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Telecommunications Act 2001

Networks - Maintenance of networks - Interference with lines

129: Application to District Court

You could also call this:

"What happens if you don't fix a tree problem and the network operator goes to the District Court"

Illustration for Telecommunications Act 2001

If you fail to comply with a request made under section 128, the network operator who uses the line can apply to the District Court for an order. This order would let the network operator remove or trim the tree, shrub, or plant that is causing the problem. The network operator must give you at least 10 working days' notice before applying to the District Court.

The network operator will tell you that they plan to apply to the District Court because you did not comply with their request. You will have some time to think about what you want to do before the network operator applies to the Court. The Court will then decide what to do about the tree, shrub, or plant.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM127436.

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128: Request for removal or trimming of trees, or

"What to do if a tree is in the way of a phone or internet line"

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130: Court order, or

"Court can order you to trim or remove plants blocking phone or internet lines"

Part 4Networks
Maintenance of networks: Interference with lines

129Application to District Court

  1. If an owner, occupier, a local authority, or other person fails to comply with a request made under section 128, the network operator who uses the line may apply to the District Court for an order authorising the network operator to remove or trim the tree, shrub, or plant in respect of which the request was made.

  2. The network operator must give the owner, occupier, local authority, or other person who fails to comply with the request at least 10 working days' notice of the operator's intention to apply to the District Court under subsection (1).

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