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Utilities Access Act 2010

How Code made and administered

16: Amendment of Code

You could also call this:

"Changing the Rules: How the Minister Can Update the Code"

Illustration for Utilities Access Act 2010

The Minister can approve changes to the Code at any time. When changes are proposed, sections 11 to 13 of the Act apply, which means the changes are treated like a new draft Code. You can find more information about this in the link to sections 11 to 13.

If someone wants to propose a change to the Code, they must include certain information, such as what the change is, why it is needed, and how it will affect the people involved. They also need to describe how the change was decided and how it will impact corridor managers and utility operators.

However, if the change is small and does not significantly affect the Code, some of these rules do not apply, such as section 12(2). In this case, the proposed change does not need to include as much information, and it does not have to follow all the rules in section 11(2)(b) to (d).

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM2248962.

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16Amendment of Code

  1. The Minister may at any time approve an amendment to the Code.

  2. Sections 11 to 13, with all necessary modifications, apply to an amendment as if it were a draft Code.

  3. Proposals for amendments to the Code must include the following:

  4. a statement of the proposed amendment and how it will affect the Code:
    1. the reasons for the proposed amendment:
      1. a description of the process used to arrive at the proposal, including a description of the parties involved and the level of agreement achieved among them:
        1. a description of how the amendments will affect corridor managers and utility operators.

          1. However, in the case of a minor amendment that does not materially affect the Code,—

          2. section 12(2) does not apply; and
            1. the proposed amendment need not—
              1. include the matters referred to in subsection (3)(c) and (d); or
                1. comply with section 11(2)(b) to (d).

                Notes
                • Section 16(2): amended, on , by section 3 of the Secondary Legislation Act 2021 (2021 No 7).