Telecommunications (Property Access and Other Matters) Amendment Act 2017

1: Title
This Act is the Telecommunications (Property Access and Other Matters) Amendment Act 2017
2: Commencement
1: Section 4 new section 4(gaaa) section 13 subpart 3 of Part 4 section 18
2: The rest of this Act comes into force on the 15th day after the date on which it receives the Royal assent. Section 2(1) brought into force 18 August 2017 Telecommunications (Property Access and Other Matters) Amendment Act 2017 Commencement Order (No 2) 2017 Section 2(1) brought into force 9 June 2017 Telecommunications (Property Access and Other Matters) Amendment Act 2017 Commencement Order 2017
3: Principal Act
This Act amends the Telecommunications Act 2001 principal Act 2017-05-03 Telecommunications Act 2001 OIC LI 2017/81 2017-06-09 Telecommunications Act 2001 Section 4 (so far as it inserts new s 4(gaaa)) and section 13 (so far as it replaces subpart 3 of Part 4) only come into force on a date to be appointed by the Governor-General by Order in Council. See s 2(1). OIC LI 2017/215 2017-08-18 Telecommunications Act 2001 Section 18 brought into force by further Order in Council. See s 2(1) and also explanatory note of LI 2017/81.
1: Amendments to Parts 1, 3, 4, and 4AA
Amendments to Part 1 (preliminary)
4: Section 4 amended (Overview)
After section 4(g)
gaaa: subpart 3 of Part 4 see also Schedule 3C
gaab: subpart 4 of Part 4
5: Interpretation
1: In section 5 existing works may be ; and
2: In section 5 existing works
d: in subpart 4 of Part 4, section 155ZS
6: New section 7A inserted (Transitional, savings, and related provisions)
After section 7
7A: Transitional, savings, and related provisions
The transitional, savings, and related provisions set out in Schedule 1AA Amendments to subpart 2 of Part 3 (amounts payable by liable persons to the Crown)
7: Section 79 amended (When 2 or more bodies corporate must be treated as 1 person)
After section 79(3)
4: If any of the circumstances described in subsection (1)﻿(a) to (e) apply to 2 or more bodies corporate for part of a year, those bodies corporate must be treated as 1 person in respect of that part of the year to which the relevant circumstance applies.
8: Section 80 amended (Interpretation)
In section 80 financial statements financial reporting standard financial statements
a: has the same meaning as in section 6 of the Financial Reporting Act 2013, unless section 79 applies; and
b: if section 79 applies and an applicable financial reporting standard requires the bodies corporate to produce group financial statements (within the meaning of section 7 of the Financial Reporting Act 2013), means those financial statements
9: Section 81 amended (Subpart does not apply to certain liable persons)
Replace section 81(2)﻿(a)
a: the person’s financial statements for the year preceding financial year A, which may be the financial statements for—
i: the financial year as defined in section 5; or
ii: if the person has a different accounting period, the relevant period for that person, provided that the financial statements are for a period of 12 consecutive months ending not more than 6 months before 30 June in the year preceding financial year A; and
10: New section 81A inserted (Application of subpart if non-liable person acquires assets of liable person)
After section 81
81A: Application of subpart if non-liable person acquires assets of liable person
1: Subsection (2)
2: The acquirer of the assets must, in relation to revenue associated with those assets, pay the amount of the telecommunications development levy determined under section 88(b), and any further amounts that may be payable to the Crown under section 89, as if the acquirer were the liable person, regardless of whether any part of the revenue taken into account in calculating that liability was received before the person acquired the assets.
3: To avoid doubt, an acquirer of assets who does not receive the minimum telecommunications revenue is not a liable person.
11: Section 83 amended (Liable persons must produce information for purposes of liability allocation determination)
1: Replace section 83(1)﻿(b)
b: either—
i: a report on the information provided by the liable person under subsection (1)﻿(a), prepared by a qualified auditor in accordance with an auditing and assurance standard issued under section 12 of the Financial Reporting Act 2013, as specified by the Commission; or
ii: an alternative form of assurance, as specified by the Commission, that the Commission is satisfied will enable it to make a determination.
2: Repeal section 83(2)
12: Section 91(2) repealed (Commission must notify final liability allocation determination before notifying TSO cost calculation determination)
Repeal section 91(2) Amendment to Part 4 (networks)
13: Subpart 3 of Part 4 replaced
Replace subpart 3
3: Access to property, involving rights of multiple parties, to deploy fibre optic media and other technology
Preliminary
155A: Purpose
The purpose of this subpart is to enable more people and businesses to obtain the benefits of fibre-to-the-premises and other technology, within a shorter time frame, by—
a: recognising that, when more than 1 person’s consent is required for an FTTP service provider or a network operator to access a property because each of those persons has some form of legal right in respect of that property, and there are difficulties in obtaining those consents, the process of installing infrastructure (such as fibre optic media) is delayed and opportunities to realise the benefits of that technology are missed; and
b: providing for a tiered system of statutory rights of access—
i: that FTTP service providers and network operators may use to access property and carry out installations in those situations; and
ii: that imposes different requirements for different methods of installation in order to ensure that the requirements are appropriate to the methods and their impact on the property; and
c: providing for a scheme for efficiently and effectively resolving disputes that may arise about rights and obligations under this subpart.
155B: Overview
1: This subpart—
a: provides statutory rights of access that FTTP service providers and network operators may use to access private property that is subject to legal rights of multiple persons in order to install, maintain, repair, and upgrade fibre optic media in circumstances where, but for those rights, the service providers or network operators would need to obtain the consent of more than 1 person (an affected person
b: enables the statutory rights of access to be applied to service providers and network operators in order to install, maintain, repair, or upgrade prescribed other technology ( see sections 155E and 155ZO(1)﻿(b)
c: sets out general preconditions for the statutory rights of access to apply, including that the installation does not involve affected persons paying for any costs of the installation ( see section 155J
d: sets out particular preconditions that an FTTP service provider or a network operator must satisfy before exercising the statutory rights, and provides that those preconditions—
i: depend on whether the method that the service provider or network operator intends to use for installing the fibre optic media or prescribed other technology is prescribed as a category 1 installation or category 2 installation:
ii: require the service provider or network operator to give every affected person, and the person who placed the order with a retail provider for the FTTP service to be installed, a preliminary notice of its intention to enter property and carry out a category 1 installation, but do not require it to obtain the consent of any of those persons ( see section 155K
iii: require the service provider or network operator to give every affected person, and the person who placed the order for the FTTP service to be installed, a preliminary notice of its intention to enter a property and carry out a category 2 installation and, unless any affected person objects within the time allowed, deem each affected person to have consented to the entry and installation ( see sections 155L to 155P
iv: in the case of a body corporate administered property, require the service provider or network operator to satisfy the preconditions for a category 2 installation, regardless of whether the installation is a category 1 or a category 2 installation ( see sections 155Q to 155X
e: provides for the grounds on which an affected person may object to a category 2 installation and, for body corporate administered properties, also provides additional grounds for objection ( see sections 155N and 155T
f: in the case of a body corporate administered property,—
i: provides a separate statutory right of access for FTTP service providers and network operators to enter the property in order to design installations ( see section 155Q
ii: requires the body corporate to give to all owners of flats and units forming part of the property the body corporate’s reasons for objecting to an installation ( see section 155W
g: provides for how FTTP service providers and network operators must exercise their statutory rights of access ( see sections 155Z to 155ZB
h: for non-prescribed methods of installation, confirms that the rights that an FTTP service provider or a network operator has to enter property and carry out work for the purposes of the installation are the rights (if any) that it has under the general law and any relevant enactments ( see section 155ZC
i: provides for statutory rights of access for FTTP service providers and network operators to re-enter property for the purpose of inspecting, maintaining, repairing, or upgrading all or part of a fibre-to-the premises access network if certain preconditions are met ( see sections 155ZD and 155ZE
j: provides for a dispute resolution scheme to be established for resolving disputes relating to the statutory rights of access given by this subpart ( see sections 155ZG to 155ZN Schedule 3C
k: provides for methods of installation to be prescribed as category 1 or category 2 installations for the purposes of the subpart, depending on the impact that the method of installation may have on the property, and for other matters to be prescribed by regulations for the purposes specified in section 155ZO
l: grants the body corporate of a unit title development an exemption from the duty to maintain fibre networks installed as part of the UFB initiative (which would otherwise arise under the Unit Titles Act 2010) ( see section 155ZP
2: This section is a guide only to the general scheme and effect of this subpart.
