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Telecommunications Act 2001

Networks - Maintenance of networks - Telephone cabinets, etc, on roads

147: Appeals by network operators to District Court

You could also call this:

"Network operators can appeal to the District Court if they disagree with road conditions set by someone in charge."

Illustration for Telecommunications Act 2001

If you are a network operator, you can appeal to the District Court against conditions imposed by a local authority or other person in charge of a road, as stated in section 142(2)(b). You must make this appeal within 45 working days of being notified of the conditions, or within any extra time the District Court allows. The District Court can then decide to confirm, modify, or cancel these conditions.

When you make an appeal, the District Court will make a decision. The District Court can decide to keep the conditions as they are, change them, or get rid of them altogether.

The District Court's decision on your appeal is final, meaning you cannot appeal it further.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM127456.

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146: Offence not to comply with section 142 or section 145, or

"Breaking network operator rules can lead to a fine of up to $10,000"

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147A: Local authority, etc, may require lines, etc, to be moved, or

"Councils can ask you to move your phone or internet lines on a road if needed."

Part 4Networks
Maintenance of networks: Telephone cabinets, etc, on roads

147Appeals by network operators to District Court

  1. A network operator may appeal to the District Court against all or any of the conditions imposed under section 142(2)(b) by the local authority or other person who has jurisdiction over the road.

  2. An appeal must be made not later than 45 working days after the date of notification of the conditions imposed or within any further time that the District Court may allow.

  3. In its determination of any appeal, the District Court may confirm, modify, or cancel any or all of the conditions imposed.

  4. The decision of the District Court in the determination of an appeal under this section is final.

Notes
  • Section 147(1): amended, on , by section 261 of the District Court Act 2016 (2016 No 49).
  • Section 147(3): amended, on , by section 261 of the District Court Act 2016 (2016 No 49).
  • Section 147(4): amended, on , by section 261 of the District Court Act 2016 (2016 No 49).