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Telecommunications Act 2001

Networks - Access to property, involving rights of multiple parties, to deploy fibre optic media and other technology - Objections to exercise of statutory right of access to carry out category 2 installations

155N: Grounds and time for objecting to exercise of statutory right of access to carry out category 2 installation

You could also call this:

"Objecting to telecoms work on your property: when and why you can say no"

Illustration for Telecommunications Act 2001

You can object to a telecommunications company exercising a statutory right of access to your property. You can do this if you think the installation will affect your property in certain ways. You must give a notice of objection to the company within 15 working days after receiving the preliminary notice and high-level design plan for the installation under section 155L(1)(a). You can object on grounds such as disputing ownership of the property, or if the installation will negatively impact your property's value. You can also object if the installation will unreasonably impact your enjoyment of the property or impede your plans for development. If you have an easement over the property, you can object if the installation will affect the terms and conditions of that easement. Nothing in this law affects your right to cancel an order for a telecommunications service to be installed.

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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=DLM7314737.

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155M: Requirements in respect of preliminary notice and design plan for category 2 installations, or

"Companies must notify and show you their plans before installing certain equipment on your property"

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155O: Effect of objection to exercise of statutory right of access for category 2 installation, or

"What happens if someone objects to a category 2 installation and you disagree"

Part 4Networks
Access to property, involving rights of multiple parties, to deploy fibre optic media and other technology: Objections to exercise of statutory right of access to carry out category 2 installations

155NGrounds and time for objecting to exercise of statutory right of access to carry out category 2 installation

  1. An affected person may object to the FTTP service provider or network operator exercising a statutory right of access to enter property and carry out a category 2 installation, on 1 or more of the following grounds:

  2. the person disputes ownership of property that the proposed installation will make use of or disturb:
    1. the person can demonstrate that the installation will have a materially negative impact on the value of the person’s property:
      1. the person can identify ways in which the proposed installation will unreasonably impact on the person’s enjoyment of the property, or worsen an existing problem with the property, other than by having a visual impact alone:
        1. the person can demonstrate that the proposed installation will impede the person’s plans for development of the property:
          1. the person has an easement over the property affected and can demonstrate that the proposed installation will have an enduring impact on the terms and conditions of that easement:
            1. the prescribed grounds (if any).

              1. An affected person who wants to object to a network operator exercising a statutory right of access under this section must do so by giving a notice of objection to the FTTP service provider or network operator within 15 working days after receiving the preliminary notice and high-level design plan for the installation under section 155L(1)(a).

              2. Nothing in this section, or any other provision of this subpart, affects the right of a person to cancel an order that the person has placed for an FTTP service to be installed.

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