155C: Status of examples
1: An example used in this subpart is only illustrative of the provision to which it relates. It does not limit the provision.
2: If an example and the provision to which it relates are inconsistent, the provision prevails.
155D: Interpretation
1: In this subpart, unless the context otherwise requires,— affected person
a: means a person whose consent an FTTP service provider or a network operator would, but for this subpart, have to obtain before entering the property or carrying out the installation; and
b: does not include the person who placed the order with a retail provider for the FTTP service to be installed Example
A flat-owning company owns a property comprising a block of 20 flats (and the land on which it is built). It is a company share property. The flats are situated at the end of a driveway. Three easements over the driveway enable residents of the flats as well as 2 neighbours, each living in a stand-alone house on either side of the driveway, to access their respective properties. Mark rents one of the flats. He wants an Ultra-fast Broadband connection, so he obtains his landlord’s agreement to place an order for an FTTP service to be installed to the flat. Mark, acting as agent for the landlord, places the order with a retail provider. To get fibre optic media from the road through to Mark’s flat, the FTTP service provider has to use a method of installation that depends on the service provider being able to carry out work on the driveway. The body corporate and the neighbours on either side of the driveway are the only affected persons in relation to the installation. This is because they are the persons whose consent to the entry and installation would be required at law,— in the case of the body corporate, as the owner of the property in which the installation is to be carried out and also as a person with rights under an easement over the driveway: in the case of each of the 2 neighbours, as persons with rights under their easements over the driveway. Mark’s landlord, on whose behalf Mark is acting when he places the order for an FTTP service, is not an affected person because of the exclusion in paragraph (b) Mark is not an affected person because he does not have any legal interest in the flat and is therefore not a person whose consent the FTTP service provider would have been required to obtain were it not for this subpart. body corporate administered property
a: a company share property:
b: a unit title development:
c: real property owned under another legal structure (if any) that—
i: comprises 2 or more distinct units (for example, within a building) or a group of buildings used communally; and
ii: is administered by a body corporate category 1 installation category 2 installation company share property dispute resolution scheme section 155ZG fibre-to-the-premises access network section 156AB FTTP service FTTP service provider installing carrying out an installation maintaining, repairing, or upgrading section 155ZD(5) maintenance non-prescribed installation prescribed section 155ZO clause 16 of Schedule 3C prescribed other technology section 155ZO(1)﻿(b) property UFB initiative unit owner unit title development
2: In this subpart, unless the context otherwise requires, a reference to a person who places an order for an FTTP service to be installed is a reference to the owner of the property (or, in the case of a body corporate administered property, the unit owner) to which the order relates, regardless of whether the owner places the order himself or herself or authorises another person (for example, a tenant) to place the order as agent on the owner’s behalf.
155E: References to fibre optic media, etc, include other prescribed technology
In this subpart, unless otherwise stated or the context otherwise requires,—
a: a reference to an installation of fibre optic media or an FTTP service includes a reference to the installation of a prescribed other technology or a service involving the installation of a prescribed other technology; and
b: a reference to a fibre-to-the-premises access network includes a reference to a network—
i: that comprises prescribed other technology; or
ii: of which prescribed other technology forms a part.
155F: Relationship with other statutory rights of access
This subpart does not limit the statutory rights of access for existing works provided for in sections 120 to 127.
155G: Notices under this subpart
A notice required to be given to a person under this subpart must, unless otherwise stated,—
a: be in writing; and
b: be given in the prescribed manner. Nature and application of statutory rights of access under subpart
155H: How long statutory rights of access apply for
The statutory rights of access given by this subpart apply,—
a: in relation to FTTP service providers and network operators installing fibre optic media, for the period starting on the date that this subpart comes into force and ending on 1 January 2025; and
b: in relation to FTTP service providers and network operators exercising certain ongoing rights of access to installed fibre optic media, for the periods specified in section 155ZD
c: in relation to network operators and installations of prescribed other technology, for the prescribed period.
155I: Nature of statutory rights of access
1: The statutory rights of access given by this subpart are that an FTTP service provider or a network operator may, for the purpose of carrying out a category 1 or category 2 installation of fibre optic media as part of a fibre-to-the-premises access network,—
a: enter property at reasonable times, and may enter the property with a person who is, or thing that is, reasonably necessary for the purposes of carrying out the installation; and
b: perform work that is reasonably necessary for the purposes of that installation.
2: The statutory rights of access referred to in subsection (1)
a: the general preconditions stated in section 155J
b: the FTTP service provider or network operator has complied with the particular preconditions,—
i: for a category 1 installation, stated in section 155K
ii: for a category 2 installation, stated in section 155L
iii: for an installation in a body corporate administered property (regardless of whether the installation is a category 1 or a category 2 installation), stated in section 155R
3: If an installation is in a property other than a body corporate administered property and involves both category 1 and category 2 methods of installation, the whole installation must be treated as a category 2 installation and (in addition to complying with the general preconditions stated in section 155J section 155L
4: If an installation involves more than 1 method of installation and all methods are prescribed as category 1 methods, the FTTP service provider or network operator must treat the whole installation as a category 1 installation.
5: If an installation involves more than 1 method of installation and all methods are prescribed as category 2 methods, the FTTP service provider or network operator must treat the whole installation as a category 2 installation.
6: A further statutory right of access is given to FTTP service providers and network operators for designing installations in body corporate administered properties ( see section 155Q
155J: General preconditions for statutory rights of access to apply
1: The general preconditions for the statutory rights of access given by this subpart to apply are that—
a: a person has, after the commencement of this subpart, placed an order with a retail provider for an FTTP service to be installed; and
b: the installation involves 1 or more affected persons; and
c: no affected person is liable to pay for the costs of the installation, or part of those costs, without the affected person’s express agreement; and
d: the FTTP service provider or network operator carrying out the installation is a member of the dispute resolution scheme.
