Electricity Amendment Act 2006

Reprint as at 1 April 2010

Electricity Amendment Act 2006

Public Act2006 No 70
Date of assent4 December 2006
Note

Changes authorised by section 17C of the Acts and Regulations Publication Act 1989 have been made in this eprint.

A general outline of these changes is set out in the notes at the end of this eprint, together with other explanatory material about this eprint.

This Act is administered by the Ministry of Economic Development.

Contents

1 Title

2 Commencement

3 Principal Act amended

4 Title repealed

5 New section lA inserted

1A Purposes

6 Interpretation

7 Functions of Secretary

8 Special powers of Secretary

9 Notification and investigation of accidents

10 New section 16A inserted

16A Transfer of accident information

11 Obstructing Secretary

12 New section 61A inserted

61A Electricity generators and electricity distributors must have safety management systems

13 New Parts 9 to 12 substituted

Part 9
Restrictions on electrical work

74 Restrictions on doing or assisting with prescribed electrical work

Exemptions

75 Board may exempt person or class of persons from section 74

76 Exemption for work done under supervision

77 Exemption for trainees

78 Board may issue limited certificate for purposes of section 77

79 Exemption for domestic electrical wiring work

80 Exemption for maintenance of domestic appliances

Board may cancel application of exemption

81 Board may cancel application of exemption to any person

Testing, certification, and inspection

82 Testing, certification, and inspection

83 Power of entry

Part 10
Registration and licensing of electrical workers and employer licences

Subpart 1—Electrical worker registration and licensing

Classes of registration

84 Classes of registration may be designated by Board

85 Board may prescribe other registration and licensing matters

86 Minimum standards for registration

87 Principles guiding prescribing of registration and licensing matters

88 Board must consult before publishing notices

89 Notices published under sections 84 and 85 must be approved by Minister

90 Other provisions relating to notices under sections 84 and 85

How to become registered

91 Entitlement to registration

92 Applications for registration

93 Board may issue provisional licence pending consideration of application

94 Duration of provisional licence

95 Board to consider application

96 Board to register applicant or decline application

97 Registration subject to terms and conditions

How to become licensed

98 Practising licence required

99 Entitlement to practising licence

100 Applications for practising licence

101 Board to consider application

102 Board to issue practising licence or decline application

103 Practising licence subject to terms and conditions

Duration and renewal of practising licence

104 Duration of practising licence

105 Applications for renewal of practising licence

106 Renewal of practising licence

Exemptions from registration and practising licence requirements and conditions

107 Board may grant exemptions from registration and practising licence requirements and conditions

Competence

108 Competence programmes

109 Unsatisfactory results of competence programme

Cancellation and suspension

110 Cancellation and suspension generally

111 Effect of suspension

112 Board may cancel registration or licence if obtained wrongfully

113 Cancellation or suspension of overseas qualification, certificate, registration, or licence

Miscellaneous provision

114 Board may delegate power to Plumbers, Gasfitters, and Drainlayers Board to act under this subpart

Subpart 2—Employer licences

115 Employer licence

116 Requirements treated as satisfied if person obtains certification from approved person

117 Prescribed electrical work may be done under employer licence

118 Duration of employer licence

119 Renewal of employer licence

120 Cancellation, suspension, and other actions in relation to employer licences

121 Board must give employer licence holder reasonable opportunity to be heard

122 Miscellaneous provisions concerning actions under section 120

123 Powers of inspection

Subpart 3—Register of electrical workers

124 Register of electrical workers

125 Registrar must enter matters in register

126 Purpose of register

127 Form of register

128 Matters to be contained in register

129 Historical registration and licence information and documentation to be included in register

130 Duty to notify change of address

131 Duty to notify change of name

132 Revision of register

133 Restoration of registration or licence

134 Board may direct Registrar to record cancellation, suspension, or order

135 Alterations to register

136 Register to be public

137 Restricting public access to information and documents on register

138 Search of register

139 Search criteria

140 Search purposes

141 When search constitutes interference with privacy of individual

Part 11
Disciplinary provisions

Preliminary provisions

142 Persons to whom this Part applies

143 Disciplinary offence

Complaints

144 Complaints

Investigations

145 Secretary must appoint investigator

146 Investigation of complaint

147 Investigator's powers

147A Secretary must supply warrant of authority

147B Duties of investigator supplied with warrant of authority

147C Restriction on entry to dwellinghouse

147D Investigator must give notice to occupier of dwellinghouse

147E Notices to supply information or documents

147F Offence to fail to comply with notice to supply information or document

Consideration of complaint by Board

147G Board must hold hearing if investigator reports that complaint should be considered by Board

