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Cook Islands Sessional Legislation |
COOK ISLANDS
Infrastructure Act 2019
No. 6, 2019
Contents
1. Title
2. Commencement
Part 1
Preliminary matters
3. Purpose
4. Principles
5. Act binds the Crown
6. Interpretation
7. Meaning of owner of interests in land
8. Enduring agreements
Part 2
Roads
Subpart 1––Proclamation and closing of roads
Proclamation of roads
9. Power to proclaim roads
10. Roads do not vest in the Crown
11. Effect of certain court orders
12. Court orders affecting accessways
13. Proclaiming accessway as a road
14. Closing of roads
15. Warrants about roads to be gazetted
Subpart 2––Roles and functions of Secretary and Island Governments with regard to roads
16. Responsibility for roads
Right of access to roads and associated land
17. Temporary right of access to associated land by Secretary, Island Government, or other infrastructure manager
Maintenance
18. Maintenance of roads
Removal of obstructions
19. Obstructions on roads
Part 3
Infrastructure (other than roads)
20 Application of this Part
Right of access to infrastructure and associated land
21 Temporary right of access of infrastructure managers to infrastructure and associated land
Maintenance
22 Maintenance of infrastructure
Network connections
23 Right of infrastructure manager to isolate or cut off connections
Part 4
The Pa Enua
24 Infrastructure manager in relation to Pa Enua
25 Pa Enua capital works
26 Functions of the Secretary in relation to Pa Enua
Part 5
General rights and obligations
Right of access
27 Nature of right of access
28 Identification requirements when exercising rights of access
Right to leave infrastructure in place
29 Right to leave infrastructure in place
General obligations and rights of infrastructure managers
30 Consultation with affected parties
31 Obligation to restore land
32 Obligations in relation to navigable waters
33 General obligation to obtain permission of affected infrastructure manager before undertaking certain works
34 Procedural requirements where permission sought
Use of accessways and roads for infrastructure purposes
35 Permission to dig up roads and sealed accessways
36 Obligations of infrastructure managers in relation to roads and sealed accessways
Vegetation
37 Definitions relating to dealing with vegetation
38 Vegetation on accessways
39 Vegetation on other land
40 Order permitting trimming and removal of vegetation
41 How much vegetation to trim and remove
Emergency and other powers
42 Emergency powers
43 Directions to occupiers or owners of land to clear or rectify road drainage or storm water drains
Part 6
Rights and obligations where land is used for infrastructure purposes
Infrastructure manager’s role when needing land
44 Acquiring land and interests in land
When road can be formed as new infrastructure constructed or installed
45 Forming road and constructing or installing new infrastructure on land
Infrastructure manager may apply to Court for order concerning land
46 Application for order if owner agreement not obtained
47 Orders as to infrastructure
Liability for damage to infrastructure
48 Liability for damage to infrastructure
Rights of owners, occupiers, and accessway managers
49 Application to relocate infrastructure
50 Application for order to prevent work or enforce conditions
51 Order to prevent work or enforce conditions or declare work unnecessary
Compensation
52 Overarching principle when determining issues of compensation
53 Applying for compensation
54 When compensation payable
55 When compensation is discretionary
Part 7
General and miscellaneous provisions
Protection of roads and other infrastructure
56 Power to require remedial action
Offences
57 Offence to interfere with infrastructure
58 Offences against personnel
Delegation
59 Delegation
60 Dispute resolution
Role of CIIC
61 Relationship between government departments and agencies and CIIC
Notices under this Act
62 Notice
Relationship with other legislation
63 Relationship with other legislation
Regulations
64 Regulations
Transitional and savings provisions
65 Transitional provisions applying where work not commenced
66 Transitional provisions applying where agreements or proceedings not concluded
67 Transitional provisions relating to Stage 2 Te Mato Vai
68 Savings provisions
Repeals and amendments
69 Repeals
70 Amendments to other Acts
Schedule
Amendments to Acts
An Act to—
(a) provide for the planning, delivery, and management of infrastructure;
and
(b) provide for the construction, installation, and maintenance of infrastructure; and
(c) set out the rights and obligations of infrastructure managers and occupiers and owners of land when installing, operating, and maintaining infrastructure.
The Parliament of the Cook Islands enacts as follows—
This Act is the Infrastructure Act 2019.
This Act comes into force on 1 July 2019.
Part 1
Preliminary matters
(1) The purpose of this Act is to—
- (a) provide for the planning, delivery, and management of those classes of infrastructure with which this Act deals; and
- (b) set out the rights of the infrastructure managers, and owners and occupiers of land, in relation to access to land for the purposes of the construction, installation, and maintenance of infrastructure; and
- (c) set out the rights of owners and occupiers of land whose land is affected by the construction, installation, operation, or maintenance of infrastructure.
(2) This Act deals with the certain classes of infrastructure, in particular those that––
- (a) comprise networks providing a reticulated service:
- (b) comprise roads and other accessways:
- (c) support shipping and aviation transport networks in the Pa Enua:
- (d) support appropriate land use, management, and utilisation.
(1) In performing functions and duties, making decisions, and exercising rights and powers under this Act, all persons must have regard to the following principles:
- (a) all infrastructure should be constructed or installed to an appropriate standard to ensure that it is sufficiently resilient to resist the impacts of climate change and the pressures of land use development:
- (b) infrastructure managers should collaborate to ensure that infrastructure is built or installed efficiently and co-operatively:
- (c) infrastructure managers should avoid having to build or install infrastructure more than once by taking account of other developments affecting the infrastructure so that installation or construction takes place once in a co-ordinated way:
- (d) the interests of members of the public must be taken into account when considering the impacts of private and public development on infrastructure:
- (e) when infrastructure is constructed or installed or maintained, the safety of the public (and in particular vulnerable members of the public) should be promoted through appropriate design and management practices:
- (f) infrastructure should be managed effectively, efficiently, and in an environmentally sound manner:
- (g) it is desirable to have fair, transparent, and accountable processes for managing disputes between––
- (i) the Government and owners:
- (ii) different owners:
- (h) it is reasonable to require individuals to accept some uncompensated loss of property and enjoyment of their property rights in order to ensure roads and other infrastructure of a high quality is provided for the general public in an efficient and cost-effective way.
This Act binds the Crown.
In this Act, unless the context otherwise requires,—
accessway means—
(a) any road; and
(b) any path, route, or way that is or has been habitually or customarily used by people to get from one place to another
accessway manager means—
(a) in relation to a road on Rarotonga, the Secretary:
(b) in relation to a road in the Pa Enua, the Island Government of the relevant island:
(c) in relation to any other accessway, the person who habitually or customarily maintains the accessway or, if it is not clear who that is, the main user of the accessway
alteration means,—
(a) in relation to an existing road, the widening or realignment of the road so that the road occupies more land than it did before or different land:
(b) in relation to other infrastructure, the enlargement or alteration of the shape of the infrastructure in such a way that the visual or environmental impact of the infrastructure is significantly changed
associated land, in relation to a road or other infrastructure, means land to which temporary access is needed by the infrastructure manager for purposes associated with the construction, alteration, or maintenance of the road or other infrastructure, where the land itself does not form part of, or underlie, the road or other infrastructure
CIIC means the Cook Islands Investment Corporation
constitution means the constitution of the Cook Islands
construct, in relation to forming new or altering existing infrastructure, includes all other steps reasonably necessary to plan for, design, and construct the infrastructure and any associated necessary structures and earthworks
Court means the High Court of the Cook Islands and a reference in any provision of this Act to the Court is, subject to any contrary direction of the Chief Justice in a particular case, a reference to,––
the civil division of that Court, in the case of civil proceedings:
the criminal division of that Court, in the case of criminal proceedings
emergency has the meaning given in section 42
end point,—
in the case of electricity, telecommunications, and water supply, means a point, determined by the infrastructure manager, at which
the amenity arrives at or enters a customer’s property or premises (as the case requires):
in the case of waste water and storm water, means the point at which the waste or storm water is no longer contained in pipes or
other conduits
enduring, in relation to an agreement between an infrastructure manager and an owner of land, means an agreement described in section 8
form, in relation to a road, means to construct the road over land that was not previously a road
ICI means the government department known as Infrastructure Cook Islands
ICI’s website means an Internet site operated by or on behalf of ICI that is freely available to members of the public
infrastructure––
includes––
(i) all physical assets owned by the Crown but managed by an infrastructure manager for the benefit of the public that are—
(A) road drainage:
(B) waste water networks:
(C) water networks:
(D) inland and coastal flood and erosion protection works (for example, foreshore protection, rock revetments, groynes, and retaining walls):
(E) wharves, harbours, and airports in the Pa Enua:
(F) solid and hazardous waste facilities:
(G) power generation equipment:
(H) telecommunications and data cabling; and
(ii) all roads; and
(iii) all reticulated infrastructure; and
(iv) hydro-electric storage and generation; and
(v) storm water drains; and
(vi) storm water networks; but
does not include––
(i) public buildings such as schools, hospitals, other government buildings, and community halls (other than reticulated infrastructure outside or inside those buildings):
(ii) ports and airports in Rarotonga:
(iii) airports in Aitutaki
infrastructure manager means,––
in the case of reticulated infrastructure (for example, infrastructure that provides water, power, and telecommunications) that
is either owned or managed by a State Owned Enterprise or other Crown owned company (other than the Cook Islands Government Property
Corporation or the Cook Islands Investment Corporation) or by another person that is not an instrument of the Crown,––
(i) the Crown owned company; or
(ii) the other person who owns or manages the reticulated infrastructure:
in the case of other infrastructure of the following kinds on Rarotonga, the
Secretary:
(i) roads:
(ii) road drainage:
(iii) storm water drains:
(iv) inland and coastal flood and erosion protection works:
(v) solid and hazardous waste facilities:
