspection; and

• (b) give a copy of the report to—

  • (i) the person whom the person reasonably believed to be in charge of the place in which the inspection was carried out; and

  • (ii) the owner or occupier of that place (where that person is not the person referred to in subparagraph (i)); and

  • (iii) the person who has control of the works, electrical installation, electrical appliance, or associated equipment concerned (where that person is not the person referred to in subparagraph (i) or subparagraph (ii)).

(1) The Secretary may at any time, by notice in writing, require any person who has control of any works, electrical installation, or electrical appliance to take apart or dismantle any fittings to facilitate or assist an inspection for the purposes of this Act.

(2) Where the Secretary believes on reasonable grounds—

• (a) that there is a danger or potential danger to the safety of any person or property arising directly or indirectly from any fittings or electrical appliance or electrical installation; or

• (b) that, because of anything done or omitted to be done, or intended to be done or not to be done, by any person, in relation to any fittings or electrical appliance or electrical installation, there would be a danger or potential danger of injury to any person or of damage to any property,—

the Secretary may do all such things, and require any person to do or refrain from doing all such things, as the Secretary considers necessary to remove or minimise the danger or potential danger.

(2A) The Secretary's power to require a person to do a thing under subsection (2) includes the power to require, by written notice, that the person—

• (a) produce for inspection, within any reasonable period that the Secretary may specify, any document or class of document in the possession or under the control of the person that the Secretary considers would assist the Secretary to remove or minimise a danger or potential danger:

• (b) supply, within any reasonable period that the Secretary may specify, any information or class of information that the Secretary considers would assist the Secretary to remove or minimise a danger or potential danger.

(2B) Every person who is required to produce documents or supply information under this section has the same privileges in relation to the production of the documents or the supply of the information as witnesses have in any court.

(3) This section shall apply notwithstanding anything to the contrary in section 52 of the Government Roading Powers Act 1989.

(1) Every person who is affected by any notice given under section 6(4)(b) or section 8(1), or any requirement made under section 8(2), may, within 15 working days after receiving the notice or being made subject to the requirement, object to that notice or requirement.

(2) Every objection under subsection (1) shall be made by lodging a written notice of objection with the Registrar of the District Court nearest to the place where the notice was given or the requirement made, or, with the consent of the Secretary, with the Registrar of any other District Court.

(3) Every notice of objection shall specify the grounds of the objection.

(4) The objector shall cause a copy of the notice of objection to be served on the Secretary, either before or immediately after it is lodged with the Registrar.

(5) The Registrar of the court shall give notice of the time and place fixed for the hearing of the objection to the objector and the Secretary.

Subject to section 13, where a notice of objection is lodged under section 9, the notice or requirement to which the notice of objection relates shall be suspended until an order is made by a District Court under section 11(2), or until the withdrawal of the objection or the withdrawal of the notice or requirement, whichever occurs first.

(1) On the hearing of an objection under section 9, both the objector and the Secretary, either personally or by their counsel, shall be entitled to be present and be heard.

(2) On hearing the objection, the court may by order confirm, reverse, or modify the notice or requirement.

(3) Subject to section 12, every order made under subsection (2) shall be final.

(1) Where any party to an objection under section 9 is dissatisfied with the decision of a District Court on that objection as being erroneous in point of law, that party may appeal to the High Court by way of case stated for the opinion of that court on the question of law only.

(2) Subject to subsection (3), every appeal under this section shall be heard and determined in accordance with rules of court.

(3) The provisions of Part 4 of the Summary Proceedings Act 1957 (including the other provisions of that Act that are applied in that Part), so far as they relate to appeals by way of case stated on questions of law only, shall apply, so far as they are applicable and with all necessary modifications, to every appeal under this section.

(4) Subject to section 13, where a notice of appeal is filed pursuant to this section, the notice or requirement to which the notice of appeal relates shall be suspended until the appeal has been determined, or until a District Court Judge certifies that the appeal has not been prosecuted, or the Registrar of the High Court has certified that the appeal has been dismissed for non-prosecution, whichever occurs first.

(1) Notwithstanding sections 10 and 12(4), where a notice of objection is lodged under section 9 by any person in respect of any notice or requirement, the Secretary may advise the objector that the Secretary considers the situation to be one involving immediate danger to life or property, and on being so advised the objector shall immediately take active steps to comply with that notice or requirement.

(2) Every person commits an offence who fails to comply immediately with any notice or requirement to which subsection (1) applies, and every such person shall be liable on summary conviction to a fine not exceeding $1,000 for every day or part of a day that such failure continues.

(3) Without limiting the liability of any person to be convicted of an offence against subsection (2), both the High Court and any District Court shall each have jurisdiction to restrain any contravention or threatened contravention of subsection (1) by injunction on the application of the Secretary, and to make such order in the matter as to costs and otherwise as it thinks fit.

(4) No person shall be precluded by any contract or agreement from doing or refraining from doing any such acts as may be necessary to comply with the provisions of this section, or be liable under any contract or agreement to any penalty or forfeiture for doing or refraining from doing any such act.

(1) A party to proceedings in a District Court on an application under section 13(3) may appeal to the High Court against any decision of the District Court.

(1A) The High Court Rules and sections 74 to 78 of the District Courts Act 1947, with all necessary modifications, apply to an appeal under subsection (1) as if it were an appeal under section 72 of that Act.

(2) On the ex parte application of the appellant, the District Court may order that the appellant must not be required under section 74(1) of the District Courts Act 1947 to give the Registrar of the High Court security for costs.

(2A) Subsection (2) overrides subsection (1A).

(3) A party to any appeal under subsection (1) may, with the leave of the Court of Appeal, appeal to the Court of Appeal against any determination of the High Court on a question of law arising in an appeal under that subsection.

