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Telecommunications Act 2001

Networks - Right of access to use existing electricity works for telecommunications and deploying fibre optic cable - Rights and obligations concerning exercise of rights

155ZZC: Compensation for damage, etc

You could also call this:

"Getting paid back for damage to your property"

Illustration for Telecommunications Act 2001

You have a right to compensation if your land or property is damaged because of someone exercising their rights under this law. You are entitled to full compensation for any loss or damage you suffer as a result. The owner of the existing works must pay you this compensation. If the owner of the existing works thinks someone else was responsible for the damage, they can try to get that person to help pay the compensation. You can make a claim for compensation under the Public Works Act 1981 if you and the owner of the existing works cannot agree on the amount. The rules from the Public Works Act 1981 apply to these claims. The owner of the existing works is responsible for paying you compensation, even if someone else was also involved in causing the damage. You can get compensation for any loss or damage you suffer because of someone exercising their rights under this law. The section 155ZS explains what a third party is.

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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=DLM7242771.

Topics:
Housing and property > Home safety and repairsHousing and property > Land useMoney and consumer rights > Consumer protection
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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"

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155ZZD: Services provided using rights under subpart, or

"Rules for providing fair telecom services using existing infrastructure"

Part 4Networks
Right of access to use existing electricity works for telecommunications and deploying fibre optic cable: Rights and obligations concerning exercise of rights

155ZZCCompensation for damage, etc

  1. Every person who has a right in respect of, or interest in, any land or property that is damaged or injuriously affected by an owner of existing works or a third party exercising any of the statutory rights given by this subpart is entitled to full compensation for all loss, injury, or damage that the person suffers as a result.

  2. The owner of the existing works is liable to the landowner for payment of the compensation, regardless of whether the owner of the existing works, a third party within the meaning of section 155ZS, or both those persons were responsible for the loss, injury, or damage.

  3. However, subsection (2) does not prevent an owner of existing works from claiming an indemnity or a contribution from the third party where the owner of the existing works alleges that the third party was wholly or partly responsible.

  4. If the landowner and the owner of the existing works are unable to reach an agreement concerning compensation for loss, injury, or damage suffered by the landowner,—

  5. a claim for compensation under this section may be made within the time and in the manner specified in the Public Works Act 1981; and
    1. the provisions of that Act, as far as they are applicable and with all necessary modifications, apply in relation to claims under this section.

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