ABSTRACT
This chapter considers the ability, if at all, of the parties being able to contract out of the provisions of the New Code. Before considering code avoidance in relation to the New Code it is worth, albeit briefly, considering the terms of the Old Code. Paragraph 100(2) is a qualification to the operation of paragraph 100(1). Paragraph 100(1) provides that the code does not affect rights and liabilities under the contract. Paragraph 100(2) says that that does not apply to the Parts of the code referred to. Thus, the effect of the two provisions read together is that Parts 3 to 6 do affect the rights and liabilities under the code agreement. The New Code says nothing about preventing a 'lift and shift' provision which was formerly said to be encapsulated in paragraph 20 of the Old Code, enabling apparatus to be moved to another location on the land forming the subject matter of the consensual code agreement.