2: In relation to subsection (1)﻿(a) see clauses 2 to 5 of Schedule 1AA section 13 2017 Particular preconditions for category 1 and category 2 installations (in properties other than body corporate administered properties)
155K: Particular preconditions before exercising statutory right of access to carry out category 1 installation
1: Before an FTTP service provider or a network operator enters a property and carries out a category 1 installation, the service provider or network operator must first give a preliminary notice to—
a: each affected person; and
b: the person who placed the order with a retail provider for an FTTP service to be installed.
2: The preliminary notice must—
a: be given not less than 5 working days before the service provider or network operator enters the property to carry out the installation; and
b: state when the service provider or network operator is intending to enter the property and carry out the installation; and
c: include a general explanation of what will be involved in carrying out the installation; and
d: identify any access areas that the service provider or network operator may want to use when carrying out the installation; and
e: comply with the prescribed requirements (if any).
3: This section does not apply to a category 1 installation in a body corporate administered property ( see sections 155Q and 155R
155L: Particular preconditions before exercising statutory right of access to carry out category 2 installation
1: Before an FTTP service provider or a network operator enters a property and carries out a category 2 installation under this subpart, the service provider or network operator must—
a: first give a preliminary notice and a high-level design plan of the installation that set out the information described in section 155M
i: each affected person; and
ii: the person who placed the order with a retail provider for the FTTP service to be installed; and
b: not have received an objection under section 155N
2: This section does not apply to a category 2 installation in a body corporate administered property ( see section 155R
155M: Requirements in respect of preliminary notice and design plan for category 2 installations
1: The preliminary notice about a category 2 installation given to each person under section 155L(1)﻿(a)
a: state when the FTTP service provider or network operator is intending to enter the property and carry out the installation; and
b: include a general explanation of what will be involved in carrying out the installation; and
c: identify any access areas that the service provider or network operator may want to use when carrying out the installation; and
d: set out the grounds on which an affected person may object to the FTTP service provider or network operator entering the property and carrying out the installation under this subpart; and
e: state how an affected person may object and the time within which an objection must be made; and
f: comply with the prescribed requirements (if any).
2: The high-level design plan required under section 155L(1)﻿(a)
a: where the installation method (or, if more than 1, where each installation method) is to be used on the property; and
b: where the network equipment (if any) associated with that installation method is proposed to be put. Objections to exercise of statutory right of access to carry out category 2 installations
155N: Grounds and time for objecting to exercise of statutory right of access to carry out category 2 installation
1: An affected person may object to the FTTP service provider or network operator exercising a statutory right of access to enter property and carry out a category 2 installation, on 1 or more of the following grounds:
a: the person disputes ownership of property that the proposed installation will make use of or disturb:
b: the person can demonstrate that the installation will have a materially negative impact on the value of the person’s property:
c: the person can identify ways in which the proposed installation will unreasonably impact on the person’s enjoyment of the property, or worsen an existing problem with the property, other than by having a visual impact alone:
d: the person can demonstrate that the proposed installation will impede the person’s plans for development of the property:
e: the person has an easement over the property affected and can demonstrate that the proposed installation will have an enduring impact on the terms and conditions of that easement:
f: the prescribed grounds (if any).
2: An affected person who wants to object to a network operator exercising a statutory right of access under this section must do so by giving a notice of objection to the FTTP service provider or network operator within 15 working days after receiving the preliminary notice and high-level design plan for the installation under section 155L(1)﻿(a)
3: Nothing in this section, or any other provision of this subpart, affects the right of a person to cancel an order that the person has placed for an FTTP service to be installed.
155O: Effect of objection to exercise of statutory right of access for category 2 installation
1: If the FTTP service provider, network operator, or person who placed the order with a retail provider for the FTTP service to be installed (in each case, person A section 155N
2: If person A refers the dispute to the dispute resolution scheme, the FTTP service provider or network operator has no statutory right of access to enter the property and carry out the installation unless there is a binding resolution of the dispute under the rules of the scheme or an order of the District Court allows it to exercise that right.
155P: Deemed consent to category 2 installation
Each affected person is deemed to have consented to an FTTP service provider or a network operator entering the property and carrying out a category 2 installation if the preconditions in sections 155J and 155L Statutory rights of access to body corporate administered properties
155Q: Statutory right of access to common areas of body corporate administered properties for designing installations
1: The statutory right of access given by this section applies after a person has placed an order with a retail provider for an FTTP service to be installed in a body corporate administered property.
2: For the purpose of inspecting the property, to design an installation, an FTTP service provider or a network operator—
a: has a statutory right to enter those areas of the property that are owned by the body corporate on behalf of unit owners as common property and that unit owners are able to freely access on a day-to-day basis; and
b: may, with the permission of the body corporate (which must not be unreasonably withheld), enter other areas of the property owned by the body corporate on behalf of unit holders as common property.
3: Before entering any area of the property that is not common property (for example, a person’s unit in a unit title development or a flat or an office in a building owned by a flat or office owning company within the meaning of Part 7A of the Land Transfer Act 1952), the FTTP service provider or network operator must obtain the permission of the owner or another person who has the legal right to occupy or exclusively use that area of the property. Example
The owner of an apartment on the top floor of a 3-storey apartment building places an order with a retail provider for an FTTP service to be installed. There are 3 external access ways on the building, one running along the back of each floor, and external staircases that link the access ways. Apartment owners can use these access ways and stairs to move between floors. The FTTP service provider wants to find out whether it will be possible to carry out the installation to the apartment using external conduit alone. The access ways and staircases are owned and held by the body corporate of the building as common property and there are no barriers restricting free access to those parts of the building. The FTTP service provider therefore has a statutory right to enter the property and inspect the external access ways and staircases up to the top floor for the purposes of finding out whether it will be possible to use external conduit and to design a suitable installation.
155R: Particular preconditions before exercising statutory right of access to body corporate administered property for carrying out category 1 and 2 installations
Before an FTTP service provider or a network operator enters a body corporate administered property and carries out a category 1 or a category 2 installation in reliance on a statutory right of access under this subpart, the service provider or network operator must—
a: first give the body corporate a preliminary notice and high-level design plan in accordance with section 155S
b: not have received an objection under section 155T
155S: Requirements in respect of preliminary notice and design plan given to body corporate
1: The preliminary notice and high-level design plan given to a body corporate about a category 1 or category 2 installation under section 155R section 155M
2: However, in complying with section 155M(1)﻿(d) section 155T section 155N
155T: Grounds and time for body corporate objecting to statutory right of access to carry out category 1 or category 2 installation
The body corporate may object to a category 1 or category 2 installation under section 155R section 155N
a: the body corporate considers that the installation will result in unacceptable disruption to the availability of telecommunications services to unit owners during business hours:
b: the body corporate considers that there is a real likelihood the installation as designed would breach 1 or more enactments applying to the body corporate and the property (for example, the Building Code, the Heritage New Zealand Pouhere Taonga Act 2014, or the Health and Safety at Work Act 2015):
c: the body corporate considers that the proposed installation will prevent it from meeting its existing contractual obligations and the body corporate can provide documentation confirming this:
d: any prescribed grounds.