(c) in the case of infrastructure on any island in the Pa Enua that is managed for the public benefit, for example, (ports and airports), the executive officer of the Island Government acting as the infrastructure manager under section 24
install, in relation to infrastructure (other than roads), includes all steps
(including planning and designing) reasonably necessary—
to install or construct new infrastructure; or
to replace or upgrade existing infrastructure, but only if the replacement or upgrade is either significantly larger than, or has
a physical footprint significantly different from, the infrastructure it replaces or upgrades
Island Government means an Island Government established under the Island
Government Act 2012-2013
link means a pipe, wire cable, or other conduit through which a reticulated service is conveyed
maintaining,––
(a) in relation to a road, has the meaning set out in section 18:
in relation to other infrastructure, has the meaning set out in section 22
Minister means the Minister who, with the approval of the Prime Minister, is the Minister for the time being responsible for the administration of this Act
network means a physical system comprised of 1 or more links that collectively comprise the network infrastructure that is used to convey reticulated services on, under, or over land or water
occupier, in relation to land, means the person in physical occupation of the land, and,—
if there is more than 1 such person, the occupier is—
(i) the head of the household that occupies that land; or
(ii) the person who is or claims to be the senior occupier; and
if the occupier is evidently a short-term occupier only, the occupier is the person who allowed that short-term occupation
owner means an owner of interests in land
owner of interests in land has the meaning given in section 7
Pa Enua means the outer islands (administered by Island Governments of the
Cook Islands)
permit includes a consent or any other form of authorisation
public holiday means a public holiday under the Public Holidays Act 1999
regulations means regulations made under this Act
reticulated infrastructure means each and all of the physical components between the start point of a network and the end point of the network and—
includes, without limitation,—
(i) all pipes, drains, wires, cables, or other conduits through which the amenity flows or is transmitted; and
(ii) all structures and fittings used in connection with the conduits, such as poles, manholes, and substations; but
does not include—
(i) the start point of the network or anything before it; or
(ii) anything beyond the end point of the network; or
(iii) in the case of storm water, streams, rivers, or lakes
reticulated service means the provision (either directly or indirectly) of any of the following amenities to the general public by means of reticulated infrastructure:
electricity:
telecommunications (including data), but only if provided via wires, cables, or other physical conduits:
water supply:
waste water:
storm water drainage
right of access means a right of a kind described in sections 17 and 21
road—
means—
(i) any road existing or proclaimed under the Cook Islands Act 1915 or section 9 of this Act as a road; and
(ii) any road named in a list of roads in regulations and designated by those regulations as a road for the purposes of this subparagraph; and
(b) includes (within the road boundary)—
- (i) the berm alongside the road; and
- (ii) any pavement alongside the road; and
- (iii) any public parking spaces, whether formed or not, alongside the road; and
- (iv) any bridges, ferries, and fords that form part of the road; and
- (v) any retaining walls, culverts, drainage works, and associated structures and earthworks necessary for the structural integrity of the road; and
- (vi) the public rights of way associated with the land that comprises the road
road drainage means the gully traps, drains, culverts, and drainage systems, and also created soak pits and storm water runoff necessary to ensure that a road drains effectively
roads schedule means a list of roads set out in regulations and designated by those regulations as roads for the purposes of paragraph(a)(ii) of the definition of road
Secretary means the head of ICI
standards means––
(a) standards applied, incorporated by reference, or prescribed in regulations that relate to the construction or maintenance of roads or other public infrastructure:
(b) standards issued or adopted by an accessway manager or public infrastructure manager that––
- (i) are authorised by regulations; and
- (ii) relate to the construction, alteration, or maintenance of roads or other infrastructure
start point, in relation to reticulated infrastructure,—
(a) in the case of electricity, telecommunications, and water supply, means a facility, structure, or piece of equipment located on an island that the relevant infrastructure manager determines is, for that island, the place from which reticulation to the public begins:
(b) in the case of waste water, means the point at which the waste water from a customer’s property first mingles with waste water or storm water from another person’s property:
(c) in the case of storm water, means the point at which storm water first enters a storm water drain that is named or shown as forming part of a storm water network
storm water drain––
(a) means any drain, watercourse or other natural or engineered route that drains (or is intended to drain) storm water (whether or not forming part of a storm water network) and that is named in a list or shown on a map set out in the regulations; and
(b) includes every pipe, swale, weir, drain, culvert, or constructed drain that is named in that list or shown on that map as forming part of the storm water drain
vegetation means any part of a plant, including its foliage, branches, trunk, and roots
working day means any time between 8 am and 4 pm on any day of the week other than—
a Saturday, Sunday, or public holiday; or
a day in the period commencing on 20 December in any year and ending on 10 January in the following year.
(1) For the purposes of this Act, an owner of interests in land or owner is any of the following:
- (a) in the case of land that has been investigated and is not subject to a lease with a remaining term of more than 15 years (including rights of renewal),—
- (i) if the land is subject to an occupation right, the holder of the occupation right:
- (ii) if the land is subject to a vesting order, the holder of the vesting order:
- (iii) if the land is not subject to an occupation order or to a vesting order, the native freehold owner:
- (b) in the case of land that has been investigated and is subject to a lease with a remaining term of more than 15 years (including rights of renewal), the holder of that lease:
- (c) in the case of land on any of the following islands that has not been investigated, the customary owners:
- (i) Mitiaro:
- (ii) Mangaia:
- (iii) Nassau:
- (iv) Palmerston:
- (v) Pukapuka:
- (d) in the case of land that has not been investigated and is on any island other than those listed in paragraph (c), the landowner determined by the court:
- (e) in the case of Crown land, the Crown:
- (f) in the case of freehold land other than native freehold land, the owner of that land.
(2) If, for any particular land, there is more than 1 owner as described in subsection
(1), every reference in this Act to an owner must be taken to be a reference to—
(a) each of those owners; or
(b) each and any person authorised by the Court or any owners to represent some or all of the owners.
(3) Subsection (1)(b) is subject to section 53(3) (which relates to the rights of owners of land).
(1) An agreement, or part of an agreement, about land is enduring if—
- (a) it is between an owner and an infrastructure manager; and
it is about any of the following:
(i) the location of––
- (A) a road constructed or to be constructed on the land:
- (B) any other infrastructure installed or to be installed on the land:
(ii) compensation payable to the owner in respect of that construction or installation;
(iii) conditions relating to the construction or installation or maintenance of infrastructure; and
if entered into after this Act comes into force, it is in writing and signed by all parties.
(2) Except as provided in the agreement itself, an agreement that is enduring runs with the land described in it, and is therefore not affected by—
- (a) the sale, transfer, or other dealing with the land (whether of legal or customary effect); or
- (b) the expiration or termination of any lease over the land; or
- (c) the cancellation or expiry of any occupation right or vesting order relating to the land; or
- (d) the death of any signatory; or
- (e) a change in the name or ownership of the infrastructure manager.
(3) If the Court makes an order under section 47, that order is to be treated as if it were an enduring agreement, unless or until, and only to the extent that, it is subsequently varied by agreement between the parties or by the Court.
Part 2
Roads
Subpart 1––Proclamation and closing of roads
Proclamation of roads
(1) The Queen’s Representative may, by warrant, proclaim any land as a road.
(2) The Queen’s Representative must not make a proclamation unless––
- (a) the survey plan of the road details all necessary road drainage and land needed for that road drainage; and
- (b) the Secretary has certified to the Queen’s Representative that the road, so far as is reasonably practicable, meets the requirements of this Part.
(3) Every owner who suffers loss or damage by reason of that proclamation is entitled to compensation for that loss or damage in the manner set out in Part 6.
Compare: 1915 No 40 s 606 & 607
(1) A road is not, because of its proclamation, vested in the Crown, but––
- (a) is in the possession of the Crown; and
- (b) continues to be owned by the owners of the underlying land as if no public right of way existed in respect of the road.
(2) This section does not take away any title to any road acquired by the Crown before the coming into force of this Act.
Compare: 1915 No 40 s 608
An order of the Land Division of the High Court in respect of land does not affect the existence of any road existing on that land at the date of the order.
(1) This section applies to any of the following orders of the Court:
- (a) any order on investigation of title:
- (b) any partition order:
- (c) any order granting a right of way.
(2) The Court may lay out an accessway only if that accessway is first certified by the Chief Surveyor as complying with the requirements of this Act.
(3) Subject to subsection (2), the Court may lay out an accessway as it thinks will allow best occupation and use of the land served by that accessway.
(1) The Queen’s Representative may by warrant proclaim any accessway as a road.
(2) Compensation is not payable in respect of that proclamation except to the extent that its footprint, as proclaimed, is significantly larger than, or has a physical footprint significantly different from, the accessway it replaces or upgrades.
(3) Until and unless the Queen’s Representative has proclaimed an accessway as a road, the Court may cancel or modify any order by which that accessway has been laid out.
(4) Any owner may dedicate a road, subject to the approval of,––
- (a) in the case of Rarotonga, the Secretary:
- (b) in the case of any other island, its Island Government.
(5) A dedication under subsection (4) is not an alienation of land for the purposes of the Cook Islands Act 1915.
Compare: 1915 No 40 s 612
(1) The Queen’s Representative may by warrant close, in whole or in part, any road.
(2) The Queen’s Representative may not close a road if to do so would leave any land without any immediate access to either a road or an accessway.
(3) When a road is closed, that closure does not affect––
the legal status of any infrastructure under, on, or above that road; or
the rights of any infrastructure manager under this Act.
Compare: 1915 No 40 s 613
(1) A warrant of the Queen’s Representative under this Part must be––
- (a) issued under the Seal of the Cook Islands; and
- (b) published in the Gazette.