(4) On an appeal to the Court of Appeal under this section, the Court of Appeal shall have the same power to adjudicate on the proceeding as the High Court had.

(5) The decision of the Court of Appeal on an appeal to that court under this section, and on an application to it under this section for leave to appeal, shall be final.

(6) Subject to subsections (3) to (5), the decision of the High Court on an appeal to that court under this section shall be final.

(1) Where any objection has been lodged under section 9, the Secretary or the objector may ask for the objection to be heard with the assistance of 2 assessors, one to be appointed by the Secretary and the other by the objector.

(2) No person shall be appointed to act as an assessor unless he or she has special skill or knowledge relevant to the particular matter to be considered by the court.

(3) There shall be paid, out of public money appropriated by Parliament for the purpose, to any assessors appointed under this section remuneration by way of fees, salary, or allowances, and travelling allowances and expenses, in accordance with the Fees and Travelling Allowances Act 1951; and the provisions of that Act shall apply accordingly as if the assessors were members of a statutory board within the meaning of that Act.

(1) This section applies to every accident that—

• (a) is caused wholly or partly by, or involves or affects, electricity, or involves or affects the generation, conversion, transformation, conveyance, or use of electricity; and

• (b) results in—

  • (i) serious harm to any person; or

  • (ii) damage to any place or part of a place that renders that place or that part of that place unusable for any purpose for which it was used or designed to be used before that accident.

(2) [Repealed]

(3) Where any accident to which this section applies occurs in any place, the appropriate person shall notify the Secretary of the particulars of the accident forthwith on becoming aware of the accident.

(4) For the purposes of subsection (3), the appropriate person is as follows:

• (a) in the case of an accident involving or affecting any works or electrical installation, the person who has control of those works or that installation:

• (b) if the accident is discovered by any person who is authorised to do prescribed electrical work under Part 10, that person:

• (c) in all other cases, the occupier of the place where the accident occurred.

(5) Every notice under this section shall be in the prescribed form (if any) and shall contain such particulars as are prescribed (if any).

(6) Notification of an accident in accordance with either or both of the following provisions is compliance with subsection (3):

• (a) section 17(3) of the Gas Act 1992:

• (b) section 25(3) of the Health and Safety in Employment Act 1992.

(1) The Secretary must, as soon as practicable after he or she is notified of an accident under section 16, provide the notice or information that has been given to the Secretary to—

• (a) the person who must be notified of the particulars of an accident under section 17(3) of the Gas Act 1992 if the Secretary is of the opinion that section 17 of that Act applies to the accident; and

• (b) the person who must be notified of the occurrence of an accident under section 25(3) of the Health and Safety in Employment Act 1992 if the Secretary is of the opinion that section 25 of that Act applies to the accident.

(2) Subsection (1)(a) does not apply if the Secretary and the person who must be notified of the particulars of an accident under section 17(3) of the Gas Act 1992 are the same person.

(1) No person shall interfere in any way with the scene of any accident to which section 16 applies without the permission of the Secretary, or if the Secretary is not present, a constable or a member of a fire brigade, except to the extent that the person believes is necessary to avoid or minimise further injury or damage or to restore the safe supply of electricity.

(2) Where any person does interfere in any way with the scene of any accident to which section 16 applies, the person shall as soon as practicable notify the Secretary of the action the person has taken.

(3) Nothing in subsection (1) applies in respect of any person who is investigating the accident pursuant to the Health and Safety in Employment Act 1992.

(1) The Secretary may conduct an inquiry into any accident to which section 16 applies to establish the cause of the accident.

(2) Where the Secretary believes, on reasonable grounds, that any occurrence may be an accident to which section 16 applies, the Secretary may conduct a preliminary inquiry in order to establish whether or not the occurrence is such an accident.

(3) Subject to section 21, the Secretary may, for the purpose of any inquiry or preliminary inquiry under this section, require any person to supply to the Secretary all such information as that person may have of relevance to the inquiry or preliminary inquiry.

(4) Where the Secretary conducts an inquiry under this section, the Secretary shall prepare a written report of the findings of the inquiry, and shall make copies of that report available on request to interested parties.

Where the Secretary is performing any duty or exercising any power in respect of any place, or any fittings or associated equipment in any place, the owner or occupier of the place, and any other person who is for the time being in charge of the place, shall provide all such facilities and assistance as the Secretary may reasonably require.

Every person commits an offence and is liable on summary conviction to a fine not exceeding $50,000 in the case of an individual, or $250,000 in the case of a body corporate, who—

• (a) intentionally obstructs the Secretary when the Secretary is lawfully carrying out duties under this Act:

• (b) refuses or fails without reasonable excuse—

  • (i) to produce any document when required to do so by the Secretary for the purposes of this Act; or

  • (ii) to allow the Secretary to examine or make copies of or take extracts from any such document; or

  • (iii) to supply any information required of the person by the Secretary under this Act; or

  • (iv) to comply with any other lawful order or requisition given or made by the Secretary:

• (c) intentionally damages or interferes with any property used by, or supplied for the use or in the possession of, the Secretary for the purposes of this Act:

• (d) fails without reasonable excuse to notify any accident to which section 16 applies when required to do so by subsection (3) of that section, or interferes in any way with the scene of any such accident otherwise than in accordance with section 17(1), or, having interfered in any such scene in accordance with section 17(1), fails without reasonable excuse to notify the Secretary of the steps he or she has taken as required by section 17(2).

No person shall be required, pursuant to any provision of this Part, to reply to any question if the answer might tend to incriminate him or her.

Any existing works, lawfully fixed to or lawfully installed over or under any land that is not owned by the person that owns the works, shall continue to be fixed or installed until the owner of the works otherwise decides, and no person other than the owner of the works shall have any interest in any such works by reason only of having an interest in the land.