155U: FTTP service provider or network operator may extend time for body corporate objections
1: An FTTP service provider or a network operator may, on its own initiative or at the request of the body corporate, extend the time for a body corporate to object to a category 1 or category 2 installation under section 155T
2: If a body corporate wants to request an extension under this section, it must do so by giving a notice to the FTTP service provider or network operator before the end of the 15-working-day period allowed for objecting under section 155T section 155N
3: An FTTP service provider or a network operator must not unreasonably withhold permission if it receives a request for an extension under subsection (2)
155V: Effect of body corporate objections
If an FTTP service provider or a network operator disputes the validity of a body corporate’s objection under section 155T
a: the service provider or network operator may refer the dispute to the dispute resolution scheme; and
b: section 155O(2)
155W: Requirement for governing bodies to give unit owners reasons for objections
1: A body corporate that objects to an installation under section 155T
2: The notice must—
a: be in writing; and
b: be given not later than 10 working days after the body corporate lodges its objection.
155X: Deemed consent of body corporate to category 1 or category 2 installation
The body corporate of a body corporate administered property is deemed to have consented to an FTTP service provider or a network operator entering the property and carrying out a category 1 or category 2 installation if the preconditions in sections 155J and 155R Exercising statutory rights of access for category 1 and category 2 installations
155Y: Application of sections 155Z to 155ZB
Sections 155Z to 155ZB
155Z: How statutory rights of access must be exercised
1: An FTTP service provider or a network operator must comply with the following requirements when exercising its statutory right of access under this subpart to enter property and carry out an installation:
a: the owner and the occupier of the property must be given reasonable notice of the service provider’s or network operator’s intention to enter the property to start the installation if,—
i: the FTTP service provider or network operator did not, in the preliminary notice given under section 155K, 155L 155R
ii: the FTTP service provider or network operator specified a date in that preliminary notice but that date has changed; and
b: from the start to the completion of the installation, entry to the property must be made at reasonable times; and
c: entry to the property must be made only by an officer, employee, or agent of the service provider or network operator authorised by it in writing; and
d: the person authorised to enter must produce evidence of his or her authority and identity if asked to do so.
2: In subsection (1) evidence of authority
155ZA: Restrictions on use of access areas during installations, reinstatements, etc
1: An FTTP service provider or a network operator using an access area to carry out a category 1 or category 2 installation, or to carry out any of the work specified in subsection (2)
a: the period or periods of time prescribed (if any); or
b: if no period of time is prescribed, the period of time reasonably necessary to complete the installation or work.
2: The work referred to in subsection (1)
a: reinstating property under section 155ZB
b: performing any act or operation under section 155ZD(1)﻿(a)
c: extending an installation under section 155ZD(1)﻿(b)﻿(i)
d: permanently reinstating an area under section 155ZD(1)﻿(b)﻿(ii)
155ZB: Obligation to reinstate property
An FTTP service provider or a network operator must, as soon as practicable after completing an installation, reinstate the area of the property impacted or disturbed by the installation as closely as reasonably possible to its original condition before the installation. Non-prescribed installations
155ZC: Non-prescribed installations
If an FTTP service provider or a network operator wants to enter property and carry out a non-prescribed installation involving 1 or more affected persons,—
a: none of the statutory rights of access under this subpart applies; and
b: the service provider or network operator must obtain rights to enter the property and carry out the installation in accordance with the general law and any relevant enactment applying at the time. Ongoing rights of access to installed fibre infrastructure
155ZD: Ongoing rights of access
1: The rights of access given by this section are for an FTTP service provider or a network operator to,—
a: at any time before or after 1 January 2025, for an indefinite period, re-enter property to perform any act or operation necessary for the purpose of inspecting, maintaining, repairing, or upgrading all or any part of a fibre-to-the-premises access network that the service provider or network operator owns and that was installed (whether by the service provider or network operator who owns the fibre-to-the-premises network at the time of the re-entry or a previous owner) at any time after 1 July 2012; and
b: at any time before 1 January 2025, re-enter property to—
i: extend an installation that forms part of a fibre-to-the-premises access network described in paragraph (a)
ii: permanently reinstate an area where, at the time of installing, maintaining, repairing, or upgrading part of the fibre-to-the-premises access network, the service provider or network operator reinstated the property on an interim basis only, until a permanent reinstatement could be undertaken.
2: The rights of access apply if—
a: the FTTP service provider or network operator who entered the property and carried out the original installation did so after obtaining the consent of more than 1 person, or entered the property under this subpart; and
b: the FTTP service provider or network operator complies with the conditions in section 155ZE
c: neither of the circumstances in subsection (3)
3: The rights of access given by this section do not apply if—
a: the FTTP service provider or network operator has rights of access equivalent to the rights in subsection (1)
b: the part of the fibre-to-the-premises access network that the FTTP service provider or network operator wants to access was installed in breach of legal rights or obligations in that the service provider or network operator that carried out the original installation—
i: failed to obtain all necessary consents for the installation; or
ii: acted outside the terms of 1 or more consents given by persons in respect of the installation.
4: To avoid doubt, this section applies, with all necessary modifications, to a network operator and prescribed other technology that is installed in reliance on the rights of access given by this subpart.
5: In this section, maintaining, repairing, or upgrading
a: any repairs and any other activities for the purpose of maintaining, or that have the effect of maintaining, part of the fibre-to-the-premises access network; and
b: the carrying out of any replacement or upgrade of existing works, as long as the land will not be injuriously affected as a result of the replacement or upgrade. 1992 No 122 s 23(3)
155ZE: Conditions of ongoing rights
1: The rights of access given by section 155ZD
a: entry to the property must be made only by a person who—
i: is an officer, employee, or agent of the FTTP service provider or network operator; and
ii: is authorised by the service provider or network operator, in writing, to make that entry; and
b: the owner and the occupier of the property must be given reasonable notice of the intention to enter the property; and
c: entry must be made at reasonable times; and
d: the person entering must produce evidence of his or her authority and identity, if asked to do so; and
e: the property must be reinstated as provided in section 155ZB
2: The conditions in subsection (1)
a: necessary in circumstances of probable danger to life or property; or
b: immediately necessary to maintain the continuity or safety of the supply of telecommunications. Protection of interests in installations
155ZF: Protection of interests in installations
1: This section applies to a category 1 or category 2 installation that forms part of a fibre-to-the-premises access network, including any work in relation to or in connection with the installation, if—
a: it is fixed to, or installed under or over, land that is not owned by the FTTP service provider or network operator; and
b: the service provider or network operator carried out the installation after 1 July 2012; and
c: the FTTP service provider or network operator entered the property and carried out the installation after obtaining the required consents or entered the property under this subpart; and
d: neither of the circumstances described in section 155ZD(3)
2: If this section applies,—
a: the installation and work are deemed to be lawfully fixed or installed and continue to be lawfully fixed or installed until the FTTP service provider or network operator decides otherwise; and
b: no person other than the FTTP service provider or network operator has an interest in the installation or work by reason only of having an interest in the land. 2001 No 103 s 155 Dispute resolution process
155ZG: Dispute resolution scheme
1: The dispute resolution scheme
a: the approved scheme defined in clause 2 Schedule 3C
b: the regulated scheme provided for in regulations made under clause 16 Schedule 3C
2: The procedures for referring disputes to the dispute resolution scheme are as set out in the rules of the dispute resolution scheme. 2010 No 116 s 95
155ZH: FTTP service providers and network operators exercising statutory access rights must be members of dispute resolution scheme
1: Every FTTP service provider and network operator that relies on a statutory right of access under this subpart (other than an FTTP service provider or network operator and that is referred to in subsection (2)
a: in order to install fibre optic media, must be a member of the dispute resolution scheme and must remain a member of the scheme until 1 January 2026:
b: in order to install a prescribed other technology, must be a member of the dispute resolution scheme for the period that—
i: starts on the day after the date on which the order prescribing that technology as other technology for the purposes of this subpart comes into force; and
ii: ends on the date that is 10 years later.
