Plain language law

New Zealand law explained for everyone

Telecommunications Act 2001

Networks - Access to property, involving rights of multiple parties, to deploy fibre optic media and other technology - Nature and application of statutory rights of access under subpart

155I: Nature of statutory rights of access

You could also call this:

"Rules for workers to install fibre optic cables on your property"

Illustration for Telecommunications Act 2001

When someone is installing fibre optic media to your property, they have certain rights to enter and work on your land. They can enter your property at reasonable times with anyone or anything they need to do the job. They can also do the work they need to do to install the fibre optic media.

These rights only apply if certain conditions are met, which are stated in section 155J. The person installing the fibre optic media must also follow specific rules, which depend on the type of installation they are doing. You can find these rules in section 155K for category 1 installations, section 155L for category 2 installations, and section 155R for installations in body corporate administered properties.

If the installation uses both category 1 and category 2 methods, it must be treated as a category 2 installation. This means the person installing the fibre optic media must follow the rules in section 155J and section 155L. They also have the right to design installations in body corporate administered properties, which is explained in section 155Q.

This text is automatically generated. It might be out of date or be missing some parts. Find out more about how we do this.

This page was last updated on

View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM3874950.

Topics:
Housing and property > Land useWork and jobs > Worker rights
Previous

155H: How long statutory rights of access apply for, or

"How long you can use special access rights to some technology and fibre optic media"

Next

155J: General preconditions for statutory rights of access to apply, or

"Rules to get fair access to telecom services"

Part 4Networks
Access to property, involving rights of multiple parties, to deploy fibre optic media and other technology: Nature and application of statutory rights of access under subpart

155INature of statutory rights of access

  1. The statutory rights of access given by this subpart are that an FTTP service provider or a network operator may, for the purpose of carrying out a category 1 or category 2 installation of fibre optic media as part of a fibre-to-the-premises access network,—

  2. enter property at reasonable times, and may enter the property with a person who is, or thing that is, reasonably necessary for the purposes of carrying out the installation; and
    1. perform work that is reasonably necessary for the purposes of that installation.

      1. The statutory rights of access referred to in subsection (1) apply only if—

      2. the general preconditions stated in section 155J are satisfied (regardless of whether the installation is a category 1 or a category 2 installation); and
        1. the FTTP service provider or network operator has complied with the particular preconditions,—
          1. for a category 1 installation, stated in section 155K:
            1. for a category 2 installation, stated in section 155L:
              1. for an installation in a body corporate administered property (regardless of whether the installation is a category 1 or a category 2 installation), stated in section 155R.

              2. If an installation is in a property other than a body corporate administered property and involves both category 1 and category 2 methods of installation, the whole installation must be treated as a category 2 installation and (in addition to complying with the general preconditions stated in section 155J) must comply with the particular preconditions stated in section 155L.

              3. If an installation involves more than 1 method of installation and all methods are prescribed as category 1 methods, the FTTP service provider or network operator must treat the whole installation as a category 1 installation.

              4. If an installation involves more than 1 method of installation and all methods are prescribed as category 2 methods, the FTTP service provider or network operator must treat the whole installation as a category 2 installation.

              5. A further statutory right of access is given to FTTP service providers and network operators for designing installations in body corporate administered properties (see section 155Q).

              Notes
              • Section 155I: replaced, on , by section 13 of the Telecommunications (Property Access and Other Matters) Amendment Act 2017 (2017 No 16).