(1) An owner or occupier of land on which any existing works are situated is not required by this Act to maintain existing works, or to maintain tracks for the purpose of providing the owner of the works with access to the existing works.

(2) This section does not limit or override any new or existing legally binding agreement that provides for an owner or occupier of the land to be responsible for any maintenance.

(1) Any person that owns any existing works may enter upon land for the purpose of gaining access to those works and may perform any act or operation necessary for the purpose of—

• (a) inspecting, maintaining, or operating the works:

• (b) in the case of works the construction of which had not been completed before 1 January 1988 (in the case of works owned by the Corporation) or before 1 January 1993 (in the case of works owned by any other electricity operator), completing the works.

(2) A certificate signed by the owner of any existing works containing a statement that any specified works were constructed (in whole or in part) before 1 January 1988 (in relation to works owned by the Corporation) or before 1 January 1993 (in the case of works owned by any other person) under the authority of the Electricity Act 1968 (or any Act repealed by that Act) or the Electric Power Boards Act 1925 or the Local Government Act 1974 or the Public Works Act 1981 or any local or private Act shall be admissible in evidence in any proceedings and shall, in the absence of proof to the contrary, constitute proof of that statement.

(3) In this section, maintenance includes—

• (a) any repairs and any other activities for the purpose of maintaining, or that have the effect of maintaining, existing works; and

• (b) the carrying out of any replacement or upgrade of existing works as long as the land will not be injuriously affected as a result of the replacement or upgrade.

(1) An owner of existing works that intends to enter upon land for the purpose of maintaining or completing the works under section 23 must give reasonable notice (at least 10 working days before entry) of its intention to do so to the owner or occupier of the land.

(2) The notice must be in writing, and must specify—

• (a) the location of the proposed entry and work; and

• (b) the reasons for the entry and work and the nature of the work to be undertaken; and

• (c) the date and time of entry; and

• (d) the length of time that the owner of the works expects to be on the land.

(1) An owner of existing works that intends to enter upon land for the purpose of inspecting or operating the works under section 23 must give reasonable notice of its intention to do so to the owner or occupier of the land.

(2) The notice may be given by telephone or in any other manner that the owner of the works thinks appropriate.

(1) An owner of existing works is excused from giving notice as required by section 23A or section 23B if—

• (a) entry upon the land is necessary in circumstances of probable danger to life or property; or

• (b) entry upon the land is immediately necessary to maintain the continuity or safety of the supply and distribution of electricity.

(2) However, in either case, the owner of the existing works must give notice to the owner or occupier of the land as soon as practicable and to the extent that the circumstances permit (and no later than 5 working days after entry).

The owner or occupier of the land may set reasonable conditions relating to the timing of entry under section 23 and the access route, but those conditions may not—

• (a) delay the entry by more than 15 working days; or

• (b) require monetary or other consideration; or

• (c) otherwise defeat the ability of the owner of the works to exercise effectively the powers in section 23.

Sections 23A to 23D do not limit or override any new or existing agreement that is legally binding on the owner or occupier of the land and the owner of the works.

(1) The owner or occupier of land, or the owner of the works, may refer any dispute under sections 23 to 23E to the Environment Court.

(2) The objector must, as soon as practicable after making a written objection, serve a copy of the objection on the other party to the dispute.

(3) Within 1 month after receiving a copy of the objection or within any further period that the Environment Court allows, the other party to the dispute must send to the Environment Court and serve on the objector a reply to the objection containing matters that are appropriate having regard to the objection made and to any practice directions issued by the Environment Court.

(4) The Environment Court must inquire into the objection and, for that purpose, may conduct a hearing at any time and place it appoints.

(5) The Environment Court must give not less than 15 working days' notice of any time and place so appointed to the objector and to the other party to the dispute.

(6) The Environment Court has power to make a declaration as if the proceeding had been brought under sections 310 to 313 of the Resource Management Act 1991.

(7) The findings of the Environment Court are binding on the objector and the other party to the dispute.

(8) The Environment Court may award those costs that it considers just either in favour of or against either party.

(9) Subject to sections 299 to 308 of the Resource Management Act 1991, no appeal lies from any declaration of the Environment Court under this section.

(1) Except as provided in subsections (2) and (5), an electricity operator may from time to time construct and maintain works in, on, along, over, across, or under any road, and for any of these purposes may—

• (a) open or break up any road:

• (b) alter the position of—

  • (i) any pipe (not being a main) for the supply of water or gas; or

  • (ii) any telecommunications line; or

  • (iii) any works—

  that are constructed in, on, along, over, across, or under that road:

• (c) alter, repair, or remove any works so constructed or maintained, or any part of any such works.

(2) No electricity operator may exercise the powers contained in subsection (1) otherwise than in accordance with such reasonable conditions as may be prescribed by the local authority or other body or person having jurisdiction over the road.

(3) Without limiting the generality of subsection (2), a local authority or other body or person having jurisdiction over a road may impose under that subsection, in relation to any work undertaken by any electricity operator, a condition requiring the electricity operator to meet the reasonable costs and expenses of that local authority or other body or person—

• (a) in processing any notice given under section 25(1) by the electricity operator in relation to the work:

• (b) in supervising the carrying out of the work, where such supervision is necessary in the circumstances of the case.

(4) To avoid doubt, subsection (1) does not prevent the construction or maintenance of works that are undertaken under an agreement entered into by—

• (a) the electricity operator; and

• (b) the local authority or other body with jurisdiction over the road to which the works relate; and

• (c) any owner referred to in section 25(1)(b).

