Part 9: Level crossings

Last updated: December 2008. This document ceases to be a controlled document when printed. Please refer to the current version at www.landtransport.govt.nz

2  Responsibilities

2.8  Trespass

Trespass is legally defined in section 73 of the Railways Act 2005. It states, in part, that a person must not, without the authority of the appropriate access provider or railway premises owner:

• enter any railway infrastructure or railway premises
• encroach on any railway infrastructure or railway premises by constructing or placing any obstacle
• do any act in which a ditch, drain or watercourse is filled up, diverted, altered, stopped or obstructed
• dig up, remove, alter or undermine the soil or surface of any railway infrastructure or railway premises
• interfere with, change or move a structure or property in a manner that causes damage.

Access to the railway by easements or for works is covered in section 75 of the Railways Act. It states, in part, that no one may exercise a right under an easement or carry out work on, over or under any railway infrastructure or railway premises, without the prior written permission of the appropriate access provider or railway premises owner.

The access provider or railway premises owner must consult with any other rail participants who may be affected by the easement or work and, subject to a reasonable fee being paid, may issue a permit setting out the conditions under which any permission is granted.

The access provider or railway premises owner may refuse to grant a permit only if it has reasonable grounds in relation to the carrying out or safety of rail activities.

See Appendix C for requirements for working on or near the railway corridor.

< previous | next >