Compliance interventions

When Waka Kotahi NZ Transport Agency becomes aware of a breach of the Act that may require a compliance intervention, investigations get underway to determine whether a statutory response is required. On occasions where it is, the time and expenses spent developing, issuing and verifying the relevant compliance intervention are chargeable ($120/hr) from 1 January 2020. [11(3)(external link)].

Compliance interventions include:

• suspending or imposing temporary conditions on a licence under section 23(external link) of the Act
• revoking or imposing permanent conditions on a licence under section 24(external link) of the Act
• prohibiting or imposing conditions on the operation or use of a rail vehicle, a class of rail vehicle, or any railway infrastructure under section 28(external link) of the Act
• detaining or immobilising a rail vehicle, a class of rail vehicle, or any railway infrastructure to prevent its operation or use under section 28(external link) of the Act
• requiring the replacement or variation of a safety case under section 34(external link) of the Act
• requiring the preparation of a safety improvement plan under section 36(external link) of the Act
• giving notice that remedial action is necessary under section 42(external link) of the Act

Note: Time spent making enquiries and the investigation relating to a rail participant incident is not chargeable.