(5) Subsection (1) does not apply to the construction of works that are intended to convey, or are associated with, electricity at a voltage of more than 110 KV and a capacity of more than 100 MVA.

(6) In subsection (5), works means works located at or above ground level in, on, along, over, or across a road, but does not include works suspended above a road.

(1) 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:

• (a) the safe and efficient flow of traffic (whether pedestrian or vehicular):

• (b) 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:

• (c) 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:

• (d) 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:

• (e) the need to lessen disruption to the local community (including businesses):

• (f) the co-ordination of installation of other networks:

• (g) the co-ordination with road construction work by the local authority or other body or person who has jurisdiction over that road:

• (h) the need of the electricity operator to establish an electricity network in a timely manner.

(2) 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).

(3) 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.

(4) 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.

(1) Except as provided in subsection (5), before an electricity operator proceeds to undertake any work pursuant to the powers contained in section 24(1), the electricity operator shall give notice of its intention to undertake the work to—

• (a) the local authority or other body or person having jurisdiction over the road to which the work relates; and

• (b) the owner of any pipe, telecommunications line, or works that are constructed in, on, along, over, across, or under that road and that will be affected, or are likely to be affected, by the work.

(2) Every such notice shall be in writing, and shall specify the location of the proposed work, the nature of the work to be undertaken, and the reasons for it.

(3) Within 15 working days after the receipt of the written notice of the intention to undertake work, the persons who are given a notice pursuant to subsection (1) shall notify the electricity operator, in writing, of any conditions imposed pursuant to section 24(2).

(4) Where a person who is given a notice pursuant to subsection (1) fails to notify the electricity operator of the conditions imposed pursuant to section 24(2) within the period referred to in subsection (3) of this section, no such conditions may be imposed, and the electricity operator may commence work.

(5) Where any such work is rendered urgent and necessary by any defective equipment, or other emergency, the electricity operator shall be excused from complying with the requirements of subsection (1) before commencing the work, but shall give the information required by subsection (2) as soon as practicable thereafter.

(1) Every electricity operator commits an offence and is liable on summary conviction to a fine not exceeding $10,000 who fails to comply with section 24 or section 25.

(2) In addition to any fine imposed pursuant to subsection (1), the court may make such order relating to compensation as it thinks fit.

(1) An electricity operator shall have a right of appeal to a District Court against all or any of the conditions imposed pursuant to section 24(2) by—

• (a) the local authority or other body or person having jurisdiction over the road; or

• (b) the owner of any pipe, telecommunications line, or works.

(2) Every such appeal shall be made by giving notice of appeal within 40 working days after the date of notification of the conditions imposed, or within such further period as the court may allow on application made to it for that purpose either before or after the expiration of those 40 working days.

(1) In its determination of any appeal under section 27, a District Court may confirm or modify or cancel any or all of the conditions imposed.

(2) Subject to section 29, the decision of a District Court in the determination of an appeal under section 27 shall be final.

(1) Where any party to any appeal under section 27 is dissatisfied with the decision of the District Court as being erroneous in point of law, that party may appeal to the High Court by way of case stated for the opinion of that court on the question of law only.

(2) Subject to subsection (3), every appeal under this section shall be heard and determined in accordance with rules of court.

(3) The provisions of Part 4 of the Summary Proceedings Act 1957 (including the other provisions of that Act that are applied in that Part), so far as they relate to appeals by way of case stated on questions of law only, shall apply, so far as they are applicable and with all necessary modifications, to every appeal under this section.

(1) Notwithstanding anything in this Act or in any other enactment, no local authority or other body or person having jurisdiction over any road shall require the payment, by or on behalf of any electricity operator, of any amount of or in the nature of rent in respect of any works constructed in, on, along, over, across, or under that road.

(2) Nothing in subsection (1) applies in respect of a rate that is assessed under the Local Government (Rating) Act 2002.

(3) In this section, the term road has the meaning given to it in section 2, but also includes a motorway within the meaning of the Government Roading Powers Act 1989.

(1) Where—

• (a) an electricity operator wishes to enter upon any level crossing for the purpose of constructing or maintaining any works in, on, along, over, across, or under that level crossing; and

• (b) after taking all reasonable steps to do so, the electricity operator has been unable to negotiate an agreement for entry,—

the electricity operator may, upon giving the owner and occupier of the level crossing not less than 10 working days' notice of its intention to do so, apply to a District Court for an order under this section.

(2) On being satisfied that the construction or maintenance of any works is necessary for the purposes of distributing electricity, and that the electricity operator has taken all reasonable steps to negotiate an agreement for entry, and that, in relation to the construction of any works, no practical alternative route or site exists, the court may make an order authorising the electricity operator to—

• (a) enter and re-enter the level crossing at reasonable times, with or without such assistants, aircraft, boats, vehicles, appliances, machinery, and equipment as are reasonably necessary for the construction or maintenance of any works:

• (b) perform such work as may be reasonably necessary to construct or maintain any works.

(3) Every order under this section shall specify—

• (a) how and when entry is to be made; and

• (b) the specific powers intended to be exercised; and

• (c) such other conditions (including conditions relating to the payment of compensation) as the court thinks fit to impose.

(4) Before exercising any powers authorised by an order made under this section, the electricity operator shall serve the order on the owner and occupier of the level crossing to which the order relates.

(5) Every officer, employee, or agent of an electricity operator acting in pursuance of an order made under this section shall have with him or her and shall produce on initial entry and, if requested, at any subsequent time, evidence of his or her authority and identity.

(6) This section does not apply to the construction or maintenance of works that are intended to convey, or are associated with, electricity at a voltage of more than 110 KV and a capacity of more than 100 MVA.

(7) In subsection (6), works means works located at or above ground level in, on, along, over, or across a level crossing, but does not include works suspended above a level crossing.

