places or moves any rail vehicle or other object on a railway line or leaves any rail vehicle or other object on any part of a railway line; or

moves, changes, or otherwise interferes with any signal, points, or stop blocks, or shows any signal likely to mislead; or

causes or uses or attempts to use, or interferes with or attempts to interfere with, any braking appliances provided in any rail vehicle; or

interferes with any railway line, structure, formation, tunnel, bridge, or other part of a railway; or

interferes with any telecommunications or radio facility or signal, or gives any false or misleading information by means of any message, signal, or radio that will affect the operation of any rail vehicle; or

enters upon any part of a railway line or rail vehicle with the intention of doing any of the acts mentioned in paragraphs (a) to (e).

rail participants; or

any person to whom section 7(2) applies.

the rail operator holds a licence as a rail operator; and

the access provider for that railway line holds a licence as an access provider.

the rail operator of the rail vehicle holds a licence as a rail operator; and

the access provider holds a licence as an access provider.

ensure that—

provide appropriate training and supervision of all rail personnel who do anything for, or on behalf of, it in respect of its rail activities, and ensure that those persons comply with—

stop the rail vehicle as soon as safely practicable and ascertain whether a person has been harmed; and

ensure that all practicable assistance is rendered if a person has been harmed.

1 or more of the following (as the case may require):

the rail participant that engages that rail personnel (if not done so under paragraph (a)).

is notified of any accident or incident; and

is provided with the information about the accident or incident that the rules require or that the Agency reasonably requires.

in the case of an accident, notify the Commission of the accident, and give to the Commission the information about the accident known to the Agency that the Commission reasonably requires:

in the case of an incident that the Agency considers that the Commission should investigate, notify the Commission that the Agency has been notified of the incident, and give to the Commission the information about the incident known to the Agency that the Commission reasonably requires.

a rail operator:

an access provider:

a rail participant who is required by regulations to hold a licence.

the licence of another licence holder; and

the approved safety case of that other licence holder.

be made to the Director in the prescribed form or, if a form is not prescribed, in the form that the Director may require; and

contain the information, and comply with any other requirements, prescribed by regulations or rules or reasonably required by the Director; and

be accompanied by the fee required by regulations.

all relevant requirements of this Act, the regulations, and the rules have been complied with; and

the proposed safety case has been approved under section 32; and

it is not contrary to the interests of rail safety for the licence to be granted.

is continuing an existing rail activity previously carried out by another rail participant; and

has applied for a licence but is yet to have its—

surrendered under subsection (2); or

suspended under section 23; or

revoked under section 24 or section 26.

the holder’s name:

the holder’s address:

the number of the licence:

the date of issue of the licence:

any conditions applying to the licence:

information about any expiry, revocation, suspension, or surrender:

the dates of any amendments to the licence:

whether any safety case and variations to the safety case have been approved by the Agency.

the Director, on reasonable grounds, considers appropriate in the interest of safety; or

are prescribed by the rules.

the licence holder has a safety liaison officer who is authorised to act as the licence holder’s primary contact with the Director in relation to the licence; and

the fees with respect to the licence are paid to the Agency; and

the licence holder must report to the Director those matters that are specified in the licence holder’s safety case and any other matters that the Director reasonably considers necessary in the interests of safety.

every rail vehicle used by the rail operator must be maintained as provided for in the approved safety case:

the rail operator must, whenever required to do so by the Director, present for inspection any rail vehicle that is used by the rail operator:

a rail vehicle that has suffered serious damage may not be used until it has been approved in accordance with the rail operator’s safety system and approved safety case:

the rail operator must, on being requested to do so by the Director or an enforcement officer, immediately supply the full name and address of any rail personnel of the rail operator who has committed or allegedly committed an offence (being an offence of which the rail operator is aware and that may be relevant to the safe operation of a rail vehicle).