2: Subsection (1)
3: Despite subsection (1) Gazette
a: identifies the person that is exempt from the obligation to be a member; and
b: gives reasons for the exemption.
4: The Minister may grant an individual exemption to a person only if he or she is satisfied that membership of the dispute resolution scheme by the person is not necessary in order to meet the purpose of the dispute resolution scheme (as set out in clause 1 of Schedule 3C
a: that person has permanently stopped carrying out installations; and
b: all disputes involving that person that have been referred to the scheme (if any) have been dealt with; and
c: it is unlikely that other disputes involving that person are yet to be referred to the scheme.
5: The Minister may amend or revoke an individual exemption by issuing a notice in the Gazette
a: first notifies the exempt person (where possible) of the proposed amendment or revocation and gives the person a reasonable opportunity to comment on the proposal; and
b: is satisfied that the amendment or revocation is necessary or desirable in order to meet the purpose of the dispute resolution scheme.
6: The Ministry must ensure that an up-to-date list of all exemptions is available at all reasonable times on an Internet site maintained by or on behalf of the Ministry.
7: An exemption that is granted, amended, or revoked under this section is not a disallowable instrument for the purposes of the Legislation Act 2012 and does not have to be presented to the House of Representatives under section 41 of that Act. 2010 No 116 s 96
155ZI: Disputes may be referred to dispute resolution scheme
1: A dispute between the following persons about their rights and obligations under this subpart in relation to an installation may be referred to the dispute resolution scheme by any of the parties to the dispute:
a: a dispute between an FTTP service provider or a network operator and—
i: a person who places an order with a retail provider for an FTTP service to be installed:
ii: the body corporate of a body corporate administered property:
iii: an affected person; and
b: a dispute between a person who places an order with a retail provider for an FTTP service to be installed and an affected person; and
c: a dispute between an FTTP service provider or a network operator and a person affected by a re-entry under section 155ZD(1)﻿(b)
2: Subsection (1)﻿(b)
3: Disputes that may be referred to the dispute resolution scheme include disputes about—
a: whether a statutory right of access under this subpart applies for an FTTP service provider or a network operator to enter a property and carry out a proposed installation:
b: the validity of a person’s grounds for objecting to an FTTP service provider or a network operator exercising a statutory right of access under this subpart to carry out a category 2 installation (or, in the case of a body corporate administered property, a category 1 or category 2 installation):
c: whether an FTTP service provider or a network operator has complied with requirements under this subpart when exercising a statutory right of access (including the requirement to reinstate property when an installation is completed):
d: other matters provided for in the rules of the scheme. Example
This example refers to the situation set out in the example in section 155D(1) The method that the FTTP service provider has to use in order to get fibre optic media from the road to Mark’s flat via the driveway is prescribed as a category 2 installation. The FTTP service provider therefore gives the flat-owning company and each of the 2 neighbours a notice and high-level design plan that set out the information required under section 155R Within 15 working days after receiving the notice, 1 of the neighbours objects, on the grounds that the work involved may worsen a subsidence problem in one corner of that person’s property ( section 155N section 155T(a) The FTTP service provider is unable to reach an agreed settlement with either the neighbour or the body corporate concerning the validity of their objections and therefore refers each dispute to the dispute resolution scheme. After further unsuccessful attempts to settle each dispute, the FTTP service provider requests that a determination be made on each dispute under the rules of the scheme. The person determining the disputes concludes that there are no grounds for the body corporate’s objection. This determination is binding on the FTTP service provider as a member of the scheme ( section 155ZJ(2) sections 155ZK and 155ZL However, the neighbour’s objection is determined to be valid, meaning that the FTTP service provider cannot exercise a statutory right of access to carry out the installation. This is binding on the FTTP service provider and it cannot appeal to the District Court ( section 155ZJ(2) The owner of Mark’s flat, as the person who placed the order for the installation, does not have a right to refer a dispute to the dispute resolution scheme, either in relation to the body corporate’s objection or in relation to the neighbour’s objection ( subsection (2) Mark does not have any right to refer a dispute to the dispute resolution scheme under this section either. He is not the person who placed the order for the installation ( see section 155D(2) see section 155D(1)
155ZJ: Determinations binding on members and certain other parties
1: This section applies if a dispute is referred to the dispute resolution scheme and a determination is made on the dispute under the rules of the scheme.
2: The determination is binding on each party to the dispute that is a member of the dispute resolution scheme (except to the extent that it may be modified by the District Court under section 155ZM(3)
3: The determination is binding on each party to the dispute who is not a member of the dispute resolution scheme, except if one of those parties lodges an appeal against the determination under section 155ZK
155ZK: Appeals against determinations
1: A party to the dispute that is not a member of the scheme may, within the time allowed under section 155ZL(1)
2: The court may confirm, modify, or reverse the decision appealed against.
3: The decision of the court on the appeal is binding on all persons named as parties in the determination, and there is no right of appeal against the court’s decision.
155ZL: Procedure on appeal
1: An appeal under section 155ZK
a: an appeal must be brought within 5 working days after the determination appealed against is notified to the party wanting to lodge the appeal, or any further time the court allows on an application made before or after that period ends; and
b: the dispute resolution scheme, as the maker of the determination appealed against, is not entitled to be represented at the hearing of the appeal; and
c: the court on appeal may not refer the determination back to the dispute resolution scheme for any purpose.
2: The court may hear all evidence provided and representations made by or on behalf of any party to the appeal that the court considers relevant to the appeal, whether or not the evidence would be admissible in a court.
155ZM: Compliance with rules, binding settlements, and determinations
1: Members of the dispute resolution scheme and each party to a dispute that is referred to the scheme must comply with the rules of the scheme.
2: On the application of the person responsible for the dispute resolution scheme, the District Court may require a member of the dispute resolution scheme or other person who is a party to a dispute to—
a: comply with the rules of the scheme:
b: comply with the terms of a binding settlement or determination made under the rules of the scheme.
