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Telecommunications Act 2001

Networks - Access to property, involving rights of multiple parties, to deploy fibre optic media and other technology - Statutory rights of access to body corporate administered properties

155T: Grounds and time for body corporate objecting to statutory right of access to carry out category 1 or category 2 installation

You could also call this:

"When a company can say no to someone installing equipment on their property"

Illustration for Telecommunications Act 2001

If you are part of a body corporate, you can object to someone installing category 1 or category 2 equipment under section 155R. You must do this within the same time and for the same reasons as stated in section 155N. You can also object for additional reasons, such as the installation causing unacceptable disruption to telecommunications services during business hours. You can object if you think the installation will breach laws like the Building Code, the Heritage New Zealand Pouhere Taonga Act 2014, or the Health and Safety at Work Act 2015. You can object if the installation will stop you from meeting your existing contracts and you can provide proof of this, or for any other prescribed grounds.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM7314745.

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Part 4Networks
Access to property, involving rights of multiple parties, to deploy fibre optic media and other technology: Statutory rights of access to body corporate administered properties

155TGrounds and time for body corporate objecting to statutory right of access to carry out category 1 or category 2 installation

  1. The body corporate may object to a category 1 or category 2 installation under section 155R within the same time and on the same grounds as stated in section 155N as well as on 1 or more of the following additional grounds:

  2. the body corporate considers that the installation will result in unacceptable disruption to the availability of telecommunications services to unit owners during business hours:
    1. the body corporate considers that there is a real likelihood the installation as designed would breach 1 or more enactments applying to the body corporate and the property (for example, the Building Code, the Heritage New Zealand Pouhere Taonga Act 2014, or the Health and Safety at Work Act 2015):
      1. the body corporate considers that the proposed installation will prevent it from meeting its existing contractual obligations and the body corporate can provide documentation confirming this:
        1. any prescribed grounds.

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