(2) A warrant takes effect according to its terms upon its publication in the Gazette
or any later date specified in the warrant. Compare: 1915 No 40 s 614
Subpart 2––Roles and functions of Secretary and Island Governments with regard to roads
(1) The following are responsible for exercising the Crown’s functions of forming, altering, maintaining, and repairing roads:
- (a) on Rarotonga, the Secretary:
- (b) on each island of the Pa Enua, the Island Government of that island.
(2) A person having responsibility for a road under this section must––
(a) manage the physical condition of that road; and
(b) ensure that any new road is formed and any existing road is maintained, in each case,––
(i) in accordance with this Act and regulations made under this Act; and
(ii) in compliance, so far as is reasonably practicable, with all relevant standards.
(3) Neither the Crown nor any person having responsibility for a road under this section is liable in civil proceedings for harm arising from a failure to maintain a road or to consider maintenance of a road.
(4) The Secretary must––
(a) develop protocols with the Commissioner under section 3of the Transport Act 1966 about the operation of roads in Rarotonga and share those protocols with Island Governments for application in the Pa Enua (with or without modifications):
(b) plan for changes to roading in both Rarotonga and (whenever asked to do so by an Island Government) the relevant Island in the Pa Enua.
Right of access to roads and associated land
Government, or other infrastructure manager
(1) This section applies only to—
- (a) the Secretary, in the case of Rarotonga; and
- (b) the Island Government of each island of the Pa Enua, in the case of that island; and
- (c) another infrastructure manager who needs to have access to land to carry out the infrastructure manager’s functions.
(2) For the purpose of investigating possible new roads or alterations to existing roads, and for any other prescribed purpose, the Secretary, Island Government, or other infrastructure manager has a right of access to any land––
- (a) without prior notice to the occupier or owner, as long as the access does not disturb the land or vegetation on it in more than a minor way; and
- (b) with prior reasonable notice to the occupier or owner, if the access will require disturbance to the land or vegetation on it in more than minor way.
(3) The Secretary, Island Government, or other infrastructure manager has a right of access to associated land for the purpose of forming new roads, making alterations to existing roads, and maintaining any road, but must give prior reasonable notice to the owner or occupier.
(4) Notice required under this section may be given in the way set out in section 62.
Maintenance
(1) A reference in this Act to maintaining a road includes—
- (a) grading, sealing, resealing, repairing, or cleaning the road; and
- (b) replacing or repairing any markings, signs, or barriers on the road; and
- (c) trimming or removing any vegetation that is on the berm, or is damaging or threatening to damage the road, or overhanging or threatening to overhang the road so as to obscure visibility; and
- (d) making minor improvements such as adding markings and reflective markers (for example, cat’s eyes).
(2) All trimming and removal of vegetation under this section must be done as required by sections 37 to 41.
Removal of obstructions
The Secretary or the relevant Island Government, as the case requires, may remove any thing, without notice to, or the consent of, the owner of the thing, from the road or land adjoining that road (including privately owned land)
that––
(a) obstructs traffic or otherwise creates a safety hazard (for example, an advertising hoarding that obstructs the vision of drivers); or
(b) may cause or contribute to flooding or otherwise create a risk of damage to the road.
Part 3
Infrastructure (other than roads)
This Part applies in respect of all infrastructure other than roads.
Right of access to infrastructure and associated land
(1) For the purposes set out in subsection (2)––
- (a) a right of access to any land—
- (i) without prior notice to the occupier or owner of the land, as long as the access does not disturb the occupier or the land or vegetation on it in more than a minor way; and
- (ii) with prior reasonable notice to the occupier or owner of the land, if the access will require disturbance to the occupier or the land or vegetation on it in more than a minor way:
- (b) a right of access to associated land, with prior reasonable notice to the occupier or owner of the land.
(2) The purposes are––
- (a) investigating possible new infrastructure or alterations to existing infrastructure:
- (b) constructing or installing new infrastructure:
- (c) altering existing infrastructure:
- (d) maintaining existing infrastructure:
- (e) any other prescribed purpose.
(3) Notice required under this section may be given in the way set out in section 62.
(4) To avoid doubt, this section does not confer any right or interest in land in the
infrastructure manager.
Maintenance
(1) A reference in this Act to maintaining infrastructure includes doing any of the following:
- (a) maintaining or repairing the infrastructure:
- (b) changing, replacing, or upgrading the infrastructure in any way:
- (c) trimming or removing any vegetation (including vegetation on adjacent land):
- (d) removing the infrastructure:
- (e) removing any thing that is likely to damage or impair the operation of the infrastructure.
(2) All trimming and removal of vegetation under this section must be done as required by sections 37 to 41.
Network connections
(1) An infrastructure manager who owns or operates a network may isolate or cut off a particular connection from the rest of its network if it believes on reasonable grounds that—
it is necessary or desirable to isolate or cut off the connection to protect––
(i) the rest of that, or any other, reticulated infrastructure; or
(ii) the delivery of that, or any other, reticulated service.
(2) Before isolating a connection under this section, the infrastructure manager must (except in an emergency) give written notice to the person who the infrastructure manager believes to be the customer using the connection that,—
- (a) if the problem is capable of being remedied by the customer, sets out the steps that the customer must take to avoid the connection being isolated; and
- (b) sets out the date and time when the connection will be isolated if the problem is not remedied earlier.
(3) A notice required by this section may be given in the way set out in section
62.
Part 4
The Pa Enua
(1) Each Island Government is the infrastructure manager in relation to its island.
(2) However, this does not affect the ability of each Island Government to delegate its responsibilities as infrastructure manager.
(3) This section is subject to section 25.
(1) If Parliament appropriates money to be spent on capital works in the Pa Enua, then, as a condition of the release of that money for those purposes, the relevant Island Government must––
- (a) enter into a service contract with another infrastructure manager under section 63(1)(b) of the Island Government Act 2012-2013 under which that infrastructure manager has overall project control and management (those services to be provided without cost to the Island Government); or
(2) enter into a project management contract with a project manager with international experience and qualifications reasonably acceptable to the Financial Secretary, acting on the advice of the Secretary and any third party donor or stakeholder in the project (with the Island Government assuming responsibility for the payment for those services). The terms of any contract referred to in subsection (1) and the manner in which that contract is performed by the Island Government must enable the prudent management of the fiscal risks facing the Crown in the design, construction, installation, and future maintenance of those capital works.
(1) The Secretary must, on request by an Island Government, provide that
Government with––
(a) planning, design, and technical support in relation to––
- (i) any existing or proposed reticulated service; and
- (ii) the construction, installation, maintenance, or alteration of infrastructure:
(b) asset management and infrastructure planning support in Pa Enua.
(2) Subsection (1) does not apply in relation to the port and airport services and facilities in Aitutaki.
Part 5
General rights and obligations
Right of access
(1) If an infrastructure manager has a right of access in relation to infrastructure located on, under, or over land or an accessway, the infrastructure manager may, at any reasonable time,—
- (a) enter and re-enter the land or accessway on foot, in a vehicle, by boat, or by aircraft or drone; and
- (b) bring on and, if necessary, leave any equipment, appliances, or machinery needed to do the work on the land or accessway; and
- (c) do whatever is necessary to do the work, including taking steps to prepare for the work and to remediate the land or accessway following completion of the work.
(2) A right of access under this Act must be exercised solely for the purpose for which the right is given (that is, for constructing, installing, or maintaining infrastructure, or trimming and removing vegetation that creates a risk to infrastructure).
(3) Every right of access under this Act must be exercised in accordance with—
- (a) the requirements of this Act; and
- (b) any applicable conditions in an agreement between the accessway manager or occupier or owner of the land, as the case may be, and the infrastructure manager; and
- (c) if the right is granted by the Court, any conditions imposed by the Court.
(4) A right of access may be exercised by any employee, contractor, subcontractor of a contractor, or other agent of the infrastructure manager who has the right, but only if each person is acting within his or her scope of authority.
(5) A right of access under this Act is not an alienation of land for the purposes of the Cook Islands Act 1915.
(1) Any person who works for an infrastructure manager must, while exercising access rights under this Act on behalf of the infrastructure manager,—
- (a) carry evidence identifying the infrastructure manager for whom the person is working; and
- (b) produce that evidence to any person claiming to be, or authorised to act for, the landowner, occupier, or accessway manager (as the case requires).
(2) However, a person is not required to comply with subsection (1) while he or she is working under the immediate control of a person who—
- (a) is present on the land or accessway; and
- (b) complies with subsection (1).
(3) However, before beginning work, the infrastructure manager must give reasonable notice, by hand-delivery,—
- (a) with respect to the accessway itself, to the accessway manager:
- (b) with respect to any associated land, to the occupier of the land.
(4) This section is subject to section 62 (which relates to notice).
Right to leave infrastructure in place
(1) An infrastructure manager has a right to leave its infrastructure in place indefinitely if the infrastructure is located on, under, or over an accessway or land and—
- (a) has been installed before the date on which this Act comes into force; or
- (b) is installed in accordance with this Act on or after the day when this Act
comes into force.
(2) Despite subsection (1), the right to leave infrastructure in place may be extinguished by and is subject to––
- (a) the terms of an enduring agreement:
- (b) an order of the Court.
General obligations and rights of infrastructure managers
(1) An infrastructure manager must take into account the consideration that the rights and interests of other people are affected by the construction, installation, and maintenance of infrastructure.
(2) When exercising rights under this Act relating to land or accessways, an infrastructure manager must take all reasonable steps to reach agreement with the occupiers and owners of land and accessway managers about the manner in which those rights are exercised.
(3) Subsection (2) is subject to sections 17 and 21 (relating to temporary access).
