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Utilities Access Act 2010

Regulations in place of Code

18: Power to make regulations if no Code

You could also call this:

"The Government can make special rules for utility operators if there's no main set of rules, to keep things safe and working smoothly."

Illustration for Utilities Access Act 2010

The Governor-General can make rules about how utility operators use transport corridors if there is no Code in place. You need to know that the Minister must recommend these rules and can only do so if they think no Code will be made or an existing one will be revoked. The Minister must also think the rules will make things more efficient without making roads or railways less safe.

The rules must include things like the purpose set out in section 9 and the matters set out in section 10(1). You should be aware that the rules must reflect any agreements between utility operators and corridor managers. The related Ministers must also agree with the rules.

The rules can include other written material that is relevant, and if they do, the Schedule applies to that material. However, if the material is a New Zealand Standard, the Standards Act 1988 applies instead, which is defined in section 2 of that Act. These rules are secondary legislation, which means they are a type of law, and you can find out more about publication requirements in Part 3 of the Legislation Act 2019.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM2248965.

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"Rules that include other information by reference: what you need to know"

18Power to make regulations if no Code

  1. The Governor-General may, on the recommendation of the Minister given in accordance with subsection (2), make regulations regulating how access by utility operators to transport corridors is managed.

  2. The Minister may not recommend making regulations under this section unless he or she is satisfied that—

  3. either—
    1. no Code has taken effect and no Code is likely to take effect; or
      1. an existing Code is or is likely to be revoked; and
      2. the regulations set out a code that has the purpose set out in section 9 and includes the matters set out in section 10(1); and
        1. the regulations are likely to improve the efficiency of utility operators' access to transport corridors, without compromising road or rail safety; and
          1. the regulations reflect, as far as possible, any agreements reached by utility operators and corridor managers; and
            1. the related Ministers have been consulted and concur in the desirability of making the regulations and the content of the regulations.

              1. Regulations made under this section may incorporate by reference any written material that prescribes, defines, or makes other provision for goods, services, processes, or practices that are relevant to the regulations.

              2. If material is incorporated by reference in regulations made under this section, the Schedule applies to that material, unless the material is a New Zealand Standard (as defined in section 2 of the Standards Act 1988), in which case that Act applies.

              3. Regulations under this section are secondary legislation (see Part 3 of the Legislation Act 2019 for publication requirements).

              Notes
              • Section 18(2)(a)(ii): amended, on , by section 3 of the Secondary Legislation Act 2021 (2021 No 7).
              • Section 18(5): inserted, on , by section 3 of the Secondary Legislation Act 2021 (2021 No 7).