Plain language law

New Zealand law explained for everyone

Telecommunications Act 2001

Structural separation of Telecom - Miscellaneous - Restrictive covenants

69XK: Certain restrictive covenants

You could also call this:

"Rules that still apply to land even after it's been sold"

Illustration for Telecommunications Act 2001

This section is about certain rules that apply to some land. You need to know that these rules are called restrictive covenants and they are registered in favour of land that Telecom used to own. If Telecom owned land before a certain day, and that land was transferred to Chorus on that day, then Spark can still enforce the rules that apply to that land. Spark can do this as if they still owned the land, even though they do not.

When land is transferred from one owner to another, the new owner usually gets to enforce the rules that apply to that land. But in this case, Spark is also allowed to enforce the rules, even though the land was transferred to Chorus. The people who now own the land, which is Chorus, and anyone who owns the land in the future, can also enforce the rules.

The Registrar-General can add a note to the records for the land to say what this section means. This note is like a special message that explains how the rules work for that land. You can find more information about how this law was made by looking at the Telecommunications (TSO, Broadband, and Other Matters) Amendment Act 2011 and the Telecommunications (New Regulatory Framework) Amendment Act 2018.

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 It might be out of date or be missing some parts.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=DLM4187690.

Topics:
Housing and property > Land useHousing and property > Buying and selling homesBusiness > Industry rules
Previous

69XJ: Designations under Resource Management Act 1991, or

"The Minister makes lists of Telecom's responsibilities under the Resource Management Act 1991"

Next

69XL: Protection of existing members of Government Superannuation Fund, or

"Protection for Telecom workers in the Government Superannuation Fund"

Part 2AStructural separation of Telecom
Miscellaneous: Restrictive covenants

69XKCertain restrictive covenants

  1. This section applies to any restrictive covenant that is registered in favour of land—

  2. of which Telecom was a registered proprietor immediately before separation day; and
    1. that is transferred from Telecom to Chorus on separation day.

      1. Despite the transfer of land to Chorus, Spark is entitled to enforce the covenant against the persons bound by the covenant as if Spark were an owner or occupier of the land.

      2. This section does not limit the rights to enforce the covenant of Chorus, Chorus’s successors in title, and persons claiming through Chorus or Chorus’s successors in title.

      3. The Registrar-General may enter in the register relating to the burdened land, the benefited land, or both, a notification of the effect of this section as if it were an instrument.

      Notes
      • Section 69XK: inserted, on (being the date of separation day, and an Order in Council (SR 2011/302) having been made under section 36), by section 51 of the Telecommunications (TSO, Broadband, and Other Matters) Amendment Act 2011 (2011 No 27).
      • Section 69XK(2): amended, on , by section 37(1) of the Telecommunications (New Regulatory Framework) Amendment Act 2018 (2018 No 48).