(4) Before undertaking substantial work involving infrastructure, an infrastructure
manager must make reasonable inquiries (if necessary by public notice) of
people within the Cook Islands to find out what concerns or objections there might be to the proposed work from—
(a) any owners or occupiers of land and accessway managers who may be affected by the work; and
(b) other infrastructure managers; and
(c) the general public.
(5) Infrastructure managers must co-operate with each other and with accessway managers to ensure that land and accessways are disturbed as infrequently and as little as possible.
If, during the exercise of its powers under this Act, an infrastructure manager causes damage to any land, then unless an enduring agreement provides otherwise the manager must restore the land—
(a) in the manner set out in any relevant project permit or consent issued under the
Environment Act 2003; and
(b) in the manner set out in any specific clauses in any relevant environmental impact assessment document relevant to that project permit; and
(c) as reasonably required by the owner.
If an infrastructure manager places infrastructure on, under, or over any navigable waters, the infrastructure manager must—
(a) ensure that the infrastructure does not interfere with navigation in any way; and
(b) carry out any installation or maintenance work in connection with that infrastructure at a time and in a way that minimises interference with navigation.
(1) This section applies to a person who––
- (a) wishes to do anything that will or may materially affect––
- (i) the condition of a road or its use; or
(ii) access to a road; or
(iii) the condition of other infrastructure or its use; or
(iv) access to that infrastructure or the service it provides:
(b) wishes to construct, alter, or maintain any road or other infrastructure:
(c) wishes to connect any accessway to any road.
(2) That person must advise the relevant infrastructure manager of the proposed activity and request permission to do that thing.
(3) The infrastructure manager may impose conditions on that person under this section,––
(4) If the proposed activity requires a permit under any other enactment, the infrastructure manager may, either generally or in the circumstances of any particular case,––
- (a) make arrangements with the relevant permitting agency to ensure all matters requiring consideration under this section are communicated to that agency for consideration in its decision-making process:
- (b) make submissions to that agency as to the matters required to be considered under this section and the conditions that should be imposed under any permit that agency may grant.
(5) Without limiting subsections (1) to (4), a person must not connect any accessway to a road without the prior written permission of––
- (a) the Secretary, in respect of any road on Rarotonga:
- (b) the relevant Island Government, in respect of any road in the Pa Enua.
(1) An infrastructure manager who receives a request under section 33––
- (a) must deal with the matter promptly, and in any case within 20 working days after receipt of the request; and
- (b) may, by notice to the person seeking permission,––
- (i) grant permission, with or without conditions (including conditions as to security for reinstatement costs); or
- (ii) request further information, in which case the time period for dealing with the request for approval is extended to 20 working days after receipt of the request for further information; or
- (iii) refuse permission, in which case the infrastructure manager must set out the reasons for the refusal.
(2) If the infrastructure manager does not respond to a request within 20 days after receipt of the request, that person is entitled to––
- (a) assume that permission has been granted, with no conditions imposed;
and
(b) start work immediately, while complying with the requirements of all other enactments.
(3) If the infrastructure manager refuses permission, or grants permission only with conditions that are not acceptable to that person, and dispute resolution under section 60 is unsuccessful, the person may apply to the Court for an order under this section.
(4) After considering the application, the Court may––
- (a) make an order giving the permission sought, with or without conditions specified by the Court; or
- (b) refer the matter back to the infrastructure manager for further consideration; or
- (c) deny the application.
Use of accessways and roads for infrastructure purposes
(1) Despite section 36(1)(c), an infrastructure manager must ask permission from the relevant manager before digging up any road or accessway that is formed with an engineered surface (eg, a surface of chipseal, concrete, tar, or another bituminous product).
(2) A relevant manager who receives a request under this section—
- (a) must deal with the matter promptly, and in any case within 20 working days after receipt of the request; and
- (b) may, by notice to the infrastructure manager,—
- (i) grant permission, with or without conditions (including conditions as to security for reinstatement costs); or
- (ii) refuse permission, in which case the accessway manager must set out the reasons for the refusal.
(3) If the relevant manager does not respond to a request within 20 days after receipt of the request, the infrastructure manager is entitled to—
- (a) assume that permission has been granted, with no conditions imposed;
and
(b) start work immediately.
(4) If the relevant manager refuses permission, or grants permission only with conditions that are not acceptable to the infrastructure manager, and dispute resolution under section 60 is unsuccessful, the infrastructure manager may apply to the Court for an order under this section.
(5) After considering the application, the Court may—
- (a) make an order allowing the infrastructure manager to dig up the accessway, with or without conditions specified by the Court; or
- (b) refer the matter back to the accessway manager for further consideration;
or
(c) deny the application.
(6) In this section, relevant manager means,––
- (a) in the case of a road, the infrastructure manager who is responsible for the road:
- (b) in the case of an accessway, the accessway manager who is responsible for the accessway.
(1) When an infrastructure manager exercises rights of access in relation to a road or an accessway, or a right to dig up a sealed road or accessway, the infrastructure manager must—
- (a) take all reasonable steps to minimise obstruction and interference to both vehicular traffic and foot traffic; and
- (b) take all reasonable steps to mark obstructions and minimise hazards caused by the work; and
- (c) not start to dig up or disturb the surface of any formed accessway without having the means and materials to fully restore the surface to at least as good a condition as the surface was in before the work started; and
- (d) restore the accessway to at least as good a condition as it was in before the work started; and
- (e) monitor all restoration work for at least 90 days after the work is finished, and carry out any further restoration work needed for any reason (such as for subsidence); and
- (f) comply with all conditions relating to access or the right to dig up the accessway.
(2) An infrastructure manager must ensure that its permanent infrastructure on or over an accessway does not interfere with normal traffic along the accessway.
Vegetation
(1) The right to trim and remove vegetation under this Act—
- (a) is the right to, at any reasonable time, trim, cut, or dig up any vegetation and to remove it; and
- (b) includes a right of access to any accessway or open land required for that purpose.
(2) Vegetation creates a risk to infrastructure if—
- (a) the vegetation damages, obstructs, or interferes with all or any part of the infrastructure; or
- (b) the relevant infrastructure manager believes on reasonable grounds that the vegetation is likely, either immediately or shortly, to damage, obstruct, or interfere with all or any part of the infrastructure.
(3) The person responsible for vegetation is,—
- (a) in relation to vegetation that has been intentionally placed on, or incorporated in, any part of an accessway by an accessway manager, that accessway manager; and
- (b) in relation to any other vegetation that intrudes on, under, or over any part of an accessway from adjoining land, the occupier of that adjoining land:
- (c) in relation to vegetation affecting infrastructure on land, the occupier of the land.
(1) If vegetation that creates a risk to infrastructure is located on, under, or over an accessway, the infrastructure manager—
- (a) has a right to trim and remove the vegetation at its own cost; but
- (b) may instead ask, under section 39(1)(b), the person responsible to trim and remove the vegetation, in which case section 39 applies.
(2) The person responsible for the vegetation and any occupier of associated land may, if dispute resolution under section 60 is unsuccessful, apply under section
50 for an order under section 51—
(a) preventing the infrastructure manager from exercising its right to trim and remove the vegetation under this section; or
(b) requiring the infrastructure manager to exercise its right only in accordance with any conditions relating to the way in which the work is to be undertaken that were agreed with the person responsible or imposed by the Court.
(1) If vegetation that creates a risk to a road or other infrastructure is located on, under, or over land that is not an accessway, the infrastructure manager may—
- (a) ask the person responsible for the vegetation to trim and remove it at the person’s own cost; or
- (b) seek permission from the person responsible to exercise the right to trim and remove it.
(2) If, within 7 days after making a request under subsection (1), the person responsible indicates that he or she does not want the vegetation trimmed or removed, or wants to impose conditions that the infrastructure manager does not agree to, the manager may seek an order under section 40.
(3) If, within 7 days after making a request under subsection (1), the person responsible has not trimmed and removed the vegetation but has either agreed to, or not responded to, the request, the infrastructure manager may exercise its right to trim and remove the vegetation, at its own cost.
(4) The person responsible for the vegetation and any occupier of associated land may, if dispute resolution under section 60 is unsuccessful, apply under section
50 for an order under section 51—
(a) preventing the infrastructure manager from exercising its right to trim and remove vegetation; or
(b) requiring the infrastructure manager to exercise its right only in accordance with any conditions relating to the way in which the work is to be undertaken that were agreed with the person responsible or imposed by the Court.
(1) If a person responsible for vegetation refuses to give an infrastructure manager the right to trim or remove it, the infrastructure manager may, if dispute resolution under section 60 is unsuccessful, apply to the Court for an order giving it the right to trim and remove specified vegetation.
(2) The Court may make the order, with or without conditions, after considering––
- (a) the extent of the risk to the infrastructure that the vegetation poses; and
- (b) the reasons that the person responsible gives for not wanting the
vegetation trimmed or removed, or for any conditions the person wants
placed on any trimming and removal.
(3) If the Court makes an order under this section, the person responsible for the vegetation must pay the infrastructure manager’s reasonable costs for doing the work unless the Court orders otherwise.
(4) If the person responsible for the vegetation disputes the amount of the infrastructure manager’s costs, the costs may be fixed,—
if the amount in dispute is less than $3,000, by the Registrar; or
Otherwise, by the Court.
(1) If an infrastructure manager trims and removes vegetation during the construction, maintenance, or installation of infrastructure, or when the vegetation is creating or is likely to create a risk to infrastructure, the infrastructure manager is entitled to remove the vegetation beyond the footprint of the existing or proposed infrastructure to a distance of—
- (a) 2 metres on flat terrain; and
- (b) 3 metres on hilly terrain.
(2) However, in all cases the infrastructure manager must be reasonably satisfied that no more vegetation is removed than is necessary to prevent the vegetation creating a risk to the infrastructure.
(3) In making a judgement about how much vegetation to trim and remove, an infrastructure manager must take into account the expected rates of growth and other characteristics of the vegetation.
