Telecommunications Act 2001

Networks - Right of access to use existing electricity works for telecommunications and deploying fibre optic cable - Arrangements for third party to use existing works

155ZZA: Conditions of right under section 155ZV

You could also call this:

"Rules for using someone's property for telecommunications"

Illustration for Telecommunications Act 2001

When you have an arrangement under section 155ZV to use existing works on someone's property, there are conditions to follow. These conditions help make sure the arrangement does not make things worse for the landowner. The conditions are that the owner of the existing works is responsible for talking to the landowner about the works, and they must pay compensation for any damage or loss caused.

The owner of the existing works is the one who must communicate with the landowner, unless the landowner says it is okay for the third party to do so, or if there is a danger to life or property. The owner of the existing works must also pay the landowner for any damage, loss, or injury, as set out in section 155ZZC.

You need to know that the third party is not usually allowed to talk to the landowner about the existing works, except in certain situations, such as when the landowner gives permission or when it is necessary to maintain telecommunications services.

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 It might be out of date or be missing some parts.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 28 May 2025

View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM7242768.

Topics:

Housing and property > Land useBusiness > Industry rules

155ZZ: Minister may intervene, or

"The Minister can check and decide on new rules for using existing works."

155ZZB: Powers and duties of owners of existing works and landowners, or

"Rules for people who own land or things like fibre optic cables that already exist"

Part 4Networks
Right of access to use existing electricity works for telecommunications and deploying fibre optic cable: Arrangements for third party to use existing works

155ZZAConditions of right under section 155ZV

For the purpose of ensuring that an arrangement under section 155ZV does not increase the negative impacts for the landowner of having existing works on his or her property, every arrangement entered into under that section is subject to the conditions in subsections (2) and (3).
The owner of the existing works (and not the third party)—
is the person responsible for all communications with the landowner concerning the existing works, in so far as the communications involve fibre optic works; and
is the only person who may conduct those communications, unless—
1. the landowner authorises the third party to conduct those communications, either generally or from time to time; or
2. it is necessary for the third party to communicate with the landowner because there are circumstances of probable danger to life or property or it is immediately necessary to maintain the continuity of telecommunications services.

The owner of the existing works (and not the third party, except as provided in section 155ZZC(3)) must pay compensation to the landowner for damage, loss, or injury as provided in section 155ZZC.

Notes

Section 155ZZA: inserted, on 3 May 2017, by section 13 of the Telecommunications (Property Access and Other Matters) Amendment Act 2017 (2017 No 16).