Utilities Access Act 2010

Obligation to comply with Code

7: Court may order compliance with Code

You could also call this:

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

Illustration for Utilities Access Act 2010

If you are a utility operator or corridor manager, you can ask the District Court to make another utility operator or corridor manager follow the rules they are supposed to. The Court can make them follow the rules under section 6. The Court can say they have to follow the rules within a certain time. When the Court is thinking about making this order, they consider how practical and costly it is to follow the rules compared to doing something else that achieves a similar outcome.

The Court thinks about what is practical and what it costs when deciding what to do. You have to go to the District Court to ask for this order. The Court's order can say when the other person has to follow the rules.

The Court looks at what works best in each situation. They think about the cost and how easy it is to follow the rules. They compare this to doing something different that has a similar result.

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This page was last updated on

View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM2248951.


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6: Obligation to comply with Code, or

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


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8: Offence to fail to comply with order, or

"Breaking a court order can lead to a big fine of up to $200,000."

7Court may order compliance with Code

  1. On the application of any utility operator or corridor manager, the District Court may require another utility operator or corridor manager to comply with any of its obligations under section 6.

  2. The order may require the person against whom it is made to comply with it within a specified time.

  3. In considering an application for an order, the court may take into account the practicality and cost of complying with the Code as compared with the practicality and cost of taking other steps that will, in the particular situation under consideration, achieve substantially the same outcome as compliance with the Code.

Notes
  • Section 7(1): amended, on , by section 261 of the District Court Act 2016 (2016 No 49).