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Utilities Access Act 2010

Nature of Code

10: Content of Code

You could also call this:

"What the Code says about working together in transport corridors"

Illustration for Utilities Access Act 2010

The Code is a set of rules that helps people work together when using transport corridors. You need to know what the Code says about who it applies to and how people should work together. The Code sets out principles for how corridor managers and utility operators should deal with each other. It also explains how to co-ordinate work in transport corridors and how to deal with conflicts of interest. The Code says how corridor managers can set conditions for utility operators to access transport corridors.

The Code must also say how utility operators and corridor managers can share information and resolve disputes. It explains how to make sure people follow the rules and how utility operators can work within transport corridors. If the Code refers to other documents, it must say how you can access those documents.

The Code can have different rules for different areas, but these rules must be fair and consistent with the purpose of the Code. You can find more information about the purpose of the Code in section 9. The Code can include other matters that are consistent with its purpose and do not contradict any laws.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM2248955.

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Transport and travel > Public transportGovernment and voting > Government departments
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9: Purpose of Code, or

"How the Code helps utility operators work safely and fairly for everyone's benefit"

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11: Preparation of Code, or

"Creating a set of rules, called a Code, that people must follow"

10Content of Code

  1. In order to achieve its purpose, the Code must set out the following:

  2. who it applies to:
    1. the principles governing how corridor managers deal with utility operators, and how utility operators deal with corridor managers and other utility operators, on issues relating to access to transport corridors:
      1. the processes and rules for co-ordinating work done in transport corridors by utility operators, or that affects utility operators' assets:
        1. processes for dealing with conflicts of interest arising from the same person being both a corridor manager and a utility operator, or being the operator of different utilities:
          1. how the statutory criteria for setting reasonable conditions, when utility operators have a right of access, are to be applied:
            1. whether, what, and how any other conditions relating to access may be imposed by corridor managers when utility operators have a right of access:
              1. how the criteria (published in accordance with a statutory requirement) for granting access are to be applied when utility operators request access:
                1. processes and rules for utility operators and corridor managers to share information:
                  1. how compliance with the provisions of the Code is to be encouraged and provided for, including 1 or more dispute resolution procedures:
                    1. operational processes and rules about work done by utility operators within transport corridors:
                      1. if the Code refers to standards, guidelines, or other documents that are not set out in the Code,—
                        1. how those standards, guidelines, or other documents (including any amendments and replacements) may be viewed and how copies may be obtained; and
                          1. which edition or version of the standard, guidelines, or other document is referred to and whether the reference includes subsequent amendments or replacements.

                          2. The Code may also—

                          3. provide for its provisions to be applied differently in different geographic locations, provided the variations comply with subsection (3); and
                            1. include any other matter that is consistent with the purpose of the Code and not inconsistent with any enactment.

                              1. Variations referred to in subsection (2)(a) may be allowed by the Code only if the variations—

                              2. are generally consistent with paragraphs (a) and (b) of the purpose of the Code set out in section 9; and
                                1. are in response to particular geographic factors that would result in inefficient or uneconomic outcomes if the standard requirements of the Code were adopted; and
                                  1. have been sought and agreed to by the corridor managers and utility operators in that region; and
                                    1. fairly balance the interests of corridor managers and utility operators.