Bridges SimonTELECOMMUNICATIONS (PROPERTY ACCESS AND OTHER MATTERS) AMENDMENT BILLSecond ReadingHon SIMON BRIDGES (Minister for Communications): I move That the Telecommunications (Property Access and Other Matters) Amendment Bill be now read a second time. This bill amends the Telecommunications Act 2001. If I can give a little overview the amendments in this bill will make it easier for people to connect to ultra-fast broadband (UFB) improve the liability allocation process for the telecommunications development levy and extend regulatory requirements to the second phase of the ultra-fast broadband programme. An additional subpart was introduced during the Commerce Committee's consideration to provide statutory rights of access to use existing electricity works for deploying fibre-optic cable. A number of other minor changes were also made.The bill creates a new consenting process that telecommunications companies must follow when installing modern telecommunications networks such as ultra-fast broadband. I recently announced that additional investment will see 84 percent of New Zealanders with access to ultra-fast broadband by the end of 2024. Over 1 million households and businesses are already able to connect; however not all of those with access can connect. An estimated 71000 households may be prevented from connecting in instances where multiple parties need to provide consent for the installation such as for shared driveways or common areas or multi-unit complexes. The current process also creates delays. As of December 2016 the UFB network operators across the country had almost 800 orders on their books where the consenting process had been running for 50 working days or longer without resolution.The bill aims to reduce delays and cancelled orders for UFB in order to produce better outcomes for those who want connections. A tiered consenting regime will allow installation methods to be prescribed into two categories depending on the impact on a shared property. Installation methods with the lowest impact such as those that disturb only soft surfaces like grass will no longer need consent from other parties. For methods with more lasting impacts such as those that disturb hard surfaces like concrete parties have the opportunity to object on limited grounds within 15 working days. This improves on the current situation where parties must actively consent and do not have any time limit to do so.For multi-unit complexes governed by a body corporate the consenting process will vary slightly from this tiered regime to better fit with these existing governance structures. Bodies corporate will have the ability to request an extension to the time to object and the ability to object on additional grounds if they consider an installation could expose them to liability. Installation methods that do not fit into the new categories will be subject to existing consenting requirements.As well as speeding things up and allowing more households to connect the bill could also benefit homeowners in other ways. For example it incentivises the use of lower-impact methods where possible to help roll out UFB more quickly to those who want it. A disputes resolution process will also be created to ensure that any disputes that arise as a result of the new consenting regime are dealt with fairly and efficiently.The bill amends the requirements for the provision of financial information in the Commerce Commission's telecommunications development levy liability allocation process. Since the levy was established in 2011 a number of possible improvements have been identified. These are minor technical changes that will reduce compliance costs for the industry. The bill extends the regulatory requirements relating to the first phase of the UFB programme to the extension of this programme which I announced at the end of January. These minor technical changes will ensure consistency with what Parliament has already enacted for the first phase of the programme. This means that the companies contracted to build and operate the UFB network in new areas will be subject to requirements including open access undertakings and information disclosure to the Commerce Commission relating to the costs and characteristics of their network and services. Two statutory authorisations are also provided in the Commerce Act 1986 for potential partnering arrangements between Chorus and the Crown.Hon Clayton Cosgrove: Turn the page."Hon SIMON BRIDGES: Let me turn to the Commerce Committee's recommended changes. Clayton Cosgrove will find there are some real doozies. The Commerce Committee supported the bill and recommended a number of changes some of which were minor—Clare Curran: We actually worked really hard.Hon SIMON BRIDGES: —and technical in nature. I will come to that. Changes to the property access part of the bill included narrowing the definition of property to shared property where at least one party with an interest in the property has requested a fibre to the premises service. This change will better target the powers of the bill to apply only where they are needed.By far the most significant contribution or recommendation was the introduction of a new subpart of the bill to further accelerate the roll-out of fibre to the premises in rural areas in order to enhance access to high-speed communications for businesses schools and individuals. Although this proposal was not originally part of the bill its support for inclusion was noted in over half of the submissions the committee received on the bill and it was subsequently drafted for inclusion during the committee's consideration. Creating new policy during select committee consideration is an unprecedented occurrence and is a great example of the value that can be achieved through this process.On 3 November 2016 the committee released an interim report proposing the insertion of a new subpart in Part 4 of the bill that would grant statutory rights of access to use existing electricity infrastructure—for example power poles—for deploying fibre-optic cable. The proposal was introduced in its entirety during the committee's consideration of the bill in order to encourage the deployment of fibre as widely as possible including in those areas of the country where it is generally more difficult to deploy fibre-optic cable than in urban areas. The statutory rights of access would provide owners of existing electricity infrastructure—for example power poles and overhead lines—with a right to enter the land on which such infrastructure is located and to use such infrastructure to deploy maintain and upgrade fibre-optic cables for delivering telecommunication services.Utilising existing infrastructure for this purpose provides an opportunity to improve rural connectivity in a cost-effective way while also making progress towards connecting as many New Zealanders as possible to better communications networks. To balance out the impact of the right of entry on to private landowners' property rights the landowner would be entitled to receive free access to a fibre connection. The proposal meets the bill's objective of allowing more people to realise the benefits of next-generation telecommunications networks and was widely supported by submitters.In conclusion I would like to thank my colleague Melissa Lee for her excellent work in chairing the Commerce Committee and the rest of the committee members for their efforts in getting the bill to this stage. Not only—as Clare Curran has said in her interjections in the House—was it very hard-working I understand it was a veritable love-in on the select committee.Can I also just thank very much the submitters on the bill for their valued contributions. The process has strengthened the bill undoubtedly thereby helping it achieve its purpose of allowing more New Zealanders to realise the benefits of next-generation telecommunications technology. I commend this bill to the House."