3: If the District Court is satisfied that the terms of a binding settlement or determination are manifestly unreasonable, the court's order under subsection (2)﻿(b)
4: If an order requiring a member to comply with a binding settlement includes a requirement that the member pay an amount of money to a person, that order (or part of the order) may be enforced as if it were a judgment by the District Court for the payment of a sum of money.
5: A reference in this section to a member includes a reference to a person who was a member of the dispute resolution scheme at the relevant time but is no longer a member at the time of the application or order. 2010 No 116 s 97
155ZN: Levy for regulated dispute resolution scheme
1: This section applies if the dispute resolution scheme is the regulated scheme.
2: Every FTTP service provider and network operator that relies on a statutory right of access under this subpart (or a prescribed class of those persons) must pay to the Minister in each financial year or part financial year (as the case may require) a prescribed levy.
3: Subsection (2) section 155ZD(1)﻿(b)
4: The Governor-General may, by Order in Council made on the recommendation of the Minister, make regulations providing for the levy.
5: The levy must be prescribed on the basis that the costs of establishing and operating the dispute resolution scheme should be met fully out of the levy.
6: The Governor-General, in making regulations under this section, has the same powers as those set out in section 11(3). Regulations and exemption
155ZO: Regulations
1: The Governor-General may, by Order in Council made on the recommendation of the Minister in accordance with subsections (2) to (4)
a: prescribing, for the purposes of section 155G
b: prescribing other technology for the purposes of this subpart:
c: prescribing how long statutory rights of access apply for a prescribed other technology for the purposes of section 155H(c)
d: prescribing requirements for preliminary notices for the purposes of section 155K(2) or 155M(1)
e: prescribing methods of installation as category 1 installations (including requirements applying to those installations) for the purposes of this subpart:
f: prescribing methods of installation as category 2 installations (including requirements applying to those installations) for the purposes of this subpart:
g: prescribing grounds on which affected persons may object to category 2 installations for the purposes of section 155N
h: prescribing grounds on which the body corporate of a body corporate administered property may object to a category 1 or category 2 installation for the purposes of section 155T
i: prescribing when grounds for objection apply, do not apply, or apply with modifications:
j: prescribing periods of time for the purposes of section 155ZA
i: different periods of time for each category of installation:
ii: different periods of time for each type of work specified in section 155ZA(2)
iii: different times in the day during which any prescribed period of time applies:
iv: the number of occasions, during any period of time, that an FTTP service provider may restrict or block other persons from using an access area:
k: prescribing fees payable by members of the dispute resolution scheme in respect of any matter relating to disputes under this subpart, or the manner in which such fees may be calculated:
l: prescribing how information may or must be given to, provided to, or served on any person under this subpart and other matters relating to that procedure (including when the information is treated as received or as having been given, provided, or served for the purposes of this subpart and the regulations):
m: providing for any other matters contemplated for this Act, necessary for its administration, or necessary for giving it full effect.
2: Before recommending regulations prescribing other technology under subsection (1)﻿(b)
a: consult the persons or organisations that appear to the Minister to be representative of the interests of those persons likely to be substantially affected by the regulations; and
b: be satisfied that the technology proposed—
i: is to be deployed on a large scale; and
ii: will provide benefits to New Zealand; and
iii: cannot be installed without the consent of multiple parties first being obtained and this requirement is preventing, or is likely to prevent, the benefits to New Zealand of the technology being realised.
3: Before recommending regulations prescribing a method of installation as a category 1 installation under subsection (1)﻿(e)
4: Before recommending regulations prescribing a method of installation as a category 2 installation under subsection (1)﻿(f)
a: any disruption that the installation may cause for users of the property will be temporary; and
b: any lasting, substantial, physical impact that the installation may have on the property is justifiable in support of the mass market roll-out of a telecommunications network. Examples of category 1 and category 2 installations
Examples of category 1 installations are— an installation that uses existing equipment such as ducts or conduit: an aerial installation: an installation that only disturbs soft surfaces and where those surfaces can easily be restored. Examples of category 2 installations are— micro-trenching where the width of the cut is not more than the prescribed width: an installation that is predominantly below the surface, such as directional drilling, where the physical impact is limited to access points, or entry and exit points, that do not exceed the prescribed size: open trenching where the size of the trench, once reinstated, is not more than the prescribed size.
5: A failure to comply with this section does not affect the validity of the regulations made.
155ZP: Exemption from body corporate duties of repair and maintenance
1: A body corporate is exempted from any obligation to repair and maintain fibre network equipment installed in its complex if that network was installed as part of the UFB initiative.
2: Subsection (1)
a: section 138 of the Unit Titles Act 2010:
b: the terms of any licence, lease, or other instrument that, but for this section, would require a body corporate to repair and maintain that equipment.
155ZQ: Relationship to other enactments
The provisions of this subpart do not affect or limit the scope or application of any other enactment regulating acts or omissions in relation to accessing property and installing fibre optic media or other technology, except to the extent that the enactment is inconsistent with, or modified by, this Act.
4: Right of access to use existing electricity works for telecommunications and deploying fibre optic cable
155ZR: Purposes
1: The overall purpose of this subpart is to make a significant contribution to the work and personal lives of people residing in rural areas of New Zealand, in particular, by enabling existing electricity infrastructure to be used for deploying fibre optic cable and, by that means,—
a: accelerate the roll-out of fibre-to-the-premises in those areas; and
b: enable access to high-speed communications for businesses, for schools, and for individual purposes, including for accessing health, banking, and other services, and for establishing and maintaining social and support networks.
2: To those ends, the other purposes of this subpart are to—
a: provide owners of existing works (including power poles, overhead lines, and other infrastructure connected with the generation, conversion, transformation, or conveyance of electricity) with a right to enter rural and other land on which those existing works are situated and use the works for the purposes of deploying, maintaining, and upgrading fibre optic cable for delivering telecommunications services; and
b: ensure that the owners of the existing works provide the owners of the land on which those works are situated with direct benefits to offset the impact of the right of entry on the landowner’s own property rights; and
c: ensure that owners of existing works and third parties are subject to open access obligations enforceable by the Commission and that owners of existing works may be subject to other regulatory action if they are not exercising their rights under this subpart and are refusing third party requests for arrangements enabling third parties to use those rights for deploying fibre optic cable.
155ZS: Interpretation
In this subpart, unless the context otherwise requires,— breakout point connection point existing works
a: has the same meaning as in section 2(1) of the Electricity Act 1992; and
b: includes works comprising fibre optic cable installed on existing works before 1 December 2016 and used or intended to be used in connection with the conveyance of electricity (for example, fibre optic cable installed for the purposes of monitoring and ensuring control of the electricity network) fibre optic works
a: means fittings, including fibre optic cable and related materials, used or intended to be used in connection with installing, maintaining, or upgrading any part of a fibre-based network for telecommunications that incorporates fibre optic cable deployed on existing works; and
b: means the installation, maintenance, or upgrading of any part of a fibre-based network for telecommunications as described in paragraph (a)
c: does not include fibre optic cable that falls within paragraph (b) layer 1 layer 1 service layer 2 layer 2 service maintenance
a: repairs and other activities for the purpose of maintaining, or that have the effect of maintaining, fibre optic works; and
b: the carrying out of any replacement or upgrade of fibre optic works OSI Model point of supply repurposed fibre paragraph (b) service provider third party
a: a service provider:
b: a network operator. 1992 No 122 s 23(3)
155ZT: Right for owners of existing works to enter land and carry out fibre optic works
1: An owner of existing works may enter land on which the works are situated for the purpose of accessing those works and carrying out fibre optic works.
