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New Zealand law explained for everyone

Telecommunications Act 2001

Networks - Maintenance of networks - Preliminary

117: Meaning of maintenance

You could also call this:

"What 'maintenance' means: fixing or keeping lines and equipment in good condition"

Illustration for Telecommunications Act 2001

When you hear the word maintenance in this part of the law, it means fixing things or doing work to keep lines or equipment in good condition. This includes repairs and other activities that help maintain lines or equipment. It also means replacing or upgrading lines or equipment, as long as it does not harm the land. You need to remember that just because an activity is called maintenance, it does not automatically mean it is allowed under a district plan or regional plan under the Resource Management Act 1991 or a development plan under the Urban Development Act 2020, if it would not have been allowed otherwise. This law is talking about what maintenance means in relation to lines and equipment, and how it fits in with other laws like the Resource Management Act 1991 and the Urban Development Act 2020.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM127419.

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Part 4Networks
Maintenance of networks: Preliminary

117Meaning of maintenance

  1. In this subpart, maintenance includes—

  2. any repairs and any other activities for the purpose of maintaining, or that have the effect of maintaining, lines or works; and
    1. the carrying out of any replacement or upgrade of lines or works as long as the land will not be injuriously affected as a result of the replacement or upgrade.

      1. Subsection (1) does not have the effect of making an activity of a kind referred to in that subsection a permitted use under a district plan or regional plan under the Resource Management Act 1991 or a development plan under the Urban Development Act 2020 if the activity would not have otherwise been a permitted use.

      Notes
      • Section 117(2): amended, on , by section 6 of the Resource Management (Natural and Built Environment and Spatial Planning Repeal and Interim Fast-track Consenting) Act 2023 (2023 No 68).
      • Section 117(2): amended, on , by section 300 of the Urban Development Act 2020 (2020 No 42).