(4) When trimming and removing established and mature trees, an infrastructure manager must apply best arborist and environmental practice.
(5) An infrastructure manager must dispose of all trimmed and removed vegetation in an environmentally responsible way.
Emergency and other powers
(1) This section applies in each of the following situations (an emergency), and overrides anything else in this Act:
- (a) one or more people have suffered, or are at imminent risk of suffering, serious injury from an unexpected event or situation involving a road or other infrastructure:
- (b) material damage to property has occurred, or is at imminent risk of occurring, from an unexpected event or situation involving a road or other infrastructure:
- (c) there is a risk to public health or safety created by a road or other infrastructure:
- (d) an event has happened, or is imminent, that has caused or is likely to cause significant disruption to any service provided by the road or other infrastructure.
(2) In an emergency, an infrastructure manager has a right of access to any accessway or land, without giving notice to or obtaining consent from any person, if the access is urgently required for the purpose of doing any work necessary to—
- (a) protect any person from injury; or
- (b) protect property from material damage; or
- (c) protect public health or safety; or
- (d) protect or restore infrastructure; or
- (e) prevent environmental damage; or
- (f) protect against the loss of resources.
(3) However, if the work is necessary only to protect or restore infrastructure, the infrastructure manager must give at least oral notice to the occupier of the land or the accessway manager if that is reasonably possible in the circumstances.
(1) An infrastructure manager may direct an occupier or owner of land on which there is road drainage or storm water drainage to clear a specified drain if the infrastructure manager believes that the drain is presenting or may present a risk of flooding or other damage to the infrastructure.
(2) An infrastructure manager may direct an occupier or owner of land to rectify a specified drain, if the infrastructure manager believes on reasonable grounds that the occupier or owner has altered the drain in a way that presents or may present a risk of flooding or other damage to infrastructure.
(3) The occupier or owner of land must clear or rectify the drain within 30 days of receiving a direction under subsection (1) or (2).
(4) However, the occupier or owner may apply to the Court under section 50 for an order under section 51 that the occupier or owner is not required to clear or rectify the drain.
Part 6
Rights and obligations where land is used for infrastructure purposes
Infrastructure manager’s role when needing land
(1) If an infrastructure manager needs to acquire land, or an interest in land, for the purpose of constructing new infrastructure, or altering existing infrastructure, the infrastructure manager must seek the agreement of the owner or owners of the land.
(2) If reasonable attempts by the infrastructure manager to obtain an enduring agreement with those owners have failed, the infrastructure manager may, if dispute resolution under section 60 is unsuccessful, apply to the Court, using the procedures set out in section 46, and seek an order to––
- (a) confirm that the infrastructure manager may construct that new infrastructure or alter that existing infrastructure; and
Court is satisfied is appropriate and reasonable in the circumstances; and
(c) direct the length of term and other terms and conditions (including financial terms and conditions) on which that right or interest is to be granted; and
(d) determine any other appropriate compensation.
(3) Nothing in this section––
- (a) affects the powers of the Crown under Part 10 of the Cook Islands Act
1915 in any case where an infrastructure manager has been unsuccessful
in obtaining both an enduring agreement and a Court order; or
(b) permits a person (other than the Crown acting for public purposes) to acquire native freehold land for an estate in fee simple or for any other freehold interest, whether legal or equitable.
When road can be formed as new infrastructure constructed or installed
(1) This section applies to land that is not an accessway.
(2) After this Act comes into force, an infrastructure manager may form a road or install other new infrastructure on land only––
- (a) in accordance with an enduring agreement entered into with the owner or owners of the land; or
- (b) under an order of the Court made under section 47.
(3) For the purposes of this section, infrastructure that is installed to replace existing infrastructure at the same location and has physical dimensions and characteristics that are no more intrusive than that existing infrastructure, is not new infrastructure.
Infrastructure manager may apply to Court for order concerning land
(1) An infrastructure manager may apply to the Court for an order under section 47 if the infrastructure manager is unable to enter into an enduring agreement concerning land for any reason, including because––
- (a) one or more owners are unable or unwilling to enter into negotiations and dispute resolution under section 60 is unsuccessful; or
- (b) negotiations between the parties have broken down or there are unreasonably long delays in progressing negotiations and dispute resolution under section 60 is either unsuccessful or inappropriate; or
- (c) agreement has been reached with some owners but it is necessary or desirable to commit all owners and dispute resolution under section 60 is either unsuccessful or inappropriate.
(2) If an application under this section is filed by an infrastructure manager, it must be served as direction by the Court.
(3) Without limiting subsection (2), the Court may request the Registrar to convene and conduct a meeting of owners in the same way as for a meeting of assembled owners under the Land (Facilitation of Dealings) Act 1970. The provisions of Part II of that Act apply to that meeting.
(4) The Court is entitled to make an order under this Act regardless of the outcome of that meeting, but it must, in considering the application, treat any resolution as representing the agreed position of the owners of the land.
(5) At the hearing of an application under this section, the following may give evidence and address the Court in support of, or opposition to, the application:
- (a) the applicant:
- (b) every person served with notice of the application:
- (c) any person who satisfies the Court that the person would be affected by the proposed work to a greater degree than a member of the public generally:
- (d) any incorporated society or other recognised body that advocates on environmental matters and seeks to be heard on issues of that sort.
(6) This section does not limit–
- (a) any other power or discretion of the Court:
- (b) the power of the Court to direct further meetings with owners.
(1) The Court may make an order under this section if the Court is satisfied that,––
- (a) in the case of forming a road or constructing or installing other new infrastructure,––
- (i) forming of the road or the construction or installation of the other new infrastructure is reasonably necessary; and
- (ii) any alternative land that could be used for the infrastructure manager’s purposes would involve that manager in unreasonable costs or technical difficulties:
- (b) in the case of an application made under section 46, it is reasonable and appropriate in the circumstances that the Court make the order requested:
- (c) in each case,––
- (i) the infrastructure manager has taken all reasonable steps to obtain the consent of all owners required to be served; and
- (ii) the infrastructure manager has complied with other relevant requirements of this Act; and
- (iii) the conditions of the order are fair and reasonable to all parties.
(2) An order made under this section––
- (a) is to be treated for all purposes as if it were an enduring agreement
between the parties named in it; and
(b) may be subject to any conditions the Court thinks fair and reasonable, including the following:
- (i) conditions relating to the exercise of the rights of access to the land and any associated land:
- (ii) how and when specific work may or must be done:
- (iii) whether compensation is payable to any person and, if so, how much; and
(c) may specify who is to be served with the order and how service is to be effected.
(3) An infrastructure manager acting under the authority of an order made under this section must not exercise any right of access under section 17 or 21 until at least 3 working days after the order has been served on all parties required to be served with it.
(4) Subject to any direction of the Court to the contrary, notice required under this section may be given in the way set out in section 62.
Liability for damage to infrastructure
(1) A person who damages any infrastructure is liable to the infrastructure manager for the cost of all necessary repairs to or replacement of the infrastructure if the person caused the damage—
- (a) intentionally; or
- (b) through negligence.
(2) In subsection (1), negligence includes—
- (a) a failure to check the precise location of infrastructure when a reasonable person might suspect that infrastructure could be located in or near a place; and
- (b) a failure to take reasonable care when engaged in activities close to a road or other infrastructure.
Rights of owners, occupiers, and accessway managers
(1) The following applicants may apply in writing to an infrastructure manager to remove or relocate any specified infrastructure:
- (a) in relation to infrastructure located on an accessway, the accessway manager:
- (b) in relation to infrastructure located on open land,—
- (i) the owner; or
- (ii) any occupier of the land who is authorised by the owner to apply under this section.
(2) An infrastructure manager that receives an application under this section must promptly consider it, and in any case must provide a response to the applicant within 20 working days—
- (a) agreeing to the application, with or without conditions, including conditions requiring the applicant to meet some or all of the reasonable costs of doing the work; or
- (b) declining the application, in which case the infrastructure manager must set out the reasons.
(3) An applicant may, if dispute resolution under section 60 is unsuccessful, appeal to the Court against a decision to decline an application or, if the application is agreed, against any conditions imposed.
(4) On appeal, the Court may—
- (a) require the infrastructure manager to agree to the applicant’s application, in which case the Court must specific the conditions that apply; or
(1) Any of the following may, if dispute resolution under section 60 is unsuccessful, apply for an order under section 51 to prevent temporary access or to impose conditions on that access, to prevent work or enforce conditions, or for a declaration that work is unnecessary:
- (a) an accessway manager, infrastructure manager, or owner of land affected by the exercise or proposed exercise of rights of access under section 17 or 21:
- (b) a person responsible for vegetation, or an occupier or owner of associated land, affected by the exercise or proposed exercise of rights under section
38 or 39:
(c) an occupier or owner of land, under section 43.
(2) When an application is set down for hearing, it must immediately be served by the applicant on the relevant infrastructure manager.
(3) An infrastructure manager who is served with an application under this section must not start, or must immediately stop, the work referred to in the application.
(4) The infrastructure manager must not commence or recommence the work except in accordance with any order of the Court made under section 51.
(5) An infrastructure manager commits an offence and is liable on conviction to a fine not exceeding $10,000, if the infrastructure manager commences or recommences work after being served with an application under this section, when not authorised by an order under section 51.
(6) Proceedings for an offence against subsection (5) may not be commenced against any person or body that is an instrument of the Crown, without the prior consent of the Attorney-General.
