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Utilities Access Act 2010

How Code made and administered

12: Approval of Code

You could also call this:

"The Minister says yes or no to a new set of rules, called a Code, within three months."

Illustration for Utilities Access Act 2010

When a draft Code is sent to the Minister, they must decide whether to approve or reject it within three months. The Minister can only approve a draft Code if they have talked to the other related Ministers and are satisfied that the draft Code meets certain requirements, such as being able to achieve its purpose as set out in section 9, and adequately setting out the matters referred to in section 10(1). The Minister must also be satisfied that the draft Code has been developed in a certain way, as set out in section 11(2), and that it is broadly agreed to by the people who will be affected by it.

The Minister's decision must be written down and sent to the person who submitted the draft Code. A Code is a type of secondary legislation, which means it has to be published in a certain way, as explained in Part 3 of the Legislation Act 2019. This Act applies to the Code as if the Minister had made it themselves, by approving it.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM2248958.

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

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12Approval of Code

  1. Within 3 months after receiving a draft Code, the Minister must either approve or reject it.

  2. The Minister may approve a draft Code only if—

  3. he or she has consulted with the related Ministers; and
    1. he or she is satisfied that the draft Code—
      1. is capable of achieving the purpose set out in section 9; and
        1. adequately sets out the matters referred to in section 10(1); and
          1. has been developed by a process that includes the steps set out in section 11(2); and
            1. is broadly agreed to by the corridor managers and utility operators likely to be affected by the draft Code; and
              1. reflects a balance between the interests of corridor managers and those of utility operators.

              2. The Minister's decision under this section must be given in writing to whoever submitted the draft Code to the Minister for approval.

              3. A Code is secondary legislation (see Part 3 of the Legislation Act 2019 for publication requirements).

              4. That Act applies as if—

              5. the Minister were the maker of the Code; and
                1. the Code were made by the Minister approving it.

                  Notes
                  • Section 12(4): replaced, on , by section 3 of the Secondary Legislation Act 2021 (2021 No 7).
                  • Section 12(5): inserted, on , by section 3 of the Secondary Legislation Act 2021 (2021 No 7).