Why do I need permission to access rail land?
When do I need permission to enter rail land?
How much does a permit cost?
How long does it take to get a permit?
What types of permit are there?
Where can I get a permit?
What conditions does a permit specify?
What work is allowed on or near rail land?
What is a rail safety plan?
What happens if I break the conditions of the permit?
What happens if I enter rail land without permission?
Why do I need permission to access rail land? That’s simple - to keep you and others safe in a dangerous environment. When you get a permit we will help you to:
- keep people safe on rail land
- minimise your impact on others using rail land
- know what to do in an emergency.
ONTRACK is required by the Railways Act 2005 to ensure rail land is safe. This is why we have an entry permit system. When do I need permission to enter rail land?You usually need a permit to go on rail land. To find out if you need to get permission please call your local ONTRACK area office.
You must get permission from us if you need to:
- work on or enter rail land
- work within four metres of an electrified area of rail land – you’ll need training
- install overhead or underground structures crossing rail land, which can only be done with the permission of ONTRACK’s property team.
You may need permission if you plan to work within five metres of rail land, especially if there is rail infrastructure on the land, such as. tracks or signals.
Some people are automatically allowed on rail land, including some lease holders, emergency services, and health and safety inspectors.How much does a permit cost?We charge a fee of $100+GST to process each permit, except in metro areas (Auckland and Wellington) where the fee is $150 + GST. There may also be additional fees if further services are required. For example, ONTRACK certified staff may need to supervise your work to protect you from trains.
To get an estimate of costs and timeframes please contact our local area offices administrator. How long does it take to get a permit?We aim to process applications within five working days. Times can vary depending on what type of access you require and the quality of your safety plan.
To get a time estimate please contact your local ONTRACK area office to discuss your planned work.
If you want to permanently occupy rail land you need to apply for a lease - contact our property team.
What types of permit are there?Most people only need a temporary permit to access rail land. This is called a permit to enter, or ‘special authorisation’.
Permit to enterA temporary permit to enter is often used by:
• surveyors
• people installing utilities over or under the track
• people involved with construction works immediately next to track.
You also need a signed indemnity form to qualify for this special authority.
General permit
General permission is contained in lease agreements or contracts. This authority covers:
• utility companies
• some lease holders
• authorised ONTRACK contractors.
Statutory permit
Under the law, certain organisations are allowed access to rail land, such as emergency services and health and safety inspectors. Electrical safety permit
You need an electrical safety permit to enter or work near rail land in areas within four metres of electrified overhead wires or other electrified systems. This includes the Wellington metro and the line from Palmerston North to Hamilton.
An electrical safety permit is only valid with a current permit to enter.
Where can I get a permit?You need to contact either your local ONTRACK area office or a rail operator – depending on what the rail land is used for.
• Main lines and electrified areas - ONTRACK is responsible for main lines and electrified areas. For help with the application process contact your local area office administrator.
• Rail terminals, freight yards, freight sidings and maintenance depots - These are usually the responsibility of the organisation that is active on the rail land. The areas are known as operator controlled territories and the relevant organisation will work with you to ensure suitable safety arrangements and indemnity are in place.
Toll NZ is mainly responsible for areas outside main rail lines. To find out more about applying for access to Toll controlled areas, contact Toll’s Linehaul Service Manager on (09) 488 6823.
If you’re not sure who to contact, call us on 0800 288 000.
• A combination of rail land types - You may need an additional permit to enter if your activity needs to be carried out on rail land immediately adjacent to any rail tracks or other rail services such as power supplies, drainage, communication systems or radio transmitter sites. Contact us to discuss your project.
What conditions does a permit specify?Each permit is specific to the location, timeframe and activity. It details the hazards and safe behaviours needed to keep safe as outlined in a safety plan. The permit may state that you have to be supervised at all times on ONTRACK land or that you have to work behind a safety barrier.
Permits also specify who is responsible for your safety when you are on rail land.
When you get a permit you also need to sign an indemnity form, which means you accept responsibility for any damage caused by you when you are working or occupying our land.
A permit may also list other organisations that you need to contact before you can do your work, such as rail operator KiwiRail.
What work is allowed on or near rail land?We allow utility companies access to lay connections and for other types of work, by application. All proposals for underground and overhead crossings of rail lines must be submitted well in advance of proposed work start dates.
To apply for permission, contact ONTRACK’s property team. What is a rail safety plan? A rail safety plan details the steps you will take to ensure the safety of your workers and other users of the rail land you will be working on. For more information on rail safety contact the Health and Safety Coordinator at your local ONTRACK regional office.
What happens if I break the conditions of the permit? Breaking the conditions of the permit puts lives at risk. If you break your conditions we will terminate your permit and you will have to leave rail land immediately.
If we have granted you a permit where you are unsupervised on rail land we will visit you while you are working to conduct a health and safety audit.
What happens if I enter rail land without permission?Without our permission, you can only cross rail land at official public or private level crossings. If you enter other areas of rail land without permission you will endanger your safety and the safety of others.
If you are on rail land without a permit to enter you will be considered to be trespassing and will be asked to leave.
If you trespass or build on rail land without permission you may face a fine of up to $100,000.