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5 October 2011
Amended Code released
The Code has received a few amendments as part of the Treasury review in preparation for Ministerial approval.
There were four issues identified where the legal reviewers and Treasury believed the Code did not comply with the provisions of the Utilities Access Act:
- The section on conflict of interest needed to spell out the process for managing conflicts of interest
- The Rail section needed to spell out how the criteria for evaluating requests to access the rail corridors will be applied
- There was some ambiguity/ lack of clarity regarding which sections apply to motorways vs roads
- There was ambiguity in some of the italicised sections between best practice/ discretionary procedures which conflicted with 2.1.1 Rules for interpreting the Code.
Changes made to the Code are:
- New section on managing conflicts of interest: Section 2.6.1.
- Amended 4.9.4, the criteria to be used for evaluating applications to access the rail corridor. This is now consistent with the motorway evaluation criteria.
- Every reference to road has been evaluated for applicability to motorways and the word motorway added as appropriate. This was done in conjunction with NZTA, currently the only motorway corridor manager. Where necessary, sections have been amended to show more specifically if they apply to road/motorway/transport corridors.
- Every italic has been reviewed and most are now standard font.
- We took the opportunity to re-check everything and there are one or two minor edits/ clarifications but nothing that changes any substance. The paginations have changed in various sections so please don't be surprised on that. The additional words relating to motorways have had that effect. Forms have not been amended.
Download the amended code.