all railway infrastructure used by the access provider must be maintained as provided for in the approved safety case:

the access provider must, whenever required to do so by the Director, present for inspection any railway infrastructure controlled by the access provider:

any railway infrastructure that has suffered serious damage may not be used until it has been approved in accordance with the access provider’s safety system and approved safety case:

the access provider must, on being requested to do so by the Director or an enforcement officer, immediately supply the full name and address of any rail personnel of the access provider who has committed or allegedly committed an offence (being an offence of which the access provider is aware and that may be relevant to the safe operation of any railway infrastructure).

the licence holder’s current—

the safety liaison officer’s contact details (including, but not limited to, current phone number and current electronic address (if any)).

if any rail activities of the licence holder are carried out by another person who does not hold a licence to carry out those rail activities, the licence holder must take all reasonable steps (including providing necessary monitoring personnel and resources) to ensure that the person carries out those rail activities in accordance with—

the licence holder must give written notice to the Director of the appointment of, or a change in, any of the principal agents or contractors engaged by the licence holder to carry out any or all of the licence holder’s rail activities.

considers it necessary to avoid a risk of—

is satisfied that—

in the case of suspension, has had regard to whether an action other than suspension is appropriate in the circumstances.

the decision to suspend a licence issued under this Act or impose temporary conditions on that licence; and

the reasons for the decision and the information upon which the decision is based; and

the licence holder’s right to appeal under section 68.

by reason of a safety assessment report or otherwise, considers it necessary to avoid a risk of—

on reasonable grounds, believes that no other action under this Act is appropriate to address that risk.

suspended or subjected to temporary conditions under section 23; or

revoked or subjected to permanent conditions under section 24.

the licence holder’s compliance history with transport safety regulatory requirements (including this Act and the rules) and with the conditions of the licence holder’s licence:

any conviction of the licence holder, or any of the licence holder’s officers, for a transport safety offence:

evidence that the licence holder has committed a transport safety offence or has contravened or failed to comply with this Act, the rules, or any conditions of the licence holder’s licence.

amend a licence to reflect the fact that a rail activity for which the licence was granted is no longer being carried out by the licence holder:

revoke a licence if none of the rail activities for which the licence has been granted is being carried out by the licence holder:

amend a licence to correct any clerical error or obvious mistake on the face of the licence.

the proposed decision; and

subject to subsection (3), the reasons for the proposed decision and the information upon which the decision is based; and

the date by which submissions may be made to the Director in respect of the proposed decision (which date must not be less than 15 working days after the date on which the notice is given); and

if appropriate, the date on which the proposed decision takes effect, being a date not less than 20 working days after the date on which the notice is given; and

the person’s right to appeal under section 68 if the Director proceeds with the proposed decision; and

any other matters that, in any particular case, may be required under this Act or any other Act.

must also supply a copy of the notice to any affected licence holder if the Director considers that the proposed adverse decision is likely to have a significant effect on the rail activities of that affected licence holder; and

may supply a copy of the notice to any other affected rail participant.

the notice or copy is supplied to that person; or

the person consents to the supply of that information to another person.

that person has the responsibility to ensure that all information that the person wishes to have considered by the Director in relation to the proposed adverse decision is received by the Director within the period specified in the notice, or copy, under subsection (1)(c), or within any further period that the Director may allow; and

the Director may, but is not obliged to, consider information (other than information requested by the Director) supplied by the person after the expiry of the period referred to in paragraph (a); and

the Director must consider submissions made in accordance with paragraph (a) and information supplied to the Director by request of the Director, but is not obliged to hear any person on the matter.

decide whether or not to make the proposed adverse decision; and

as soon as practicable after making the decision, give written notice to the person directly affected, and any other person of a kind referred to in subsection (2)(a), of—

prohibit, or impose conditions on, the operation or use of the rail vehicle or rail vehicles of that class or railway infrastructure; or

detain or immobilise the rail vehicle or any rail vehicle of that class or railway infrastructure, if the Director considers it necessary to prevent its operation or use.

the reasons for the action taken; and

the right of appeal under section 68.