(1) Where any works (being works to which section 22 applies or works constructed pursuant to section 24) are fixed to or installed over or under any road, the local authority or other body or person having jurisdiction over that road may at any time, by notice in writing, require the owner of the works to raise, lower, or otherwise alter the position of those works.

(2) If the owner of the works refuses or fails within a reasonable time to do the work required under subsection (1), the person requiring the work to be done may, after giving the owner of the works written notice of that person's intention to do so, do the work or have the work done by some other person.

(3) The notice required by subsection (2) shall be given at least 15 working days before the work commences.

(1) Subject to subsection (2), the reasonable cost of all work required to be done under section 32(1) shall be paid by the person that requires the work to be done.

(2) Where any work is required to be done under section 32(1) by reason that the works to which the work relates—

• (a) were constructed contrary to any provision of—

  • (i) this Act or any regulations made under section 169; or

  • (ii) the Electricity Act 1968 (or any enactment repealed by that Act); or

  • (iii) the Electric Power Boards Act 1925; or

  • (iv) the Local Government Act 1974 or the Local Government Act 2002; or

  • (v) the Public Works Act 1981; or

  • (vi) any local or private Act; or

  • (vii) any regulations made under any enactment, or under any enactment of any of the classes of enactment, referred to in any of subparagraphs (ii) to (vi); or

• (b) are in a dangerous or unsafe condition,—

the cost of the work shall be paid by the owner of the works.

(3) Where any person requires any work to be done under section 32(1), no claim by or against that person for betterment shall be allowed in respect of that work.

(4) Where a controlling authority (being the New Zealand Transport Agency or the agent of the Minister of Transport) requires any work to be done under section 32(1) in relation to any works, subsections (1) to (3) of this section shall apply subject to the following provisions:

• (a) in all cases the cost of all fittings that are used in the carrying out of the required work (other than fittings used only during the course of construction) shall be paid by the owner of the works:

• (b) where—

  • (i) as a consequence of the requirement, the owner of the works elects to fix works to, or install works over, under, or through, a roading structure that is being, or is to be, constructed or altered; and

  • (ii) the cost of that construction or those alterations is increased by reason that those works will be fixed to, or installed over, under, or through, that roading structure,—

  an amount equal to the amount by which the cost, to the controlling authority, of that construction or those alterations, as the case requires, is so increased shall be paid to the controlling authority by the owner of the works:

• (c) where, as a consequence of the requirement, the owner of the works relocates the works and reconstructs them to specifications different from those of the original works, the owner of the works shall pay the difference between—

  • (i) what it would have cost to relocate and reconstruct the works as near as reasonably practicable to their original specifications (excluding any costs to which paragraph (a) would have applied), taking into account—

    • (A) any restrictions or conditions imposed by or under any enactment in relation to the relocation and reconstruction; and

    • (B) the location of the original works and the alternatives reasonably available to the owner of the works; and

  • (ii) the actual cost of the relocation and reconstruction (excluding any costs to which paragraph (a) applies),—

  where the amount calculated in accordance with subparagraph (i) is less than the amount calculated in accordance with subparagraph (ii).

(5) Subsections (1) to (4) shall apply subject to any agreement between the person requiring the work to be done and the owner of the works to which that requirement relates.

(6) The amount of any payment that is required to be made under this section shall be determined in each case—

• (a) by agreement between the person liable for the payment and the person to whom it is payable; or

• (b) failing such agreement, by arbitration under the Arbitration Act 1996, with 1 arbitrator to be appointed by each party and an umpire to be appointed by those arbitrators before entering upon their reference.

Sections 32 and 33 shall apply notwithstanding anything to the contrary in section 54 of the Government Roading Powers Act 1989.

(1) Subject to subsection (2), the owner or occupier of any private land or buildings into, through, over, or against which any works to which section 22 applies have been constructed may, at that person's own expense, on giving written notice to the person that owns the works, move those works and reconstruct or replace them, subject to the work being lawfully carried out and to such reasonable conditions as the owner of the works may reasonably impose.

(2) No works may be moved, reconstructed, or replaced under subsection (1) without the consent of the person that owns the works, but that consent shall not be unreasonably withheld.

(3) The notice required by subsection (1) shall be given at least 15 working days before the work to move the works commences.

(1) The Secretary may from time to time issue any instrument (in this Act referred to as an electrical code of practice) for the purposes of, or relating to,—

• (a) the setting or endorsing of standards or specifications concerning the design, construction, installation, importation, or manufacture of works, electrical installations, fittings, electrical appliances, or associated equipment:

• (b) the setting of standards in respect of electricity that is to be supplied to or used by electricity retailers and consumers:

• (c) the operation or use of works, electrical installations, fittings, electrical appliances, or associated equipment:

• (d) the inspection or maintenance of works, electrical installations, fittings, electrical appliances, or associated equipment:

• (e) the safety of persons or property associated with or using works, electrical installations, fittings, electrical appliances, or associated equipment:

• (f) the setting or endorsing of standards or requirements relating to—

  • (i) the training required for any specified class or classes of workers for the purposes of establishing and maintaining safety standards in relation to the generation, conversion, transformation, conveyance, and use of electricity:

  • (ii) the levels of electrical or technical qualifications necessary for the carrying out of any specified class or classes of electrical work or for the holding of positions of electrical responsibility in any branch of the electrical industry or in any specified undertakings concerned with the particular application of electricity:

• (g) the setting or endorsing of standards, specifications, or requirements relating to or concerning the periodic examination of connectable installations of vehicles, relocatable buildings, and pleasure vessels, or any of them, and the issue of warrants of electrical fitness in respect of such installations:

• (h) the setting or endorsing of standards, controls, or requirements for the whole or any part of any tree or vegetation to prevent the interruption of the supply of electricity or interference with the electrical supply system.

