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Telecommunications Act 2001

Networks - Access to property, involving rights of multiple parties, to deploy fibre optic media and other technology - Dispute resolution process

155ZH: FTTP service providers and network operators exercising statutory access rights must be members of dispute resolution scheme

You could also call this:

"Fibre providers must join a dispute resolution scheme to install fibre optic media."

Illustration for Telecommunications Act 2001

If you are a fibre-to-the-premises service provider or network operator, you must be a member of a dispute resolution scheme. You need to be a member to install fibre optic media until the day that is the fourth anniversary of Royal assent of the Regulatory Systems (Economic Development) Amendment Act 2025. You also need to be a member to install other prescribed technology for 10 years after it is prescribed. If you only use your statutory rights to inspect or maintain your network, you do not need to be a member of the dispute resolution scheme. The Minister can exempt you from being a member if you have stopped installing and all your disputes have been dealt with. The Minister can also amend or revoke your exemption if necessary. The Ministry must keep a list of all exemptions on their website. You can check this list to see who is exempt from being a member of the dispute resolution scheme. The Minister can only grant exemptions if it is necessary to meet the purpose of the dispute resolution scheme, which is outlined in clause 1 of Schedule 3C.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM7314767.

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155ZG: Dispute resolution scheme, or

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Part 4Networks
Access to property, involving rights of multiple parties, to deploy fibre optic media and other technology: Dispute resolution process

155ZHFTTP service providers and network operators exercising statutory access rights must be members of dispute resolution scheme

  1. Every FTTP service provider and network operator that relies on a statutory right of access under this subpart (other than an FTTP service provider or network operator and that is referred to in subsection (2)),—

  2. in order to install fibre optic media, must be a member of the dispute resolution scheme and must remain a member of the scheme until the day that is the fourth anniversary of Royal assent of the Regulatory Systems (Economic Development) Amendment Act 2025:
    1. in order to install a prescribed other technology, must be a member of the dispute resolution scheme for the period that—
      1. starts on the day after the date on which the order prescribing that technology as other technology for the purposes of this subpart comes into force; and
        1. ends on the date that is 10 years later.

        2. Subsection (1) does not apply to an FTTP service provider or network operator that relies only on the statutory rights of access given to them by this subpart for the purpose of performing acts or operations necessary for the purpose of inspecting, maintaining, repairing, or upgrading a fibre-to-the-premises access network.

        3. Despite subsection (1), an FTTP service provider or a network operator does not need to be a member of the dispute resolution scheme if the Minister exempts that person by issuing an individual exemption notice in the Gazette that—

        4. identifies the person that is exempt from the obligation to be a member; and
          1. gives reasons for the exemption.

            1. The Minister may grant an individual exemption to a person only if he or she is satisfied that membership of the dispute resolution scheme by the person is not necessary in order to meet the purpose of the dispute resolution scheme (as set out in clause 1 of Schedule 3C) because—

            2. that person has permanently stopped carrying out installations; and
              1. all disputes involving that person that have been referred to the scheme (if any) have been dealt with; and
                1. it is unlikely that other disputes involving that person are yet to be referred to the scheme.

                  1. The Minister may amend or revoke an individual exemption by issuing a notice in the Gazette that identifies the exempt participant and gives reasons for the amendment or revocation, but only if the Minister—

                  2. first notifies the exempt person (where possible) of the proposed amendment or revocation and gives the person a reasonable opportunity to comment on the proposal; and
                    1. is satisfied that the amendment or revocation is necessary or desirable in order to meet the purpose of the dispute resolution scheme.

                      1. The Ministry must ensure that an up-to-date list of all exemptions is available at all reasonable times on an Internet site maintained by or on behalf of the Ministry.

                      2. Repealed
                      Compare
                      Notes
                      • Section 155ZH: inserted, on , by section 13 of the Telecommunications (Property Access and Other Matters) Amendment Act 2017 (2017 No 16).
                      • Section 155ZH(1)(a): amended, on , by section 179 of the Regulatory Systems (Economic Development) Amendment Act 2025 (2025 No 11).
                      • Section 155ZH(7): repealed, on , by section 3 of the Secondary Legislation Act 2021 (2021 No 7).