the detention or immobilisation may be effected in the manner and imposed for the duration that will cause only as much disruption to the rail activities as is reasonably necessary to avoid endangering persons or property:

if a rail vehicle or any railway infrastructure, or any parts of the vehicle or infrastructure, is required for the purpose of a prosecution or safety assessment under this Act or any other Act, the Director may detain the rail vehicle or railway infrastructure, or parts of the vehicle or infrastructure, for the period that the Director considers necessary for that purpose:

the rail operator or access provider concerned may have access to the rail vehicle or railway infrastructure for the purpose of obtaining evidence for a prosecution or safety assessment.

the form and content of the rail participant’s proposed safety case is approved under section 32; and

the safety case is derived from, and consistent with, the rail participant’s safety system.

the rail activities of the rail participant, including details of the extent and geographical location of those rail activities:

the safety policy and objectives of the rail participant and of how that policy and those objectives will be implemented or given effect:

the management and organisational arrangements that the rail participant will establish in order to promote the safety of its rail activities:

the management systems that the rail participant has in place to—

the safety risks arising from the rail activities of the rail participant, and details of the measures to be in place to mitigate those risks:

the process for ensuring that interoperability arrangements between the rail participant and other rail participants enhance rail safety:

the arrangements that are in place to ensure that—

the arrangements for procuring and maintaining evidence to ensure that the measures and processes necessary for safety are working as intended, including (but not limited to)—

the process by which, in consultation with the Director, the frequency of ordinary safety assessments under section 37 may be agreed:

the arrangements for the rail participant to report to other relevant rail participants concerns about the state or performance of any rail vehicle, rail infrastructure, or railway premises that it considers has implications for the safe operation of the railway:

the policies in place to ensure that the rail participant’s rail personnel—

the arrangements for ensuring that safety is maintained or continuously improved despite changes in circumstances that may affect the rail participant, its rail personnel, or any person that uses the rail participant’s services, including (but not limited to)—

the arrangements for ensuring that the rail participant consults any representatives of rail personnel (including, but not limited to, unions) with respect to the development and variation of safety systems that affect, or are likely to affect, rail personnel:

any other matters that may be prescribed by the rules or that the Director considers appropriate in the interests of safety.

the rule prevails; and

the rail participant must amend the provision so that it is consistent with the rule.

the nature and extent of the proposed rail activities of the rail participant:

the safety result attainable, consistent with the nature of the rail activities of the rail participant:

the past history and performance (if any) of the rail participant within the transport industry:

any submissions or representations about safety issues received from any other rail participant involved with the railway that the rail participant intends to use:

any submissions or representations received from—

any other matters the Director reasonably considers appropriate in the interests of safety.

the form and content of the proposed safety case are clearly defined; and

the proposed safety case complies with section 30; and

the rail participant is capable of establishing, implementing, maintaining, regularly reviewing, and improving its safety case and safety system; and

the proposed safety case provides a programme of training and supervision that ensures that all rail personnel of the rail participant are capable of safely carrying out their responsibilities; and

any provisions of the safety case that the Director considers should be in a standard form applicable to more than 1 rail participant are in a common form approved by the Director.

approve the form and content of the proposed safety case; or

refuse to do so until the Director is satisfied under section 31(2).

considers it necessary in the interests of safety; and

is satisfied that—

of the reasons for the requirement; and

that the licence holder may, within a reasonable time specified in the notice, make written submissions regarding the replacement or variation that the Director requires.

decide whether or not to approve the application or confirm the requirement; and

give written notice to the licence holder of the Director’s decision.

the reasons for the refusal or confirmation; and

the right to appeal under section 68.

whether the Director has approved the plan; and

if the Director has not approved the plan, of the changes that the Director requires to be made to the plan.

implement the plan in accordance with its provisions; and

make any amendments to the approved plan that are required at any time by the Director; and

not otherwise amend the plan without first obtaining the Director’s written approval of the amendment.

an ordinary safety assessment at a time determined in accordance with section 30(1)(i) and specified in the notice; or

a special safety assessment at a time specified in the notice.

