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Telecommunications Act 2001

Networks - Access to property, involving rights of multiple parties, to deploy fibre optic media and other technology - Ongoing rights of access to installed fibre infrastructure

155ZD: Ongoing rights of access

You could also call this:

"Accessing properties to maintain and fix fibre networks"

Illustration for Telecommunications Act 2001

You have rights to access property to look after fibre-to-the-premises networks. This means you can go back to a property to check, fix, or improve the fibre network. You can do this for as long as you need to. You can also go back to a property to extend the fibre network or fix an area that was only temporarily fixed. This can happen for a certain period, which starts after the Regulatory Systems (Economic Development) Amendment Act 2025 is agreed to, and ends three years later. You can use these rights if you got permission from the people who own the property, or if you followed the rules when you first installed the fibre network. You must also follow the conditions in section 155ZE. These rights do not apply if you already have permission to access the property through an easement, or if the fibre network was installed without the necessary permissions. You can use these rights for other types of technology, not just fibre-to-the-premises networks. When you are looking after the fibre network, you can do things like repair or replace parts of it, as long as you do not hurt the property. This includes fixing problems or making the network better, and replacing old parts with new ones.

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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=DLM7314759.

Topics:
Housing and property > Land useBusiness > Industry rules
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155ZC: Non-prescribed installations, or

"Installing telecoms equipment on private property without special permission"

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155ZE: Conditions of ongoing rights, or

"Rules for entering properties to work on fibre infrastructure"

Part 4Networks
Access to property, involving rights of multiple parties, to deploy fibre optic media and other technology: Ongoing rights of access to installed fibre infrastructure

155ZDOngoing rights of access

  1. The rights of access given by this section are for an FTTP service provider or a network operator to,—

  2. for an indefinite period, re-enter property to perform any act or operation necessary for the purpose of inspecting, maintaining, repairing, or upgrading all or any part of a fibre-to-the-premises access network that the service provider or network operator owns and that was installed (whether by the service provider or network operator who owns the fibre-to-the-premises network at the time of the re-entry or a previous owner) at any time after 1 July 2012; and
    1. for the period described in subsection (1A), re-enter property to—
      1. extend an installation that forms part of a fibre-to-the-premises access network described in paragraph (a) if the extension does not involve a change to the design plan originally provided under this subpart to affected persons and the person who placed the order for the FTTP service to be installed; or
        1. permanently reinstate an area where, at the time of installing, maintaining, repairing, or upgrading part of the fibre-to-the-premises access network, the service provider or network operator reinstated the property on an interim basis only, until a permanent reinstatement could be undertaken.

        2. For the purposes of subsection (1)(b), the period—

        3. starts on the day after Royal assent of the Regulatory Systems (Economic Development) Amendment Act 2025; and
          1. ends on the day that is the third anniversary of Royal assent of that Act.

            1. The rights of access apply if—

            2. the FTTP service provider or network operator who entered the property and carried out the original installation did so after obtaining the consent of more than 1 person, or entered the property under this subpart; and
              1. the FTTP service provider or network operator complies with the conditions in section 155ZE; and
                1. neither of the circumstances in subsection (3) applies.

                  1. The rights of access given by this section do not apply if—

                  2. the FTTP service provider or network operator has rights of access equivalent to the rights in subsection (1) under 1 or more easements in respect of the part of the fibre-to-the-premises access network that the service provider wants to access; or
                    1. the part of the fibre-to-the-premises access network that the FTTP service provider or network operator wants to access was installed in breach of legal rights or obligations in that the service provider or network operator that carried out the original installation—
                      1. failed to obtain all necessary consents for the installation; or
                        1. acted outside the terms of 1 or more consents given by persons in respect of the installation.

                        2. To avoid doubt, this section applies, with all necessary modifications, to a network operator and prescribed other technology that is installed in reliance on the rights of access given by this subpart.

                        3. In this section, maintaining, repairing, or upgrading includes—

                        4. any repairs and any other activities for the purpose of maintaining, or that have the effect of maintaining, part of the fibre-to-the-premises access network; and
                          1. the carrying out of any replacement or upgrade of existing works, as long as the land will not be injuriously affected as a result of the replacement or upgrade.

                            Compare
                            Notes
                            • Section 155ZD: inserted, on , by section 13 of the Telecommunications (Property Access and Other Matters) Amendment Act 2017 (2017 No 16).
                            • Section 155ZD(1)(a): amended, on , by section 178(1) of the Regulatory Systems (Economic Development) Amendment Act 2025 (2025 No 11).
                            • Section 155ZD(1)(b): amended, on , by section 178(2) of the Regulatory Systems (Economic Development) Amendment Act 2025 (2025 No 11).
                            • Section 155ZD(1A): inserted, on , by section 178(3) of the Regulatory Systems (Economic Development) Amendment Act 2025 (2025 No 11).