(2) The Secretary may from time to time issue an amendment or revocation of any electrical code of practice.

(3) Every electrical code of practice and every amendment or revocation of an electrical code of practice shall show the date on which it was issued.

(1) The Secretary may include in any electrical code of practice a reference to—

• (a) an official standard or a specified part of an official standard; or

• (b) an official standard or a specified part of an official standard with such additions or variations as are specified in the code—

if that official standard or, as the case may be, that part of that official standard relates to the subject matter of the code.

(2) On the inclusion in a code of a reference to an official standard or part of an official standard, that official standard or, as the case may be, that part of that official standard (as it existed on the date of the inclusion but with such additions or variations (if any) as are specified in the code) shall be deemed to form part of the code.

(1) Subject to subsection (5), an electrical code of practice, an amendment to such a code, and a revocation of such a code, shall not have any force or effect until it has been approved by the Minister.

(2) Subject to subsection (3), the Minister shall not approve any code, or any amendment or revocation of a code, unless—

• (a) not less than 1 month has elapsed since the publication in the Gazette of a notice of the intention of the Secretary to apply for approval; and

• (b) the Minister has consulted such persons as will be affected by the code or amendment or revocation, or representatives of those persons, and they have had the opportunity to consider its possible effects and to comment on those effects to the Minister; and

• (c) the Minister has considered any comments made to the Minister concerning those effects.

(3) The Minister may approve an electrical code of practice or any amendment or revocation of that code without complying with the requirements of subsection (2)(a) or (b) if the Minister is satisfied that sufficient consultation has already taken place in respect of the matters in the code or amendment or revocation.

(4) When the Minister approves an electrical code of practice or an amendment or revocation of that code, the Minister shall—

• (a) publish a notice of the approval in the Gazette; and

• (b) show the date of the approval on the code, amendment, or revocation and promulgate it in such manner as the Minister thinks fit.

(5) The fact that the Minister has published in the Gazette a notice under subsection (4)(a) shall be conclusive proof that the requirements of this section have been complied with in respect of the approval specified in the notice.

(1) The Secretary shall ensure that copies of all electrical codes of practice, and all amendments to such codes, that are for the time being in force are available—

• (a) for inspection by members of the public free of charge; and

• (b) for purchase by members of the public at a reasonable price.

(2) The notice of approval published in the Gazette pursuant to section 38(4)(a) shall show, in relation to the code, or the amendment of a code, to which it relates, a place at which copies of the code or, as the case requires, the amendment are available for inspection free of charge and for purchase.

(1) If the Secretary considers it essential in the interests of safety or ensuring the continuity of the supply or conveyance of electricity to amend any electrical code of practice forthwith, the Secretary may issue an emergency amendment to the code and promulgate it in such manner as the Secretary thinks fit.

(2) Every amendment issued under subsection (1) shall be identified as an emergency amendment issued under this section, and show the date on which it was issued.

(3) Every such amendment shall remain in force for a period of 60 days after the date on which it was issued and may be continued in force by the Minister for such further period or periods as the Minister thinks fit, but the maximum period of time during which an emergency amendment may remain in force shall be 180 days.

(4) Subject to subsection (5), an emergency amendment issued under this section shall for all purposes, while it remains in force, be deemed to have been issued under section 36, and to have been approved, on the date of its issue, by the Minister under section 38.

(5) If any regulation in force under section 169 requires compliance with any electrical code of practice that has been amended under this section, that regulation shall, while the emergency amendment remains in force, be deemed to require compliance with the code as so amended notwithstanding the fact that the regulation was made before that amendment to the code came into force.

(6) Notwithstanding anything in section 41 of the State Sector Act 1988, the Secretary shall not delegate to any other person the power conferred on the Secretary by this section.

(7) In this section, the term Secretary includes any person who is authorised, pursuant to a direction given pursuant to section 40 of the State Sector Act 1988, to exercise the power conferred on the Secretary by this section.

In any regulations made under section 169, any electrical code of practice or amendment of an electrical code of practice may, without prejudice to any other method of citation, be cited by the title or reference given to it by the Secretary and by its date of issue; and such citation shall be deemed, subject to section 40(5), to include and refer to the latest electrical code of practice or amendment in force when the regulations were made.

(1) Without affecting any other method of proof, the production in any proceedings of a copy of any electrical code of practice or amendment or revocation of an electrical code of practice, purporting to have been issued by the Secretary and to have been approved by the Minister, shall, in the absence of proof to the contrary, be sufficient evidence that it has been issued under the authority of section 36 and approved by the Minister, on the date shown on it as the date of approval, under section 38.

(2) Without affecting any other method of proof, the production in any proceedings of—

• (a) a copy of an emergency amendment of an electrical code of practice purporting to have been issued by the Secretary shall, in the absence of proof to the contrary, be sufficient evidence that it has been issued under the authority of section 40 on the date shown on it as the date of issue:

• (b) a certificate under the hand of the Minister that the Minister has continued such an amendment in force until a date specified in the certificate shall, in the absence of proof to the contrary, be sufficient evidence that the amendment has been continued in force until that date under section 40(3).

(3) In any proceedings for an offence against this Act or against any regulations made under section 169,—

• (a) any requirement or standard prescribed in an electrical code of practice by reference to any official standard (not being a New Zealand Standard) may be proved by the production of a copy of that official standard certified to be correct by the Secretary:

• (b) judicial notice shall be taken of the signature of the Secretary.

Every electrical code of practice promulgated under the Electricity Act 1968 that was in force immediately before 1 April 1993 is deemed to be in force under this Part, and may be amended and revoked accordingly.