2: The right of entry is subject to the conditions that the owner of the existing works—
a: complies with the notice requirements in section 155ZZB(2)﻿(c) to (g)
b: provides the landowner with the capability to connect to a fibre-to-the-premises access network (whether by including, when the fibre optic cable is first being deployed on the existing works, a breakout point in a position that the owner of the existing works considers appropriate, or by any other means suitable for ensuring connectability between the landowner’s property and a network); and
c: provides a single fibre connection to the connection point that meets the relevant requirements in section 155ZU
3: The requirements in subsection (2)﻿(b) and (c)
155ZU: Fibre optic connections that owners of existing works must provide to landowners
Standard connections
1: If the distance between the breakout point (or equivalent) and the connection point is 200 metres or less, the owner of the existing works must provide the landowner with a standard connection.
2: The owner of the existing works provides a standard connection by aerially installing up to, and including, 200 metres of fibre optic cable between the breakout point (or equivalent) and the connection point, at no cost to the landowner. Non-standard connections
3: If the distance between the breakout point (or equivalent) and the connection point is more than 200 metres, the owner of the existing works must provide the landowner with a non-standard installation.
4: The owner of the existing works provides a non-standard installation by—
a: aerially installing up to, and including, 200 metres of fibre optic cable along the distance between the breakout point (or equivalent) and the connection point, at no cost to the landowner; and
b: contributing 50% of the costs of aerially installing fibre optic cable over the remaining distance, up to, and including, 500 metres, between the 200 metres installed under paragraph (a) Rights and obligations of owner of existing works and landowner where aerial installation not possible
5: Despite subsections (1) to (4)
a: the landowner must provide, or meet the cost of, that trenching; and
b: the obligation of the owner of the existing works is not affected, except to the extent that, in any place where the fibre optic cable cannot be installed aerially, the landowner is responsible for trenching in that place as provided in paragraph (a) Variations
6: Nothing in this section prevents an owner of existing works and a landowner from entering into an agreement to replace or vary the rights and obligations concerning the installation of a fibre connection to a building on the landowner’s property provided for in this section.
7: In this section, an equivalent section 155ZT(2)﻿(b) Third party use of existing works
155ZV: Third party use of existing works for carrying out fibre optic works
1: An owner of existing works and a third party may enter into an arrangement for the third party to use the owner’s existing works for carrying out fibre optic works.
2: The right under subsection (1)
3: Subsection (2) section 155ZZC(3) subsection (2) subsection (2)
4: Nothing in this section or sections 155ZW to 155ZZC
a: the arrangement is entered into before the date of commencement of this subpart; and
b: the third party is not exercising the rights under this subpart.
155ZW: Third party request to use existing works for carrying out fibre optic works
1: A third party may request an owner of existing works who is not exercising the rights under this subpart to enter into an arrangement under section 155ZV
2: A request must be made in writing.
3: The third party who makes the request must provide to the owner of the existing works any relevant information that the owner considers necessary to properly consider the request.
4: However, the third party may choose to withhold any information that the third party considers is commercially sensitive or subject to legal protection and, in that case, must substitute an explanation for the information withheld.
155ZX: Owner of existing works must consider request
1: An owner of existing works must consider a request as soon as practicable after receiving it.
2: In considering the request, the owner of the existing works must—
a: act in good faith; and
b: take into account the purposes of this subpart.
155ZY: Requirements on owner of existing works if request refused
If the owner of the existing works refuses the request, the owner must—
a: give a notice to the third party that records the refusal; and
b: give a copy of the third party’s request and the notice under paragraph (a)
155ZZ: Minister may intervene
1: The Minister may require the Commission to report to the Minister about the information received under section 155ZY
a: the requests made to existing works owners by third parties; and
b: the requests refused.
2: The Minister may, after considering the Commission’s report, decide whether to recommend that regulation be imposed and, if so, the type or types of regulation. Arrangements for third party to use existing works
155ZZA: Conditions of right under section 155ZV
1: For the purpose of ensuring that an arrangement under section 155ZV subsections (2) and (3) Condition concerning communications
2: The owner of the existing works (and not the third party)—
a: is the person responsible for all communications with the landowner concerning the existing works, in so far as the communications involve fibre optic works; and
b: is the only person who may conduct those communications, unless—
i: the landowner authorises the third party to conduct those communications, either generally or from time to time; or
ii: it is necessary for the third party to communicate with the landowner because there are circumstances of probable danger to life or property or it is immediately necessary to maintain the continuity of telecommunications services. Condition concerning compensation
3: The owner of the existing works (and not the third party, except as provided in section 155ZZC(3) section 155ZZC Rights and obligations concerning exercise of rights
155ZZB: Powers and duties of owners of existing works and landowners
1: The provisions of the Electricity Act 1992 specified in subsection (2)
a: as if every reference to existing works in those provisions included fibre optic works; and
b: with all other necessary modifications.
2: The provisions of the Electricity Act 1992 are—
a: section 22 (protection of existing works):
b: section 22A (owners of land not responsible for maintenance):
c: section 23 (rights of entry in respect of existing works):
d: section 23A (line owner must give written notice of intention to maintain or complete existing works):
e: section 23B (line owner must give notice of intention to inspect or operate existing works):
f: section 23C (notice in emergencies):
g: section 23D (land owner may set reasonable conditions on line owner’s entry):
h: section 23E (agreements preserved):
i: section 23F (disputes about land access).
155ZZC: Compensation for damage, etc
1: Every person who has a right in respect of, or interest in, any land or property that is damaged or injuriously affected by an owner of existing works or a third party exercising any of the statutory rights given by this subpart is entitled to full compensation for all loss, injury, or damage that the person suffers as a result.
2: The owner of the existing works is liable to the landowner for payment of the compensation, regardless of whether the owner of the existing works, a third party within the meaning of section 155ZS
3: However, subsection (2)
4: If the landowner and the owner of the existing works are unable to reach an agreement concerning compensation for loss, injury, or damage suffered by the landowner,—
a: a claim for compensation under this section may be made within the time and in the manner specified in the Public Works Act 1981; and
b: the provisions of that Act, as far as they are applicable and with all necessary modifications, apply in relation to claims under this section. 1992 No 122 s 57; 2001 No 103 s 154 Open access obligations
155ZZD: Services provided using rights under subpart
1: An owner of existing works who provides a telecommunications service, relying on the rights under this subpart, using repurposed fibre optic cable must,—
a: where capacity exists, offer a layer 1 service and provide that service on non-discriminatory terms; and
b: if the owner of the existing works elects to offer a layer 2 service, provide that service on an open access basis and on non-discriminatory terms.