147H Notice of disciplinary proceedings

Interim suspension or disqualification

147I Interim suspension or disqualification

147J Form of interim suspension or disqualification order

147K Revocation of interim suspension or disqualification

147L Board must take reasonable steps to hold hearing as soon as practicable if it makes interim suspension or disqualification order

Exercise of disciplinary powers

147M Disciplinary powers of Board

147N Costs and expenses

147O Enforcement of fines, costs, and expenses

147P Suspension, restriction, or disqualification may take effect immediately

147Q Effect of disqualification

147R Consequences of failure to comply with order to pass examination, complete competence programme, or attend course of instruction

Procedure and miscellaneous matters

147S Right to appear and be heard

147T Investigator to prosecute matter

147U Appointment of legal advisor to assist Board

147V Appointment of persons to assist investigator

147W Evidence

147X Board to have powers of commission of inquiry

147Y Orders to be in writing

147Z Publication of orders

Part 12
Appeals

147ZA Appeals

147ZB Time for lodging appeal

147ZC Procedure on appeal

147ZD Court may refer appeals back for reconsideration

147ZE Costs

147ZF Power of Court to prohibit publication of person's name or affairs

147ZG Decision to continue in force pending appeal

147ZH Appeal on question of law

14 New section 149 substituted

149 Functions of Board

15 Membership

16 Meetings to be held in public

17 Heading and sections 154 and 155 repealed

18 Rules of natural justice to be observed

19 New sections 156A and 156B inserted

156A Power to amend or revoke

156B Notice and service of documents by Board, member, Registrar, or investigator

20 New section 157 substituted

157 Further provisions applying to Board

21 Conditions relating to power to enter land or premises

22 New sections 160 to 163D substituted

160 False declarations and representations

161 Unlicensed or unregistered person must not claim to be licensed or registered

162 Offence to engage in prescribed electrical work in breach of section 74

163 Offence to employ person to engage in prescribed electrical work in breach of section 74

163A Offence to fail to comply with condition of employer licence

163B Offence to breach requirement to have safety management system

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

163D Other offences

23 Time for laying information

24 New heading and sections 165A to 165E inserted

Infringement offences

165A Infringement offences

165B Infringement notices

165C Procedural requirements for infringement notices

165D Payment of infringement fee

165E Effect of infringement notice

25 New section 167 substituted

167 Certificate by Registrar to be evidence of various matters

26 Regulations

27 New sections 169A and 169B inserted

169A Regulations that prescribe requirements for safety management systems

169B Miscellaneous provisions relating to regulations that prescribe requirements for safety management systems

28 Schedule 2 amended

Transitional provisions

29 Exercise of power to prescribe registration and licensing matters before commencement of certain provisions

30 Board must consider designating classes of registration that replace or correspond to former types of registration

31 Exercise of regulation making powers before commencement of certain provisions

32 Registered persons continue to be registered persons

33 Registered persons who hold current practising licences under principal Act continue to hold practising licences

34 Persons holding provisional licences

35 Persons holding employer licences

36 Board may vary licence or registration or impose conditions, limitations, or restrictions on licence or registration

37 Applications pending at commencement of section

38 Provisions relating to persons whose registration is suspended

39 Continuation of pending investigations, inquiries, and disciplinary proceedings

40 Complaints about conduct before commencement of this section

41 Hearing concerning conduct before commencement of this section

42 Regulations for transitional and savings purposes

43 Acts amended

Schedule
Consequential amendments arising from Electricity Act 1992 amendments

Reprint notes