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Telecommunications Act 2001

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

126: Conditions of entry to land

You could also call this:

"Rules for entering private land to work on telecommunications"

Illustration for Telecommunications Act 2001

When you want to enter someone's land to work on telecommunications, you must follow some rules. You can only enter the land if you are an officer, employee, or agent of the network operator and you have been authorised in writing. You must also give the owner and occupier of the land reasonable notice before you enter.

You must enter the land at reasonable times and show proof of who you are and why you are there when you first enter and anytime you are asked after that. This is because the power to enter land is given by section 125, which has some conditions.

But there are some exceptions to these rules, like if someone's life or property is in danger, or if you need to fix something to keep the telecommunications working safely and without interruption. If this happens, you must tell the owner and occupier of the land as soon as possible what you did on their land.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM127432.

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125: Rights of entry to land, or

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

126Conditions of entry to land

  1. The power to enter land conferred by section 125 is subject to the following conditions:

  2. entry to the land must only be made by an officer, employee, or agent of the network operator authorised by it in writing:
    1. reasonable notice of the intention to enter must be given to the owner and to the occupier of the land:
      1. entry must be made at reasonable times:
        1. the person entering must produce evidence of his or her authority and identity—
          1. on initial entry; and
            1. after the initial entry, on request.

            2. The conditions in subsection (1) do not apply if entry on the land is—

            3. necessary in circumstances of probable danger to life or property; or
              1. immediately necessary to maintain the continuity or safety of the supply of telecommunications.

                1. If subsection (2) applies, the network operator must, as soon as practicable after entry on the land, give notice to the owner and to the occupier of the land of the fact of the entry on the land and of what was done.

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