(1) In order to allow electrical codes of practice to be administered by the most appropriate Ministry, all Ministers responsible for the administration of any provision of this Act must, by agreement from time to time, identify which particular codes, or codes relating to particular matters, are to be administered by which Ministry (referred to in this section as the responsible Ministry).

(2) In sections 36 and 37 and 39 to 42, in relation to a code, Secretary means the Secretary of the responsible Ministry.

(3) In sections 38, 40, and 42, in relation to a code, Minister means the Minister for the time being responsible for the responsible Ministry.

(1) Every person having any right, title, estate, or interest in any land or property injuriously affected by the exercise from time to time of any powers conferred by Part 2 or Part 3 on the Secretary or an electricity operator or any other owner of existing works shall be entitled to full compensation for all loss, injury, or damage suffered by that person.

(2) In default of agreement between the parties, claims for compensation under this section shall be made and determined within the time and in the manner provided by the Public Works Act 1981, and the provisions of that Act shall, as far as they are applicable and with all necessary modifications, apply with respect to claims under this section.

(3) Notwithstanding the provisions of any enactment or any rule of law, the exercise of any power conferred by this Act on the Secretary shall not be curtailed, suspended, or delayed by reason of the fact that any claim for compensation under this section has been made but not determined.

Where any tree or part of a tree or any vegetation or part of any vegetation is removed pursuant to any regulations made under section 169, compensation, to be assessed in the manner prescribed by the Public Works Act 1981, shall be payable if the tree or vegetation was growing on the land before the construction of the works or electrical installation but not in any other case.

Every person who constructs any works or electrical installation shall, where required by regulations made under section 169, furnish to the Secretary, in such form and at such time as may be prescribed, such particulars relating to the works or installation as may be prescribed by regulations made under that section.

All electricity distributed by an electricity distributor shall comply with such standards as are for the time being prescribed by regulations made under section 169.

All works, electrical installations, and electrical appliances shall be of such quality and standard, and shall be constructed, maintained, and operated in accordance with such safety requirements, as are prescribed by regulations made under section 169.

(1) Every electricity generator and every electricity distributor that owns or operates an electricity supply system must implement and maintain, in accordance with regulations made under section 169, a safety management system that requires all practicable steps to be taken to prevent the electricity supply system from presenting a significant risk of—

• (a) serious harm to any member of the public; or

• (b) significant damage to property owned by a person other than the electricity generator or electricity distributor.

(2) For the purposes of this Act, electricity supply system means,—

• (a) in relation to an electricity generator, assets that, whether taken individually or as a whole, have a rated electricity generating capacity equal to, or greater than, 10 MW:

• (b) in relation to an electricity distributor, assets that, whether taken individually or as a whole, are used, or designed or intended for use, in or in connection with the conversion, transformation, or conveyance of electricity at a capacity equal to, or greater than, 10 MVA.

(3) The Governor-General may, by Order in Council, make regulations for either or both of the following purposes:

• (a) increasing the rated electricity generating capacity that applies under subsection (2)(a):

• (b) increasing the capacity that applies under subsection (2)(b).

(1) A person must not do any prescribed electrical work, or assist in doing any prescribed electrical work, unless that person is authorised to do so under this section.

(2) The following persons may do prescribed electrical work, or assist in doing prescribed electrical work, within the limits prescribed in regulations (if any):

• (a) a registered person who is authorised to do, or assist in doing, the work under a current practising licence:

• (b) a person who is authorised to do, or assist in doing, the work under a provisional licence:

• (c) a person who is authorised to do, or assist in doing, the work under an employer licence.

(3) A person does not do any prescribed electrical work, or assist in doing any prescribed electrical work, in breach of this section if that work is done in accordance with any of sections 75 to 80.

(4) A body corporate that is responsible for any prescribed electrical work does not do any prescribed electrical work, or assist in doing any prescribed electrical work, in breach of this section if the natural person or natural persons who actually do, or assist in doing, that work are authorised to do so under this Act.

(5) Subsection (1) is subject to subsections (3) and (4) and sections 75 to 81.

(6) For the purposes of this Part and Part 10, regulations means regulations made under section 169.

(1) The Board may, if it thinks fit, by notice in the Gazette, exempt any person or class of persons from compliance with section 74 generally or in relation to a particular type of prescribed electrical work.

(2) The Board may grant the exemption subject to any terms and conditions that it thinks fit.

(3) A person may do any prescribed electrical work, or assist in doing any prescribed electrical work, under an exemption granted under subsection (1) if—

• (a) the work is within the limits specified in the exemption; and

• (b) the exemption applies to the person; and

• (c) the work is done in accordance with the terms and conditions of the exemption; and

• (d) the work is carried out in a competent and safe manner.

(4) A notice published under this section is a regulation for the purposes of the Regulations (Disallowance) Act 1989 but is not a regulation for the purposes of the Acts and Regulations Publication Act 1989.

A person (the supervised person) may do any prescribed electrical work, or assist in doing any prescribed electrical work, if—

• (a) that work is within the limits prescribed in regulations made for the purposes of this section; and

• (b) the work done by the supervised person is carried out under the supervision of a registered person who holds a current practising licence issued under this Act that authorises the person to supervise electrical work; and

• (c) except as provided in any regulations, while that work is being carried out by the supervised person, no part of the work is connected to a power supply; and

• (d) the work is—

  • (i) tested and certified in accordance with regulations; and

  • (ii) connected to a power supply by a registered person who holds a current practising licence issued under this Act that authorises the person to supervise electrical work.

(1) A person may do, or assist in doing, any prescribed electrical work if—

• (a) that work is within the limits prescribed in regulations made for the purposes of this section; and

• (b) the person is a trainee in relation to the work; and

• (c) the work done by that person is carried out in accordance with a limited certificate issued by the Board to the trainee under section 78.

