Telecommunications Act 2001

Networks - Maintenance of networks - Rights of entry to land in respect of lines

121: Court order

You could also call this:

"A court can let you enter someone's land to work on telecom lines if you can't get permission"

Illustration for Telecommunications Act 2001

You can get a court order to enter someone's land to work on a line for telecommunications. The District Court can make this order if certain requirements are met. You need to show the court that you have tried to negotiate with the landowner and that there is no other way to do the work.

The court will look at whether the work is necessary for telecommunications and whether you have taken all reasonable steps to get permission from the landowner. The court will also consider whether there is a practical alternative route for the line. If the court is satisfied with these things, it can make an order allowing you to enter the land and do the work you need to do, which can include constructing, erecting, laying, or maintaining a line, and this is similar to what was in the 1987 legislation. You can enter the land at reasonable times with anyone or anything you need to do the work.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM127426.


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120: Application to District Court, or

"Asking the District Court for permission to enter someone's land to build or fix a line"


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122: Contents of court order, or

"What a court decides you can and can't do on someone's land"

Part 4Networks
Maintenance of networks: Rights of entry to land in respect of lines

121Court order

  1. If the District Court is satisfied that the requirements set out in subsection (2) have been met, it may make an order authorising the network operator to—

  2. enter the land at reasonable times, with or without any person who is, or anything that is, reasonably necessary for the construction, erection, laying, or maintenance of a line:
    1. perform work that is reasonably necessary to construct, erect, lay, or maintain a line.
      1. The requirements that must be met are as follows:

      2. the construction, erection, laying, or maintenance of the line is necessary for the purposes of telecommunications:
        1. the network operator has taken all reasonable steps to negotiate an agreement for entry:
          1. in relation to the construction, erection, or laying of a line, no practical alternative route exists.
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