the nature and extent of the rail activities of the rail participant concerned:

the extent to which the Director considers that the duties specified in sections 7 and 10 to 13, and any rules and regulations, are being complied with:

with regard to a licence holder, the time when the Director last considered the licence holder’s safety case:

the findings of recent safety assessments:

the information on the safety of the rail participant’s rail activities obtained from the safety monitoring and reporting:

the nature and scope of—

the extent of the improvements in rail safety produced by—

the nature and extent of any recent accidents or incidents that the licence holder has reported to the Director under section 13(3):

any other recent reports or information that the Director has received on—

any other matters that the Director reasonably considers necessary to take into account.

the Director; and

the rail participant; and

any representatives of rail personnel consulted under section 38(1).

the matters that are required to be considered or assessed by that assessor under the terms of his or her appointment under section 45; and

the nature and extent of any non-compliance by the rail participant concerned or any of its rail personnel with the duties under sections 7 and 10 to 13, or any rules or regulations; and

the comments with respect to safety matters (if any) made by representatives of rail personnel as a result of consultation under section 38.

no remedial action by the rail participant is necessary; or

remedial action by the rail participant is necessary.

the safety area or areas in which remedial action is required; and

the time limit within which the remedial action must be effected; and

any interim requirements imposed on the rail participant’s rail activities under subsection (3) until the remedial action is completed; and

the right of appeal under section 68.

the death of, or serious injury to, individuals; or

significant damage to property.

a general appointment that authorises the appointed person to carry out any safety assessment that may be required; or

a specific appointment that applies to any 1 or more specified rail participants.

carry out safety assessments as required by the Director:

prepare reports in accordance with sections 39 and 43:

identify and report non-compliance with the duties specified in sections 7 and 10 to 13, or any rules or regulations:

perform any other functions and duties that may be prescribed by regulations or rules made under this Act.

require from a rail participant, or any rail personnel of a rail participant that has the relevant qualifications, knowledge, and experience, any documents and information that the safety assessor considers relevant to the safety assessment:

require any such person to demonstrate to the safety assessor the rail personnel’s familiarity with essential procedures for the safe operation of rail vehicles or railway infrastructure:

require any such person to demonstrate to the safety assessor that any operational, maintenance, or servicing procedure in respect of a rail vehicle or railway infrastructure is capable of being carried out in a competent manner.

the documents or information; or

extracts from those documents or that information.

any vehicle, building, or place belonging to, or used by, a rail participant in that rail participant’s rail activities:

any document or record that is in the possession, or under the control, of a rail participant that is used for the purposes of that rail participant’s rail activities:

rail personnel for the purposes of subsection (7).

a breach of any regulations or rules made under this Act is being, or is about to be, committed; or

the conditions of a licence or an approved safety case are not being complied with; or

a situation exists, or is about to exist, within the rail activities of a rail participant that constitutes a risk of—

must be directed to a named person; and

is valid for a period of 1 month from the date of its issue or for a lesser period that the judicial officer considers appropriate; and

must specify its period of validity; and

must state the location of the dwellinghouse or marae or building associated with a marae.

the name of that safety assessor and the office or offices held by that safety assessor; and

that the safety assessor is authorised by the Director to exercise the power under subsection (1) or subsection (2) to enter vehicles, buildings, and places belonging to, or used by, a rail participant to carry out a safety assessment.

give reasonable notice of the intended entry (unless the giving of that notice is likely to defeat the purpose of the entry); and

produce the warrant of authority and evidence of identity—

safety and licensing, including, without limitation, the authorisation of rail participants and rail personnel, and technical requirements and standards for, or in relation to, all or any rail vehicles, railway premises, or railway infrastructure:

the prevention of interference with all or any railways or railway premises:

any other matter contemplated by a provision of this Act.

