This Act is the Utilities Access Act 2010.

This Act comes into force on the day after the date on which it receives the Royal assent.

The purpose of this Part is to—

• (a) require utility operators and corridor managers to comply with a national code of practice that regulates access to transport corridors; and

• (b) provide for the making and administration of that code.

In this Part, unless the context otherwise requires,—

This Part binds the Crown.

(1) Utility operators and corridor managers must—

• (a) co-ordinate work done in transport corridors by complying with the processes and rules set out in the Code; and

• (b) before applying to the court for an order under section 7, use any appropriate dispute resolution procedures set out in the Code.

(2) In setting reasonable conditions relating to access to the transport corridor, corridor managers must comply with the Code (but only to the extent that the Code is not inconsistent with any applicable criteria for reasonable conditions that are published under an enactment).

(3) When carrying out work in a transport corridor, utility operators must comply with the Code—

• (a) except to the extent that any particular provision of the Code is inconsistent with an enactment, or any standard or other instrument that the utility operator is obliged to comply with; or

• (b) unless, in a particular situation, the manager of the transport corridor and all affected utility operators agree that the Code need not be complied with.

(3A) To avoid doubt, an agreement not to comply with the Code does not affect a corridor manager's or utility operator's obligations under an enactment, or under any standard or other instrument with which it is obliged to comply.

(4) This section does not apply if there is no Code.

(1) On the application of any utility operator or corridor manager, a 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.

A person who, knowing that the person is subject to an order made under section 7, fails to comply with the order, or fails to comply with the order within the time specified in the order, commits an offence and is liable on summary conviction to a fine not exceeding $200,000.

The purpose of the Code is to enable access by utility operators to transport corridors to be managed in a way that—

• (a) maximises the benefit to the public while ensuring that all utility operators are treated fairly; and

• (b) ensures that disruptions to roads, motorways, and railways caused by work by utility operators are kept to a minimum, while maintaining safety; and

• (c) provides a nationally consistent approach to managing access to transport corridors.

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

• (a) who it applies to:

• (b) 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:

• (c) the processes and rules for co-ordinating work done in transport corridors by utility operators, or that affects utility operators' assets:

• (d) 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:

• (e) how the statutory criteria for setting reasonable conditions, when utility operators have a right of access, are to be applied:

• (f) whether, what, and how any other conditions relating to access may be imposed by corridor managers when utility operators have a right of access:

• (fa) how the criteria (published in accordance with a statutory requirement) for granting access are to be applied when utility operators request access:

• (fb) processes and rules for utility operators and corridor managers to share information:

• (g) how compliance with the provisions of the Code is to be encouraged and provided for, including 1 or more dispute resolution procedures:

• (h) operational processes and rules about work done by utility operators within transport corridors:

• (i) if the Code refers to standards, guidelines, or other documents that are not set out in the Code,—

  • (i) how those standards, guidelines, or other documents (including any amendments and replacements) may be viewed and how copies may be obtained; and

  • (ii) 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—

• (a) provide for its provisions to be applied differently in different geographic locations, provided the variations comply with subsection (3); and

• (c) include any other matter that is consistent with the purpose of the Code and not inconsistent with any enactment.

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

• (a) are generally consistent with paragraphs (a) and (b) of the purpose of the Code set out in section 9; and

• (b) 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

• (c) have been sought and agreed to by the corridor managers and utility operators in that region; and

• (d) fairly balance the interests of corridor managers and utility operators.

(1) A draft Code may be prepared by the Ministry, or by any person or body of persons, using whatever processes the Ministry, person, or body considers appropriate.

(2) The process for developing a draft Code must include, at a minimum, the following steps:

• (a) consultation with utility operators and corridor managers likely to be affected by the Code:

• (b) publication of a draft Code and release to the public:

• (c) consideration of comment received on the draft Code:

• (d) preparation of a revised draft Code in response to comments received.

(3) A draft Code may be submitted to the Minister for approval at any time after the steps referred to in subsection (2) have been taken.

(4) Any consultation done before this Part comes into force does not count as consultation for the purposes of subsection (2).

(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—

• (a) he or she has consulted with the related Ministers; and

• (b) he or she is satisfied that the draft Code—

  • (i) is capable of achieving the purpose set out in section 9; and

  • (ii) adequately sets out the matters referred to in section 10(1); and

  • (iii) has been developed by a process that includes the steps set out in section 11(2); and

  • (iv) is broadly agreed to by the corridor managers and utility operators likely to be affected by the draft Code; and

  • (v) reflects a balance between the interests of corridor managers and those of utility operators.

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

(4) If the Minister approves a Code, he or she must give notice in the Gazette of that fact, and the notice must state—

• (a) the date on which the Code takes effect in accordance with section 13(1); and

• (b) the Internet site on which the Code is available and where it is or will be available for purchase, at no more than a reasonable cost, in hard copy.

(1) The Code takes effect on the date specified in the Gazette notice referred to in section 12(4)(a), which must be a date after the date of the Gazette notice and on or after the date on which the Code is first published under section 14(1)(a).

(2) The Code ceases to have effect on the date specified by the Minister in a notice of cancellation made under section 17.

(3) It is not intended that any processes, notices, conditions, or other matters that were previously settled should be affected by the Code taking effect or by any subsequent cancellation or amendment of the Code.

(1) The Minister must ensure that the Code and every amendment to it—

• (a) is published on an Internet site that is publicly available at all reasonable times; and

• (b) is available for purchase in hard copy, at no more than a reasonable cost, from the head office of the Ministry.

(2) The Minister may, instead of or as well as publishing amendments separately to the Code, publish the Code with amendments incorporated; but in that case the Code published on the Internet site must indicate what changes have been made and when.

(1) A Code approved under section 12 is a regulation for the purpose of the Regulations (Disallowance) Act 1989, but is not a regulation for the purpose of the Acts and Regulations Publication Act 1989.

(2) The Code must be presented to the House of Representatives no later than 16 days after the date on which it is made.

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

(2) Sections 11 to 14 Sections 11 to 15, 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:

• (a) a statement of the proposed amendment and how it will affect the Code:

• (b) the reasons for the proposed amendment:

• (c) 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:

• (d) a description of how the amendments will affect corridor managers and utility operators.

(4) However, in the case of a minor amendment that does not materially affect the Code,—

• (a) section 12(2) does not apply; and

• (b) the proposed amendment need not—

  • (i) include the matters referred to in subsection (3)(c) and (d); or

  • (ii) comply with section 11(2)(b) to (d).

(1) The Minister may cancel the Code if he or she is satisfied that—

• (a) the Code no longer adequately reflects a balance between the interests of corridor managers and those of utility operators; or

• (b) the Code is not achieving its purpose; or

• (c) utility operators and corridor managers have significant concerns with, or differences over, the Code, and resolution of the issues appears unlikely.

(2) If the Minister cancels the Code, he or she must publish a notice of that fact in the Gazette, and the notice must state the date on which the cancellation will take effect.

(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—

• (a) either—

  • (i) no Code has taken effect and no Code is likely to take effect; or

  • (ii) an existing Code is or is likely to be cancelled; and

• (b) 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

• (c) the regulations are likely to improve the efficiency of utility operators' access to transport corridors, without compromising road or rail safety; and

• (d) the regulations reflect, as far as possible, any agreements reached by utility operators and corridor managers; and

• (e) the related Ministers have been consulted and concur in the desirability of making the regulations and the content of the regulations.

(3) 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.

(4) 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.