(1) On an application under section 50, the Court may make an order to prevent or impose conditions on access or work or enforce conditions or declare work
unnecessary, being an order that does any one or more the following:
(a) prevents the exercise of a right of access under section 17 or 21 or imposes conditions on that right of access:
(b) requires the infrastructure manager to stop, or not start, particular work:
(c) permits an infrastructure manager to continue or start the work only in compliance with conditions relating to the work that are—
- (i) contained in an enduring agreement, or any other binding agreement applying to the infrastructure manager; or
- (ii) imposed by the Court as part of the order:
(d) modifies the application of section 50(4) so that the prohibition in that provision applies only to particular aspects of the work, or applies only until a specified date or for a specified period, or both:
(e) sets aside the direction of an infrastructure manager under section 43 for an owner or occupier of land to clear or rectify road drainage or a storm water drain.
(2) If the Court makes an order to prevent access or impose conditions of access or enforce conditions, it may at the same time remove or modify (either permanently or for a particular period or in particular circumstances) any conditions of an agreement, or impose any new conditions it thinks fit, including, without limitation, conditions relating to—
- (a) how and when land or an accessway may be accessed; and
- (b) how and when specific work may or must be done; and
- (c) whether compensation is payable and, if so, how much; and
- (d) who is to be served with the order, and how service is to be effected.
(3) If the Court is satisfied that an application by an affected party lacks all merit, the Court may award costs against the affected party.
Compensation
The overarching principle to be observed by any Court or person in deciding issues of compensation relating to the construction, installation, or maintenance of infrastructure is that because the provision of infrastructure is work for the public good and benefit, individuals must necessarily accept some uncompensated loss or damage to their property and interference with enjoyment of their property rights.
(1) Nothing in this Act affects or limits the right in Article 40 of the constitution to claim compensation in respect of any right over or interest in property acquired compulsorily.
(2) In respect of anything other than compensation claimed under Article 40 of the constitution, the Court may order compensation to be paid by an infrastructure manager to an occupier or owner of land or an accessway manager (in this section and sections 54 and 55 referred to as an applicant)—
- (a) on an application for compensation by the applicant; or
- (b) as a condition of any order made under section 51.
(3) An application for compensation may not be made under subsection (2)(b)
unless dispute resolution under section 60 is unsuccessful.
(4) Without limiting subsection (1), nothing in section 7(1)(b) or in any enduring agreement that is entered into between a lessee and an infrastructure manager affects––
- (a) the right to compensation of native freehold owners if land is compulsorily acquired; or
- (b) the right of native freehold owners to claim compensation for damage or loss of a kind that continues beyond the expiry of the lease.
(5) If the infrastructure manager and the lessee enter into an enduring agreement they must account to the native freehold owners for the owner’s entitlement (if any) to part or all of the compensation paid by the infrastructure manager to the lessee.
(6) If the Court makes an order under this section and there are multiple interests held in the land that is the subject of the application, the Court must, unless the Court considers that it would be contrary to the interests of justice or is unable for any reason to do so, apportion compensation between the respective interest holders in the land in a way that is proportionate to the value of their respective interests.
(1) An applicant is entitled to compensation from an infrastructure manager in the following circumstances:
- (a) in exercising a right under this Act, the infrastructure manager has materially damaged or destroyed the applicant’s property, or materially affected the applicant’s use or enjoyment of the property:
- (b) in exercising a right under this Act, the infrastructure manager has, in effect, taken possession of the applicant’s property within the meaning of Article 40 of the constitution:
- (c) the infrastructure manager has infrastructure below land, and the applicant now wishes to place a permanent structure on that land, but the infrastructure manager neither—
- (i) consents to relocate the infrastructure outside the footprint of the proposed structure; nor
- (ii) consents to the applicant placing the proposed structure over the infrastructure:
- (d) in exercising a right under this Act the infrastructure manager has damaged or destroyed vegetation, and the damage or destruction—
- (i) is to growing crops of commercial value or to plants that yield crops of commercial value; or
- (ii) breaches the terms of any project permit granted under the
Environment Act 2003; or
(iii) breaches the terms of any agreement concerning the infrastructure or any conditions imposed by the Court:
(e) land has been compulsorily taken from an owner under section 45 or 46.
(2) The Court may take into account any other matters, not inconsistent with this
Act, in determining the amount of compensation.
(1) An applicant is not entitled as of right to compensation in respect of the following:
- (a) damage to property that is repaired by the infrastructure manager within a reasonable time:
- (b) permanent but minimal alteration to the features of land:
- (c) disruption of enjoyment of property where the disruption is reasonable and temporary:
- (d) installation of infrastructure under the surface of the land, if––
- (i) the infrastructure is placed at least 200 millimetres below the surface (other than at places where it rises to the surface to join with other components of network infrastructure); and
- (ii) all manholes, access covers, inspection points, and similar infrastructure components are installed flush with, or otherwise landscaped in a way complementary to, the existing surface of the land:
- (e) placement of infrastructure over the land where the owner’s or occupier’s use and enjoyment of the land is not affected to any substantial degree, having regard to generally accepted standards in the Cook Islands:
- (f) location of the infrastructure on land where the infrastructure is less than
3 square metres in area and no higher than 1 metre above the ground.
(2) However, the Court may grant compensation if––
- (a) any of paragraphs (a) to (f) of subsection (1) apply; and
- (b) the Court is satisfied that the applicant has suffered substantial loss or damage in such circumstances that there are special circumstances justifying the award of compensation.
Part 7
General and miscellaneous provisions
Protection of roads and other infrastructure
(1) This section applies if an infrastructure manager believes on reasonable grounds that a person has breached or is breaching this Act by—
- (a) interfering with any road, road drain, other drain of any kind that drains storm water, or other infrastructure; or
- (b) failing to comply with a condition relating to infrastructure contained in an agreement with the infrastructure manager or included in an order of the Court.
(2) When this section applies, the infrastructure manager may require the person, in writing,—
- (a) to stop doing whatever is breaching the Act; and
- (b) to take specified remedial action.
(3) If the person refuses to comply with the request, the infrastructure manager may, without affecting any of its other rights under this Act,—
- (a) take the specified, or any other, remedial action; and
- (b) seek recovery of the cost of doing so from the person, as a debt due to the infrastructure manager.
(4) A recovery under subsection (3)(b) does not affect any penalty or other order that the Court may impose for an offence against this Act.
Offences
(1) A person who, without reasonable excuse or lawful authority, interferes with any infrastructure commits an offence and is liable on conviction,—
- (a) in the case of an individual, to all or any of the following:
- (i) a fine not exceeding $5,000:
- (ii) imprisonment for a term not exceeding 5 years:
- (iii) a fine not exceeding $500 for each day that the unlawful interference continues:
- (b) in any other case, to a fine not exceeding $100,000 and a fine not exceeding $500 for each day that the unlawful interference continues.
(2) For the purposes of this section, a person interferes with network infrastructure if the person does any of the following:
- (a) manipulates, turns on, turns off, or in any other way tampers with any of the following on or associated with the network:
- (i) any valve, switch, fitting, or meter:
- (ii) any control system:
- (iii) any associated energy supply:
- (b) in relation to a reticulated gas or water network, inserts or removes anything that has the effect of doing any of the following:
- (i) restricting its pressure:
- (ii) restricting its volume:
- (iii) diverting its flow:
- (iv) altering any of its other service characteristics:
- (c) in relation to a reticulated electricity network, inserts or removes anything that has the effect of doing any of the following:
- (i) altering its current characteristics in any way:
- (ii) altering any of its other service characteristics:
- (d) in relation to telecommunications or data services, inserts or removes anything that alters the speed or quality of data that is transmitted or received through the network:
- (e) in relation to any part of any reticulated infrastructure, does any of the following:
- (i) modifies, adds to, or removes, or damages any of it:
- (ii) contaminates or compromises any part of the network or the service provided through it:
- (f) fails to seek prior permission under section 33 for an activity, act, or omission that causes damage to the infrastructure.
(3) Each of the following, if proved to the satisfaction of the Court on the balance of probabilities, must be treated as aggravating matters for offences under this section:
- (a) an intention to alter the flow, supply, or service characteristics for the benefit of the offender:
- (b) an intention to stop or alter the way in which a meter records usage:
- (c) an intention to falsify the usage recorded by a meter.
(4) A customer of an infrastructure manager does not commit an offence under this section if the customer, or a person authorised by the customer,—
- (a) operates any stop valve fitted by the infrastructure manager to the customer’s connection; and
- (b) does so for the purpose of maintenance, repair, or reasonable operational purposes.
A person who wilfully obstructs an employee, a contractor, or any other agent of an infrastructure manager while that employee, contractor or other agent is performing work for the infrastructure manager under this Act commits an offence and is liable on conviction,—
(a) in the case of an individual, to a fine not exceeding $2,000 or to imprisonment for a term not exceeding 1 year, or both:
(b) in any other case, to a fine not exceeding $10,000.
Delegation
An infrastructure manager may delegate to another infrastructure manager, Ministry, or agency or to any other person—
(a) any of its functions, powers, or duties in relation to the maintenance, management, alteration, and construction or installation of infrastructure; and
(b) any of its functions or powers under section 42 (which relates to emergencies).
(1) Before an infrastructure manager or other person applies to the Court under section 34(3), 35(4), 38(2), 39(4), 40(1), 44(2), 46(1), 49(3), 50(1) or 53(2) for
an order or appeals to the Court under section 49(3) the person must seek to reach agreement on the issue in dispute with the other party by using mediation or another form of dispute resolution process (which may include customary dispute resolution).
(2) If an application is made to the Court, or an appeal is filed with the Court and the applicant or appellant has not complied with subsection (1) the Court may adjourn the proceedings until the appellant has complied with subsection (1).
(3) If an infrastructure manager is a party to a dispute resolution process under subsection (1) the cost of that mediation including the costs incurred by the other party must be met by the infrastructure manager.
