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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

155ZI: Disputes may be referred to dispute resolution scheme

You could also call this:

"Solving disagreements about fibre services: a way to sort out problems"

Illustration for Telecommunications Act 2001

If you have a dispute about your rights and obligations under this law, you can refer it to a dispute resolution scheme. You can do this if you are having a dispute with someone about installing fibre services, such as a fibre service provider or a network operator. This includes disputes with people who have ordered fibre services, the body corporate of a building, or people who are affected by the installation.

You can also refer a dispute to the scheme if you are having a disagreement with someone who has ordered fibre services, or if you are a fibre service provider or network operator and someone is affected by you re-entering their property under section 155ZD(1)(b). However, if you are a unit owner or occupier in a building with a body corporate, this does not apply to you if you have ordered fibre services.

Disputes that can be referred to the scheme include disagreements about whether someone has the right to enter your property to install fibre services, whether someone has a valid reason to object to the installation, or whether the fibre service provider or network operator has followed the rules when installing the services.

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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=DLM7314768.

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

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

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155ZJ: Determinations binding on members and certain other parties, or

"You must follow the decision made about a dispute, unless a court changes it."

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

155ZIDisputes may be referred to dispute resolution scheme

  1. A dispute between the following persons about their rights and obligations under this subpart in relation to an installation may be referred to the dispute resolution scheme by any of the parties to the dispute:

  2. a dispute between an FTTP service provider or a network operator and—
    1. a person who places an order with a retail provider for an FTTP service to be installed:
      1. the body corporate of a body corporate administered property:
        1. an affected person; and
        2. a dispute between a person who places an order with a retail provider for an FTTP service to be installed and an affected person; and
          1. a dispute between an FTTP service provider or a network operator and a person affected by a re-entry under section 155ZD(1)(b).

            1. Subsection (1)(b) does not apply if the person who places the order with the retail provider is a unit owner or person occupying a unit in a body corporate administered property.

            2. Disputes that may be referred to the dispute resolution scheme include disputes about—

            3. whether a statutory right of access under this subpart applies for an FTTP service provider or a network operator to enter a property and carry out a proposed installation:
              1. the validity of a person’s grounds for objecting to an FTTP service provider or a network operator exercising a statutory right of access under this subpart to carry out a category 2 installation (or, in the case of a body corporate administered property, a category 1 or category 2 installation):
                1. whether an FTTP service provider or a network operator has complied with requirements under this subpart when exercising a statutory right of access (including the requirement to reinstate property when an installation is completed):
                  1. other matters provided for in the rules of the scheme.

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