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Telecommunications Act 2001

Networks - Maintenance of networks - Preliminary

119: Criteria for setting reasonable conditions

You could also call this:

"Rules for setting fair conditions when working on roads"

Illustration for Telecommunications Act 2001

When you are setting conditions for work on a road, you can think about several things. You can consider how the work will affect the safe and efficient flow of traffic, whether people on foot or in vehicles. You can also think about the health and safety of people who will be directly affected by the work.

You might consider how to reduce damage to property, including the road itself, and how to minimise disruption to the local community, including businesses. You can also think about coordinating the installation of other networks and working with the local authority on road construction.

If a condition requires a network operator to increase the amenity values of an area, this can only be done in certain areas identified in a district plan. If this condition increases the cost for the network operator, the person imposing the condition must pay the extra cost. A district plan can also include a development plan under the Urban Development Act 2020.

Nothing in these rules limits the ability to impose reasonable conditions under section 135(2) or section 142(2)(b). The network operator also needs to be able to establish a telecommunications network in a timely manner.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM127423.

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Part 4Networks
Maintenance of networks: Preliminary

119Criteria for setting reasonable conditions

  1. In setting, varying, or revoking reasonable conditions under section 135(2) or section 142(2)(b), the local authority or other person who has jurisdiction over the road concerned may consider all or any of the following matters:

  2. the safe and efficient flow of traffic (whether pedestrian or vehicular):
    1. the health and safety of any person who is, or class of persons who are, likely to be directly affected by the work on the road:
      1. the need to lessen the damage that is likely to be caused to property (including structural integrity of the roads) as a result of work on the road:
        1. the compensation that may be payable under section 154 for property that is likely to be damaged as a result of work on the road:
          1. the need to lessen disruption to the local community (including businesses):
            1. the co-ordination of installation of other networks:
              1. the co-ordination with road construction work by the local authority or other person who has jurisdiction over that road:
                1. the need of a network operator to establish a telecommunications network in a timely manner.

                  1. Nothing in subsection (1) limits a local authority's or other person's ability to impose reasonable conditions under section 135(2) or section 142(2)(b).

                  2. However, a condition requiring a network operator to increase amenity values (rather than to merely maintain them) must not be imposed unless the work to be done is in an area identified in a district plan as an area in relation to which, under the district plan, there are particular considerations, or rules or requirements, relating to amenity values.

                  3. If the cost to the network operator of complying with a condition referred to in subsection (3) is higher than it would have been if there were not a requirement to increase amenity values, then the person imposing the condition must pay that increase in cost.

                  4. In subsection (3), a reference to a district plan includes a reference to a development plan under the Urban Development Act 2020.

                  Notes
                  • Section 119(3): added, on , by section 5 of the Infrastructure (Amendments Relating to Utilities Access) Act 2010 (2010 No 99).
                  • Section 119(3): 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 119(4): added, on , by section 5 of the Infrastructure (Amendments Relating to Utilities Access) Act 2010 (2010 No 99).
                  • Section 119(5): inserted, on , by section 300 of the Urban Development Act 2020 (2020 No 42).
                  • Section 119(5): 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).