(4) Regulations may be made under section 64 to give effect to this section and may, without limitation,––
- (a) set out procedures and timetables to be followed by the parties:
- (b) set out procedures to be followed by the mediator or other person or persons engaged in dispute resolution:
Role of CIIC
(1) Before entering into any enduring agreement, negotiating the acquisition of land, offering compensation, or taking any other action that would or might involve significant expenditure to the Crown, a government department or other government agency must first obtain the permission of CIIC, unless that expenditure is within the amount permitted by guidelines issued by CIIC.
(2) CIIC may negotiate protocols with the Secretary, other government departments, and other government agencies, setting out the circumstances when permission must be obtained under subsection (1).
Notices under this Act
A requirement under any provision of this Act to give notice to any occupier or owner of land is satisfied by giving notice to any of those persons who––
(a) live in the Cook Islands; or
(b) have left an overseas address for service with the High Court in
Rarotonga.
Relationship with other legislation
This Act does not authorise any infrastructure manager to take any action that
is inconsistent with––
(a) the Civil Aviation Act 2002:
(b) the Civil Aviation Rules.
Regulations
(1) The Queen’s Representative may, by Order in Executive Council, make regulations providing for any other matters contemplated by this Act, necessary for its full administration, or desirable for giving it full effect.
(2) Without limiting the generality of subsection (1), regulations may be made under that subsection––
- (a) applying, incorporating by reference, or prescribing, or authorising an infrastructure manager to apply or prescribe, standards that must be complied with for the construction, alteration, and maintenance of infrastructure, including standards relating to—
- (i) drainage; and
- (ii) engineering requirements; and
- (iii) environmental impacts; and
- (iv) the impacts of climate change; and
- (v) signage; and
- (vi) street lighting; and
- (vii) materials; and
- (viii) methods of construction, repair, or maintenance of infrastructure;
and
(ix) any other matter affecting infrastructure:
(b) prescribing requirements relating to––
- (i) the planning of roads by the Secretary; and
- (ii) the planning of other infrastructure in relation to other infrastructure:
(c) prescribing procedures to give full effect to section 33(4) in respect of permits issued by government departments or other agencies under other enactments:
(d) prescribing, or authorising an infrastructure manager to prescribe, guidance, which must not be inconsistent with this Act or any regulations, relating to the construction and maintenance of roads and other infrastructure:
(e) setting or authorising the setting of standards for how the construction or installation and maintenance of infrastructure must be carried out:
(f) providing procedures for consultation between infrastructure managers and occupiers or owners of land:
(g) providing templates for enduring agreements and any notices required or provided for in this Act:
(h) providing for the identification of accessways that are not roads:
(i) creating offences for non-compliance with the regulations, and for penalties not exceeding $10,000 for any such offence:
(j) prescribing, or authorising an infrastructure manager to prescribe, requirements relating to––
- (i) the giving of public notice of draft plans, and notice to occupiers or owners, or other persons of draft infrastructure plans:
- (ii) the ability for members of the public, owners, and other persons to make submissions on draft infrastructure plans:
(k) declaring roads over which the public right of way is annulled or restricted:
(l) listing roads for the purposes of paragraph (a)(ii) of the definition of road in section 6:
(m) listing or setting out maps of bridges or culverts for the purposes of the definition of storm water drain in section 6:
(n) prescribing forms to be used for the purposes of this Act or the regulations:
(o) prescribing matters for which fees are payable under this Act or the
regulations and the amounts of, or method of calculating, those fees:
(p) prescribing grounds for an exemption from fees, in whole or in part:
(q) providing for transitional matters.
(3) Regulations may incorporate by reference any standard, code, or similar instrument issued by another agency in the Cook Islands or by an agency in another country if—
- (a) the regulations clearly identify the instrument, including its version or date of issue; and
- (b) copies of that instrument are readily available, at no more than a reasonable cost, either in hard copy or electronically, in the Cook Islands.
(4) Regulations may relate to—
- (a) infrastructure generally, or to any class of infrastructure (for example, roads), or to any particular kind or location of the infrastructure or class of infrastructure:
- (b) all or any specified part of the Cook Islands or location within the Cook
Islands:
(c) all persons or organisations that are infrastructure managers, or any specified persons or organisations that are infrastructure managers:
(d) any combination of the matters described in paragraphs (a) to (c).
(5) Without limiting subsection (4)(b) and to give effect to the purpose of this Act, regulations about infrastructure may be made that incorporate in relation to each island the local law and customs of that island (as determined by the relevant Aronga Mana).
Transitional and savings provisions
(1) Subsection (2) applies where, on the date this Act comes into force,—
- (a) agreements have been entered into, or orders have been made by the
Court, concerning—
(i) the location of infrastructure or any class of infrastructure to be installed on land; or
(ii) compensation payable; or
(iii) conditions relating to the installation of particular infrastructure; or
(iv) conditions relating to the future maintenance of particular infrastructure; but
(b) construction of the infrastructure (that is, more than initial surveying) has not commenced.
(2) If subsection (1) applies, the agreements or orders are not affected by the coming into force of this Act, but this Act applies as if the agreements had been entered properly into under it.
(1) Subsection (2) applies where, before this Act comes into force, negotiations for agreements relating to the installation of infrastructure or a class of infrastructure have started but agreements have not been entered into.
(2) If subsection (1) applies,––
- (a) any agreements entered into after this Act comes into force must be entered into in accordance with this Act; but
- (b) any steps already taken in the negotiations must be treated as if they had been taken in accordance with this Act.
(3) Subsection (4) applies if any Court proceedings have been commenced, but not concluded, relating to the infrastructure or any class of infrastructure on land.
(4) If subsection (3) applies,—
- (a) the proceedings must be completed as if this Act was not in force; but
- (b) any order has effect, as far as practicable, as if it were an order of the Court made under this Act.
(5) The Island Government of Atiu is not to be treated as the infrastructure manager of the Atiu airport until––
- (a) the land on which the airport is situated is leased to the Crown; or
- (b) the native freehold owners of the land enter into an enduring agreement making the Island Government of Atiu the infrastructure manager of the airport.
(1) Despite section 70 and the Schedule, all negotiations and proceedings commenced under the Rarotonga Waterworks Ordinance 1960 in connection with Stage 2 of Te Mato Vai must be continued and completed under that Ordinance, as it was before its amendment by this Act, and not under this Act.
(2) However, once the proceedings are complete, this Act applies to any waterworks subsequently installed, as if any agreements or orders had been made under this Act, and this Act applies accordingly.
To avoid doubt, it is declared that, as at the date on which this Act comes into
force,—
(a) all network infrastructure that is owned or managed by an infrastructure manager and is located on, under, or over land (including any accessway) not owned by the infrastructure manager—
- (i) is deemed to be lawfully installed on, under, or over that land; and
- (ii) may remain in place until the infrastructure manager decides or agrees otherwise; and
(b) no person other than the infrastructure manager has any interest in the infrastructure by reason only of having an interest in the land on, under, or over which it is located.
Repeals and amendments
The Ministry of Supportive Services Act 1973-74 is repealed.
The Acts set out in the Schedule are amended in the manner described in the
Schedule.
s 70
Schedule
Amendments to Acts
Amendments to Cook Islands Act 1915
Replace section 395 with:
“(1) An application for the partition of any Native land must not be heard or determined by the Court until all previous freehold or partition orders made with respect to the same land have been duly drawn up, sealed, and signed.
“(2) The Court must not seal and sign a partition order unless there is attached to it a survey plan and a list of the landowners for each of the titles created by that order.”
After section 409A(2), insert:
“(3) The Court must not make an order laying out or varying a right of way until––
“(a) the draft form of the order with a survey plan marking the right of way attached is served on every infrastructure manager on the island on which the land subject to the proposed right of way is located; and
“(b) 20 working days have elapsed from the date of service of the last infrastructure manager to be served; and
“(c) the Court has taken into account any written submissions filed by any infrastructure manager; and
“(d) the Court has given any infrastructure manager who wishes to be heard an opportunity to present oral submissions to the Court; and
“(e) the Court is satisfied it is not contrary to the public interest to grant the order.”
After section 437, insert:
437A Procedure before partition
If the Court makes a partition order it may not make that order until–– “(a) the survey plans setting out the titles intended to be created by
that order and identifying particulars of improvements, alienations, encumbrances, rights of way, or other easements on the record or known to the applicant are served by the applicant (or such other person as the Court may order) on every infrastructure manager on the island on which the land to be partitioned is located; and
“(b) 20 working days have elapsed from the date of service of the last infrastructure manager to be served; and
“(c) the Court has taken into account any written submissions filed by any infrastructure manager; and
“(d) the Court has given any infrastructure manager who wishes to be heard an opportunity to present oral submissions to the Court.”
Repeal sections 606 to 615.
Amendments to Cook Islands Investment Corporation Act 1998
Replace section 5 with:
“5 Functions of Corporation
“(1) The functions of the Corporation are––
“(a) to administer and manage Crown assets and shareholding interests; and
“(b) to control and manage the undertakings of statutory corporations;
and
“(c) to negotiate and facilitate the disposal of assets and any property or undertaking of a statutory corporation.
“(2) Subsection (1)(a) is subject to any other enactment that enables a
Ministry or other organisation to manage Crown assets.”
Amendments to Environment Act 2003
In section 2, after the definition of Aronga Mana, insert:
“bank means––
“(a) in respect of any natural inland waters, the whole area of land extending away from the stream, river or lake, measured at right angles to a distance of 5 metres from the edge of that stream, river and lake; and
“(b) in respect of any storm water drain, the whole area of land extending away from any ordinarily exposed part of that drainage, measured at right angles to a distance of 5 metres from the edge of that drainage.”
