147BCost of work required under section 147A

1. The reasonable cost of all work required to be done under section 147A must be paid by the person that requires the work to be done.

2. However, the cost of the work must be paid by the network operator if the reason that the work is required is that the lines, cabinets, wireless works, or other appliances—

3. were constructed contrary to any of the following:
   1. this Act or any regulations made under section 157:
   2. the Telecommunications (Residual Provisions) Act 1987:
   3. the Local Government Act 1974 or the Local Government Act 2002, and any predecessor of those Acts:
   4. the Public Works Act 1981:
   5. any local or private Act:
   6. any regulations made under any of the enactments referred to in subparagraphs (ii) to (v); or
4. are in a dangerous or unsafe condition.

5. A person that requires work to be done under section 147A may not claim for betterment in respect of that work, and no claim for betterment may be made against the person.

6. The following provisions apply if the person requiring the work is the New Zealand Transport Agency or the agent of the Minister of Transport:

7. the cost of all lines, cabinets, wireless works, other appliances, and associated equipment that are used in carrying out the required work (other than things used only during the course of construction) must be paid by the network operator:
8. if, as a consequence of the requirement, the network operator elects to fix or install any lines, cabinets, wireless works, or other appliances over, under, or through any roading structure (being a bridge, underpass, overpass, culvert, or tunnel) that is being, or is to be, constructed or altered, and if the cost of constructing or altering the roading structure is thereby increased, then the network operator must pay the increase in cost:
9. if, as a consequence of the requirement, the network operator relocates the lines, cabinets, wireless works, or other similar appliances and reconstructs them to specifications different from those of the original lines, cabinets, wireless works, or other appliances, then, if the costs described in paragraph (d)(i) are less than the costs described in paragraph (d)(ii), the network operator is liable to pay the difference:
10. the costs referred to in paragraph (c) are—
    1. what it would have cost to relocate and reconstruct the lines, cabinets, wireless works, or other similar appliances as near as reasonably practicable to their original specifications (excluding any costs to which paragraph (a) applies), taking into account—
       1. any restrictions or conditions imposed by or under any enactment in relation to the relocation and reconstruction; and
       2. the location of the original works and the alternatives reasonably available to the network operator:
    2. the actual cost of the relocation and reconstruction (excluding any costs to which paragraph (a) applies).

11. Subsections (1) to (4) apply subject to any agreement between the person requiring the work and the network operator.

12. The amount of payment required under this section must be determined—

13. by agreement between the person liable for the payment and the person to whom it is payable; or
14. failing such agreement, by arbitration under the Arbitration Act 1996, with 1 arbitrator to be appointed by each party and an umpire to be appointed by those arbitrators before entering upon their reference.