2: An owner of existing works who provides a telecommunications service, relying on the rights under this subpart, using fibre optic cable other than repurposed fibre optic cable must—
a: offer a layer 2 service and provide that service on an open access basis and on non-discriminatory terms; and
b: if the owner of the existing works elects to provide a layer 1 service, offer that service on an open access basis and on non-discriminatory terms.
3: If an owner of existing works enters into an arrangement with a third party under section 155ZV
4: In this section, non-discrimination non-discriminatory
155ZZE: Power to grant relief in respect of breach of open access obligations
If, on the application of the Commission, it appears to the High Court that an owner of existing works or a third party intends to engage, is engaging, or has engaged in conduct that constitutes, or would constitute, a breach of section 155ZZD
155ZZF: Undertaking under Part 4AA overrides open access obligations under subpart
If a person uses the rights under this subpart as part of a build of infrastructure under the UFB initiative, the provisions of the deed of undertaking entered into by that person under Part 4AA override the open access obligations in this subpart.
155ZZG: Right of entry does not affect existing works owner’s rights and obligations under Electricity Act 1992
The right of entry under section 155ZT
155ZZH: Regulations
1: The Governor-General may, by Order in Council made on the recommendation of the Minister, make regulations that—
a: prescribe aesthetic standards concerning the way in which fibre optic technology and associated equipment must be installed when exercising the rights under this subpart; and
b: prescribe procedural standards for how communications with landowners are undertaken and how persons exercising the rights given by this subpart must act when on private property; and
c: prescribe protocols for ensuring the interoperability of equipment installed; and
d: prescribe minimum clearance distances for fibre optic works that involve existing works; and
e: impose regulation on the rights given by this subpart, in relation to existing works that the owners of those works may confer on third parties under this subpart.
2: The Minister must, before recommending the making of regulations under this section,—
a: consult the Minister who is responsible for the administration of the Electricity Act 1992, the owners of existing works (or representatives of those persons) and other persons or their representatives who the Minister considers will be substantially affected by the regulations made in accordance with the recommendation; and
b: in the case of regulations under subsection (1)﻿(e) section 155ZZ
3: Failure to comply with subsection (2) Amendments to Part 4AA (services provided using networks developed with Crown funding: undertakings regime and Commerce Act 1986 authorisations)
14: Section 156AB amended (Interpretation)
1: In section 156AB relevant service initiative ; and
2: In section 156AB relevant service
c: in subpart 7 section 156AZE
3: In section 156AB UFB initiative UFB 2 paragraph (b)﻿(i) UFB initiative
a: means the competitive tender programme, known as the Ultra-fast Broadband Initiative, to develop fibre-to-the-premises broadband networks connecting 75% of New Zealand households, with the support of $1.5 billion of Crown investment funding; and
b: includes—
i: the extension to that programme known as UFB 2, to develop fibre-to-the-premises networks connecting at least 80% of New Zealand households; and
ii: any other extension to that programme
15: Section 156AD amended (Main requirements for undertakings)
1: In section 156AD(2)﻿(b), (c)﻿(ii), and (c)﻿(iii) 1 January 2020 the specified date
2: After section 156AD(5)
6: In this section,— specified date
a: in relation to UFB 1 LFCs, 1 January 2020, unless paragraph (c)
b: in relation to UFB 2 LFCs, 1 January 2026; and
c: in relation to UFB 1 LFCs that win contracts for UFB 2,—
i: 1 January 2020 for the UFB 1 part of the relevant network; and
ii: 1 January 2026 for the UFB 2 part of the relevant network UFB 1 paragraph (a)
16: Section 156AZC amended (Restrictive trade practices authorisations in respect of participation in Ultra-fast Broadband Initiative)
After section 156AZC(2)
2A: Despite subsection (2), the authorisations—
a: apply to any contract, arrangement, or understanding that is entered into in respect of UFB 2 before the date on which this subsection comes into force, as if the authorisation were in force at the time of the entry; but
b: do not apply to any contract arrangement or understanding in respect of UFB 2 that is entered into more than 2 years after the date on which this subsection comes into force.
17: Section 156AZD amended (Business acquisition authorisations in respect of participation in Ultra-fast Broadband Initiative)
1: In section 156AZD(2) the date on which this section comes into force , except an acquisition under UFB 2
2: After section 156AZD(2)
2A: The authorisations—
a: apply to any acquisition under UFB 2 that is made before the date on which this subsection comes into force, as if the authorisation were in force at the time the acquisition was made; but
b: do not apply to any acquisition under UFB 2 that is made more than 2 years after the date on which this subsection comes into force.
3: After section 156AZD(3)
3A: However, if the authorisations are for any acquisitions under UFB 2, the authorisations must be treated as if they were authorisations granted by the Commission under section 67(3)﻿(b) of the Commerce Act 1986 on the date on which this subsection comes into force.
18: New subpart 7 of Part 4AA inserted
After section 156AZD
7: Commerce Act 1986 authorisations in respect of Rural Broadband Initiative 2 and Mobile Black Spot Fund
156AZE: Interpretation for this subpart
In this subpart, unless the context otherwise requires,— MBSF RBI2 relevant service
a: in relation to RBI2, a wholesale telecommunications service that is provided using, or that provides access to, infrastructure forming part of a broadband network where infrastructure was constructed with funding provided, in whole or in part, by the Crown as part of RBI2; and
b: in relation to MBSF, a wholesale service that is provided using, or that provides access to, a cellular mobile telephone network constructed, in whole or in part, with money provided by the Crown as part of the MBSF service provider
156AZF: Restrictive trade practices authorisations in respect of transactional arrangements for RBI2 and MBSF
1: Any contract, arrangement, or understanding between the Crown and 1 or more service providers to provide funding for those service providers, in accordance with RBI2 or the MBSF, is authorised.
2: The authorisation applies to any contract, arrangement, or understanding that is entered into before the date on which this section comes into force as if the authorisation were in force at the time that it was entered into.
3: The authorisation does not apply to a contract, arrangement, or understanding that is entered into later than 6 months after the date on which this section comes into force.
4: The authorisation must be treated as if it were an authorisation granted by the Commission under section 58(1), (2), (5), and (6) of the Commerce Act 1986.
5: Sections 65 and 91 to 97 of the Commerce Act 1986 do not apply to the authorisation.
6: The effect of the authorisation is the same as the effect stated in section 58A(1) and (2) of the Commerce Act 1986. Amendment to Electricity Act 1992
19: Amendment to Electricity Act 1992
1: This section amends the Electricity Act 1992
2: After section 23(3)
4: Further rights of entry, which concern the use of existing works to deploy and use fibre optic cable for telecommunications purposes, are provided for in the Telecommunications Act 2001 ( see sections 155ZR to 155ZZH 2017-05-03 Electricity Act 1992
2: New schedules concerning transitional and related matters and dispute resolution scheme
20: New Schedule 1AA inserted
Insert the Schedule 1AA Schedule 1
21: New Schedule 3C inserted
After Schedule 3B Schedule 3C Schedule 2