set out standards and requirements relating to the behaviour of individuals on railways or railway premises, including, without limitation, standards and requirements concerning the conduct of rail personnel, passengers, or other individuals working on or using railways or railway premises:

regulate all traffic and all classes of traffic, and prohibit traffic or a class of traffic, either absolutely or conditionally, on railways:

set out standards and requirements concerning the use of safety equipment by rail personnel, passengers, or other individuals working on or using railways or railway premises.

regulate the use of railway lines, and empower access providers to control, restrict, and prohibit the use of a railway line, and to close railway lines in specified circumstances or on specified occasions:

set out standards, specifications, or codes of practice for the safety performance, design, construction, inspection, alteration, maintenance, or use of railway infrastructure or railway premises:

set out standards, specifications, or codes of practice for personal security and access:

provide for the design, specifications, construction, maintenance, and operation of notices and warning devices erected at level crossings:

set out the standards and requirements for forming, surfacing, and maintaining carriageways at level crossings:

set out standards and requirements concerning rail vehicles, including, without limitation, their construction, mass and dimensions, emissions, environmental requirements, loading requirements, identification, and fuel systems, and their repair, maintenance, modification, and inspection:

set out standards and requirements concerning systems, components, devices, fittings, or equipment to be incorporated in the construction of, fitted to, or carried in or on, rail vehicles, or to be used by the driver or any other person:

set out procedures to verify compliance with standards and requirements of the rules:

provide for the recording of, and making available of, information about rail vehicles (including, without limitation, their systems, components, devices, fittings, and equipment).

provide for the identification, classification, registration, authorisation (including, without limitation, licensing), examination, or testing of all or any of the following:

put in place a system or provide for the licensing of rail personnel, including, without limitation, provisions for the issue, endorsement, alteration, replacement, surrender, suspension, expiry, and revocation of licences:

specify different licensing requirements for persons of different experience, including, without limitation, requirements concerning the issue and expiry of licences:

provide for different classes of licences, and for the endorsement of licences for different purposes, and specify their effect:

specify the documentary evidence and other information to be submitted with applications for licences:

provide for—

specify the medical standards that any or all rail personnel must meet:

specify the requirements with respect to fitness for duty, including (but not limited to) the requirements designed to prohibit impairment or incapacity as a result of fatigue, illness, medication, drugs, alcohol, or any other factor:

provide for—

set standards for training systems and techniques, including, without limitation, recurrent training requirements:

specify the information to be given by persons applying for rail documents and specify the persons by and to whom the information must be given:

set out the requirements of systems and procedures to be used in the exercise of a power given to a person under a rule:

set out the responsibilities and required behaviour of rail participants and rail personnel, including, without limitation,—

provide for the appointment or approval of persons or organisations who are to carry out safety assessments or examinations or tests, certify things, issue rail documents, and provide other services under this Act:

require a person who applies for or holds a rail document to satisfy the Director that the person (or individual) is a fit and proper person, and—

provide for the issue, endorsement, alteration, replacement, surrender, expiry, suspension, and revocation of rail documents.

require or provide for a matter to be determined, undertaken, or approved by the Agency, the Director, or any other person, and empower the Agency, the Director, or any other person to impose requirements or conditions on the performance of activities:

specify standards, procedures, and requirements for the purposes of the rules:

impose conditions, restrictions, and prohibitions:

specify the definitions, abbreviations, and units of measurement to apply within any or all railways or railway premises:

prescribe, or provide for the approval of, forms, documents, and records for the purposes of the rules:

make transitional and savings provisions for the purposes of implementing any rule.

emergency rules under subsection (1):

a revocation under subsection (3).

has effect only in relation to a person on whom it is served under subsection (5); and

comes into force in relation to that person immediately after it is served on the person (even if it is not yet published).

exempt 1 or more named or specified persons, rail vehicles, rail vehicle components, railway premises, or other things, or any named or specified railway infrastructure, from 1 or more specified requirements in a rule made under this Act; or

exempt any class of person, rail vehicle, rail vehicle component, railway premises, railway infrastructure, or other thing from 1 or more specified requirements in a rule made under this Act.