(2) In this section, trainee—

• (a) means a person who is undergoing instruction or training in any class of prescribed electrical work for the purpose of obtaining registration as a registered person; and

• (b) includes an apprentice who is working in the electricity industry.

(3) This section does not prevent a trainee from doing, or assisting in doing, work under section 76 (which allows work to be done under supervision).

(1) The Board may, on payment of the prescribed fee (if any), issue to any person a limited certificate for the purposes of section 77.

(2) The Board may issue the limited certificate subject to any terms and conditions that the Board thinks fit.

(3) The Board may, by written notice to a person, revoke, amend, or add to any term or condition imposed in relation to that person's certificate.

(4) A limited certificate issued under this section, unless it is sooner cancelled, is in force for the period, not exceeding 5 years, specified in the certificate, but it may from time to time be renewed for a further term not exceeding 5 years.

(5) The Board may, if it thinks fit, refuse to renew any limited certificate.

(6) A limited certificate issued under this section may be cancelled by the Board—

• (a) if the Board considers that any of the terms or conditions of the certificate have not been met; or

• (b) following the determination of an application for registration as a registered person or for a practising licence.

(1) The owner of any premises that are occupied, or intended to be occupied, by that person as a residence for that person, or for that person and members of that person's family, may do any electrical wiring work, or assist in doing any electrical wiring work, in relation to those premises, if—

• (a) the work is within the limits prescribed in regulations made for the purposes of this section; and

• (b) the work is carried out in accordance with the requirements of any regulations; and

• (c) the work is carried out in a competent and safe manner; and

• (d) while that work is being carried out, no part of the work is connected to a power supply; and

• (e) the work is, before connection to a power supply, tested and certified, in accordance with regulations, by a registered person who holds a current practising licence issued under this Act that authorises that person to test and certify prescribed electrical work; and

• (f) the work is connected to a power supply by the registered person referred to in paragraph (e).

(2) Subsection (1)(e) and (f) apply only if required by regulations.

(3) For the purposes of subsection (1), owner, in relation to any premises, means the person who (whether alone or as a joint tenant or tenant in common) would for the time being be entitled to receive the rack rent of the premises on his or her own account if the premises were let to a tenant at a rack rent.

(1) The owner of any electrical appliance may do any prescribed electrical work, or assist in doing any prescribed electrical work, in relation to that appliance if—

• (a) the appliance is kept principally for the use of that person, or any near relative of that person, or both; and

• (b) the appliance is used principally for domestic purposes and not for commercial or industrial purposes; and

• (c) the work is within the limits prescribed in regulations made for the purposes of this section; and

• (d) the work is carried out in accordance with the requirements of any regulations; and

• (e) the work is carried out in a competent and safe manner; and

• (f) while that work is being carried out, the appliance is not connected to a power supply; and

• (g) the work is, before connection to a power supply, tested and certified, in accordance with regulations, by a registered person who holds a current practising licence issued under this Act that authorises that person to test and certify prescribed electrical work.

(2) Subsection (1)(g) applies only if required by regulations.

(3) For the purposes of subsection (1), near relative, in relation to any person, means—

• (a) a grandparent of that person:

• (b) a parent or step-parent of that person:

• (c) a parent or step-parent of that person's spouse, civil union partner, or de facto partner:

• (d) a brother or sister of that person, including a half-brother or half-sister:

• (e) that person's spouse, civil union partner, or de facto partner:

• (f) a child or step-child of that person:

• (g) a grandchild of that person.

(1) The Board may, by notice in writing to a person, cancel the application of any exemption under sections 76 to 80 to the person from a date specified in the notice.

(2) The exemption referred to in the notice under subsection (1) ceases to apply to the person from the date specified in the notice.

(3) The Board may not cancel the application of an exemption under subsection (1) unless it has first—

• (a) informed the person concerned why it may cancel the application of the exemption; and

• (b) given the person a reasonable opportunity to make written submissions and be heard on the question, either personally or by his or her representative.

(1) If any prescribed electrical work is carried out, that work or, as the case may require, the works or electrical installation or electrical appliance in respect of which that work is carried out must not be connected to a power supply unless the testing, certification, and inspection that is required by regulations has been carried out.

(2) A person must not sell, or offer for sale, any works or electrical installation or electrical appliance that has not been tested and certified in accordance with regulations.

(3) A person must not supply electricity to any works or electrical installation unless that person is satisfied that any inspection and certification required in respect of those works or that installation by regulations has been carried out.

(4) This section does not prevent the connection, to any power supply, of any works, electrical installation, or electrical appliance, or the supply of electricity to any works or electrical installation, if that connection or supply is solely for the purposes of carrying out any testing, inspection, or certification required by any regulations.

(1) For the purpose of ensuring that the requirements of section 82 are complied with in relation to any prescribed electrical work, any person authorised by the Board for the purpose may, at any reasonable time, enter any premises (including a dwellinghouse) and—

• (a) inspect and test any prescribed electrical work on those premises that is, or is intended to be, connected to a power supply:

• (b) make any inquiries that are necessary to determine whether or not any prescribed electrical work on those premises has been properly tested, certified, or inspected.

(2) The power of entry under subsection (1) may be exercised whether or not there are any grounds to believe that any prescribed electrical work has not been properly carried out.

(3) Every person must give reasonable notice of that person's intention to enter any premises under subsection (1) to both the owner and the occupier of the premises.

(4) Every person must, on entering any premises under subsection (1), and when requested at any subsequent time, produce to the person in charge of the premises—

• (a) evidence of that person's authority to enter the premises; and

• (b) evidence of that person's identity.