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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

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

You could also call this:

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

Illustration for Telecommunications Act 2001

If you disagree with someone's objection to a category 2 installation, you can take the issue to a dispute resolution scheme. You are considered a person who can do this if you are the FTTP service provider, network operator, or the person who ordered the FTTP service. When you refer the dispute to the scheme, the FTTP service provider or network operator cannot enter the property to do the installation unless the dispute is resolved or a court orders it.

The dispute resolution scheme will look at the issue and try to find a resolution that everyone agrees to. If the scheme cannot resolve the dispute, you may need to go to the District Court to get an order that allows the installation to happen. This means that the court will make a decision about whether the installation can go ahead.

You can find more information about how to object to a category 2 installation under section 155N, which explains the process for making an objection.

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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=DLM7314738.

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

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155P: Deemed consent to category 2 installation, or

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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

155OEffect of objection to exercise of statutory right of access for category 2 installation

  1. If the FTTP service provider, network operator, or person who placed the order with a retail provider for the FTTP service to be installed (in each case, person A) disputes the validity of an affected person’s objection under section 155N, person A may refer the dispute to the dispute resolution scheme.

  2. If person A refers the dispute to the dispute resolution scheme, the FTTP service provider or network operator has no statutory right of access to enter the property and carry out the installation unless there is a binding resolution of the dispute under the rules of the scheme or an order of the District Court allows it to exercise that right.

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