Telecommunications Act 2001

Networks - Maintenance of networks - Miscellaneous

153: Charging for access to road reserve

You could also call this:

"Using roads to lay internet and phone lines without paying rent"

Illustration for Telecommunications Act 2001

If you are a network operator, you do not have to pay rent to use the road reserve. You can construct lines, wireless works, or other works in, on, along, over, across, or under the road without paying rent. The road is managed by a local authority or other person who has jurisdiction over it.

If a local authority charges rates under the Local Government (Rating) Act 2002, this rule does not apply. You may still have to pay these rates. This is a separate charge from rent.

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This page was last updated on 28 May 2025

View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM127463.

Topics:

Environment and resources > Town planningBusiness > Industry rulesGovernment and voting > Local councils

152: Offence to contravene any of sections 149 to 151, or

"Breaking certain network operator rules is an offence and can result in a fine."

154: Compensation, or

"Getting paid if a network operator damages your property"

Part 4Networks
Maintenance of networks: Miscellaneous

153Charging for access to road reserve

Despite anything in this Act or in any other enactment, no local authority or other person who has jurisdiction over any road may require the payment, by or on behalf of a network operator, of any amount of or in the nature of rent in respect of any line, wireless works, or other works constructed in, on, along, over, across, or under that road.
Nothing in subsection (1) applies in respect of any rate or charge levied under the Local Government (Rating) Act 2002.

Notes

Section 153(1): amended, on 1 July 2011, by section 26(3) of the Telecommunications (TSO, Broadband, and Other Matters) Amendment Act 2011 (2011 No 27).
Section 153(2): amended, on 13 November 2018, by section 41(2) of the Telecommunications (New Regulatory Framework) Amendment Act 2018 (2018 No 48).