Replace the definition of inland waters with: “inland waters means––
“(a) the waters and banks of any stream, river or lake, together with its bed, whether dry or not; and
“(b) any storm water drain, as that expression is defined in the
Infrastructure Act 2019.” After the heading to Part 5, insert:
“35A Provisions about grant of project permits
The provisions of this Part relating to applications for, and the grant of, project permits are subject to section 33(4) of the Infrastructure Act
2019.
After section 50(2), insert:
“(2A) This section is subject to section 33(4) of the Infrastructure Act 2019.” Replace section 52 with:
52 Power to order remedial action
“(1) This section applies if permitting authority considers that a person has acted in breach of any of sections 50, 51, 57, and 58.
“(2) The permitting authority may––
“(a) require the person to stop acting in breach of the Act and to take remedial action that the permitting authority considers necessary to make good the loss or damage caused by that person; or
“(b) notify the circumstances of the breach to any other Crown agency or government department having authority in the matter of the breach, with a view to settling a joint approach to––
“(i) stopping the breach:
“(ii) assessing loss or damage:
“(iii) requiring that person to carry out any necessary remedial action:
“(iv) carrying out that remedial action at (in the first instance government expense) if for any reason that person does not do so.
“(3) If the person fails or refuses to take remedial action as directed either by the permitting authority or the other Crown agency or government department requires, then one or more of the following may take that remedial action:
“(a) the Service:
“(b) the permitting authority:
“(c) the other Crown agency or government department having authority in the matter of the breach.”
“(4) If remedial action is taken at the cost of the Government, the cost of that remedial action is a debt due from the person to the Government.
“(5) In this section the expressions Crown agency and Government department have the same mean as in the Cook Islands Investment Corporation Act 1998.
“(6) This section does not affect––
“(a) any power to impose a penalty or make any other order for an offence committed under this Act; or
“(b) the provisions of any other Act.”
After section 57(2), insert:
“(2A) This section is subject to section 33(4) of the Infrastructure Act 2019.” After section 58(2), insert:
“(2A)This section is subject to section 38(4) of the Infrastructure Act 2019.”
Amendments to the Land (Facilitation of Dealings) Act 1970
After section 5(e), insert:
“(f) to accept service, give any approval or consent, enter into enduring agreements, and exercise any other powers, rights, duties, and responsibilities of an owner under the Infrastructure Act 2019:”
After section 51(1)(f), insert:
“(g) that the assembled owners, on behalf of all owners, give any approval or consent required to be obtained by any person from the owners under the Infrastructure Act 2019:
“(h) that an enduring agreement as provided for by the Infrastructure
Act 2019 be agreed to.”
In section 58(1), after “conditions of any lease” insert “or for the making of any enduring agreement as provided by the Infrastructure Act 2019,”.
Amendments to Rarotonga Waterworks Ordinance 1960
Repeal section 3(4).
Replace section 4(1) with:
“(1) After the Minister gives notice under section 3 of an intention to use water, the Infrastructure Act 2019 applies to the installation and maintenance of any waterworks relating to that notice; and for the purpose of applying that Act,—
“(a) the Minister is an infrastructure manager; and
“(b) the waterworks are network infrastructure. Repeal section 4(2) and (3).
Repeal section 5.
In section 10, replace all the words before paragraph (a) with:
“(1) A person who does any of the following commits an offence and is liable on conviction to the penalty in subsection (2):”
Repeal section 10(a), (b), (e), (f), (h), and (i). Insert as section 10(2):
“(2) The penalty for an offence under this section or any other provision of this ordinance is,––
“(a) for an individual, any or all of the following: “(i) a fine not exceeding $2,000:
“(ii) imprisonment for a term not exceeding 1 year:
“(iii) a fine not exceeding $250 for each day that the conduct constituting the offence continues; and
“(b) in any other case, either or both of the following: “(i) a fine not exceeding $10,000:
“(ii) a fine not exceeding $800 for each day that the conduct constituting the offence continues.”
Amendments to Te Aponga Uira o Tumu-Te-Varovaro Act 1991
Replace sections 21 and 22 with:
“21 Authority’s rights as infrastructure manager
The Authority––
“(a) is an infrastructure manager under the Infrastructure Act 2019;
and
“(b) has all the powers and duties of an infrastructure manager; and
“(c) the provisions of the Infrastructure Act 2019 apply accordingly.
Amendments to Telecommunications Act 1989
In section 2, replace the definition of “network” with: “network––
“(a) means a system comprised of telecommunication links designed to permit telecommunications (other than a system used solely for broadcasting (as defined in the Broadcasting Act 1989)); and
“(b) includes in relation to a system to which paragraph (a) applies, its network (within the meaning of section 6 of the Infrastructure Act 2019).
Replace sections 11 to 23 with:
11 Company’s rights as Infrastructure Manager
The Company is an infrastructure manager for the purposes of–– “(a) the Infrastructure Act 2019; and
“(b) has all the powers and duties of an infrastructure manager; and
“(c) the provisions of the Infrastructure Act 2019 apply accordingly.
Amendments to Transport Act 1966
In section 2, repeal the following definitions:
Chief of Police:
controlling authority:
department:
erecting authority:
High Commissioner.
In section 2, insert the following definitions in their appropriate alphabetical order: “erecting authority, in relation to all classes of traffic signs, means the
road manager
“ICI means the government department known as Infrastructure Cook
Islands
“Secretary means the head of ICI”. In section 2, replace the definition of road with:
“road—
“(a) means––
“(i) any road existing or proclaimed under the Cook Islands Act 1915 or section 9 of the Infrastructure Act 2019 as a road; and
“(ii) means any road within the meaning of the Infrastructure Act 2019 and designated by regulations made under that Act as a road for the purposes of that Act; and
“(b) includes any place to which the public have access, whether as of right or not.”
In section 2, definition of traffic sign, replace “the Erecting Authority” with “an erecting authority”.
Replace section 3 with:
“3 Relationship between Commissioner and infrastructure manager
“(1) The Commissioner is responsible for the administration of this Act, except to the extent that this Act relates to the responsibilities of under the Infrastructure Act 2019.
“(2) The Secretary is responsible, under the Infrastructure Act 2019, for the physical condition of roads, and nothing in this Act limits that responsibility.
“(3) The Commissioner and the Secretary must consult together and develop protocols relating, either generally or specifically, to—
“(a) the construction and maintenance of roads; and
“(b) the marking of roads; and
“(c) the placing and erection of traffic control measures on roads; and
“(d) the erection and removal of traffic signs; and
“(e) parking.”
In section 41, replace “the controlling authority” with “the Secretary”. In section 48, replace “Chief of Police” with “the Secretary”.
In section 50(2)(d), replace “a controlling authority” with “the Secretary”. In section 63(1), replace “any controlling authority” with “the Secretary”. In section 63(1), replace “the controlling authority” with “the Secretary”. Replace section 63(2) and (3) with:
“(2) The powers conferred by the Secretary under subsection (1) must be exercised in accordance with a protocol entered into under section 3(3).
“(3) The Minister may at any time direct the Secretary to remove any signs erected under subsection (1).”
Repeal section 64A.
In section 81(f), after “electricity”, insert “; or”. After section 81(f), insert:
“(g) exceed the prescribed maximum axle or another weight for a vehicle in its class or the maximum prescribed load for a vehicle in its class.”
In section 81, insert as subsection (2):
“(2) For the purposes of enforcing subsection (1)(g), a police officer may require—
“(a) the driver of a vehicle to stop the vehicle and allow the vehicle and, where applicable, its load to be weighed (which may include requiring the driver to drive the vehicle onto a weighing machine):
“(b) the driver or owner of a vehicle parked on the road to allow the vehicle to be weighed (which may include requiring the driver or owner to drive the vehicle onto a weighing machine).”
Repeal section 99(4). Repeal section 100. Repeal section 101. Replace section 108 with:
“108 Special provisions relating to heavy traffic
“(1) No person may drive a heavy motor vehicle for the carriage of goods or persons that exceeds the weight––
“(a) specified in the certificate of annual licence:
“(b) specified in the regulations in relation to a vehicle of that type or class as the maximum permissible weight for a vehicle of that type or class or in relation to a component of that vehicle (for example, the axle):
“(c) calculated in accordance with a formula set out or referred to in the regulations as the maximum permissible weight for a vehicle of that type or class or any component of that vehicle (for example, an axle).
“(2) No person may drive a heavy motor vehicle for the carriage of goods or persons if the weight of the load exceeds the weight––
“(a) specified in the regulations in relation to a vehicle of that type or class, as the maximum permissible load for a vehicle of that type or class or in relation to a component of that vehicle (eg, the axle):
“(b) calculated in accordance with a formula set out or referred to in the regulations as the maximum permissible load for a vehicle of
that type or class, or any component of that vehicle (for example an axle).”
Repeal sections 110 to 113. Replace section 114 with:
“114 Erection of traffic signs
The Secretary must prescribe standards for road signs and publish them in the Gazette.”
In section 115, replace “Erecting Authority” with “secretary”.
Repeal section 121.
In the following provisions, replace “Chief of Police” with “Commissioner” in each place:
section 2, definition of Constable:
section 35(2)(a):
section 72(2)(a):
section 76 heading and section 76(1) and (3):
section 84: 
section 93: 
section 100: 
section 101: 
section 117.
After section 126(1), insert:
“(1A) Without limiting subsection (1), regulations may be made for–– “(a) the purposes of section 108:
“(b) prescribing or setting out a way of calculating fees payable by persons acting in breach of section 108.”
In section 126(2), replace “fifty pounds” with “$10,000”.
In the Second Schedule, replace “Chief Officer of Police” with “Commissioner”. Repeal the Third Schedule.
In the following sections, replace “High Commissioner” with “Queen’s
Representative”:
section 125(2):
section 126(1).
This Act is administered by Infrastructure Cook Islands. Printed under the authority of the Cook Islands Parliament—2019.
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