Plain language law

New Zealand law explained for everyone

Telecommunications Act 2001

Networks - Access to property, involving rights of multiple parties, to deploy fibre optic media and other technology - Protection of interests in installations

155ZF: Protection of interests in installations

You could also call this:

"Rules to protect phone and internet installations on someone else's land"

Illustration for Telecommunications Act 2001

You have a fibre-to-the-premises access network installation on land you do not own. If the installation was done after 1 July 2012 and the required consents were obtained, it is deemed lawfully installed. The installation remains lawful until the service provider decides otherwise. You do not have an interest in the installation just because you have an interest in the land. The service provider or network operator has the rights to the installation. They can decide what to do with it. The installation is protected if certain conditions are met, including that the circumstances described in section 155ZD(3) did not apply. This means the service provider or network operator can keep the installation on the land. They have the right to do this as long as they follow the rules.

This text is automatically generated. It might be out of date or be missing some parts. Find out more about how we do this.

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=DLM7314763.

Topics:
Housing and property > Land useBusiness > Industry rules
Previous

155ZE: Conditions of ongoing rights, or

"Rules for entering properties to work on fibre infrastructure"

Next

155ZG: Dispute resolution scheme, or

"A way to solve arguments about telecommunications"

Part 4Networks
Access to property, involving rights of multiple parties, to deploy fibre optic media and other technology: Protection of interests in installations

155ZFProtection of interests in installations

  1. This section applies to a category 1 or category 2 installation that forms part of a fibre-to-the-premises access network, including any work in relation to or in connection with the installation, if—

  2. it is fixed to, or installed under or over, land that is not owned by the FTTP service provider or network operator; and
    1. the service provider or network operator carried out the installation after 1 July 2012; and
      1. the FTTP service provider or network operator entered the property and carried out the installation after obtaining the required consents or entered the property under this subpart; and
        1. neither of the circumstances described in section 155ZD(3) applied in relation to the installation so as to disentitle the FTTP service provider or network operator from exercising the statutory rights of access.

          1. If this section applies,—

          2. the installation and work are deemed to be lawfully fixed or installed and continue to be lawfully fixed or installed until the FTTP service provider or network operator decides otherwise; and
            1. no person other than the FTTP service provider or network operator has an interest in the installation or work by reason only of having an interest in the land.

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