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Utilities Access Act 2010

Obligation to comply with Code

6: Obligation to comply with Code

You could also call this:

"Follow the rules: Utility operators and managers must obey the Code when working in transport corridors"

Illustration for Utilities Access Act 2010

You must follow the rules in the Code when you are a utility operator or corridor manager. You have to co-ordinate your work in transport corridors by following the processes and rules in the Code. You also have to use the dispute resolution procedures in the Code before you can apply to the court for an order under section 7.

When corridor managers set conditions for access to transport corridors, they must follow the Code. However, they only have to follow the Code if it does not disagree with any other rules that apply.

You have to follow the Code when you do work in a transport corridor, unless the Code disagrees with another law or rule you have to follow. You can also agree with the transport corridor manager and other utility operators to not follow the Code in a particular situation.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM2248950.

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"The government must follow this law too"

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7: Court may order compliance with Code, or

"Courts can order people to follow the rules if they're not doing what they're supposed to."

6Obligation to comply with Code

  1. Utility operators and corridor managers must—

  2. co-ordinate work done in transport corridors by complying with the processes and rules set out in the Code; and
    1. before applying to the court for an order under section 7, use any appropriate dispute resolution procedures set out in the Code.

      1. In setting reasonable conditions relating to access to the transport corridor, corridor managers must comply with the Code (but only to the extent that the Code is not inconsistent with any applicable criteria for reasonable conditions that are published under an enactment).

      2. When carrying out work in a transport corridor, utility operators must comply with the Code—

      3. except to the extent that any particular provision of the Code is inconsistent with an enactment, or any standard or other instrument that the utility operator is obliged to comply with; or
        1. unless, in a particular situation, the manager of the transport corridor and all affected utility operators agree that the Code need not be complied with.

          1. To avoid doubt, an agreement not to comply with the Code does not affect a corridor manager's or utility operator's obligations under an enactment, or under any standard or other instrument with which it is obliged to comply.

          2. This section does not apply if there is no Code.