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Telecommunications Act 2001

Networks - Access to property, involving rights of multiple parties, to deploy fibre optic media and other technology - Regulations and exemption

155ZO: Regulations

You could also call this:

"Rules Made by the Governor-General to Help with the Telecommunications Act"

Illustration for Telecommunications Act 2001

The Governor-General can make regulations for certain purposes. You need to know what these purposes are. They include how notices are given and other matters. The Minister must recommend these regulations. You will see the Minister talking about other technology and installations. The Minister must consult with people who will be affected by the regulations. The Minister must be satisfied that the technology will provide benefits to New Zealand. The Minister must also think about the impact of installations on properties. Regulations can prescribe fees and how information is given to people. You can find more information about secondary legislation in Part 3 of the Legislation Act 2019. This will help you understand how regulations are published. Regulations are made to help with the administration of the Act.

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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=DLM7314775.

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

155ZORegulations

  1. The Governor-General may, by Order in Council made on the recommendation of the Minister in accordance with subsections (2) to (4), make regulations for all or any of the following purposes in respect of this subpart:

  2. prescribing, for the purposes of section 155G, how notices may or must be given and other matters relating to that procedure (including when the notice is treated as having been received or as having been given for the purposes of this subpart):
    1. prescribing other technology for the purposes of this subpart:
      1. prescribing how long statutory rights of access apply for a prescribed other technology for the purposes of section 155H(c):
        1. prescribing requirements for preliminary notices for the purposes of section 155K(2) or 155M(1):
          1. prescribing methods of installation as category 1 installations (including requirements applying to those installations) for the purposes of this subpart:
            1. prescribing methods of installation as category 2 installations (including requirements applying to those installations) for the purposes of this subpart:
              1. prescribing grounds on which affected persons may object to category 2 installations for the purposes of section 155N:
                1. prescribing grounds on which the body corporate of a body corporate administered property may object to a category 1 or category 2 installation for the purposes of section 155T:
                  1. prescribing when grounds for objection apply, do not apply, or apply with modifications:
                    1. prescribing periods of time for the purposes of section 155ZA, including—
                      1. different periods of time for each category of installation:
                        1. different periods of time for each type of work specified in section 155ZA(2) in relation to each category of installation:
                          1. different times in the day during which any prescribed period of time applies:
                            1. the number of occasions, during any period of time, that an FTTP service provider may restrict or block other persons from using an access area:
                            2. prescribing fees payable by members of the dispute resolution scheme in respect of any matter relating to disputes under this subpart, or the manner in which such fees may be calculated:
                              1. prescribing how information may or must be given to, provided to, or served on any person under this subpart and other matters relating to that procedure (including when the information is treated as received or as having been given, provided, or served for the purposes of this subpart and the regulations):
                                1. providing for any other matters contemplated for this Act, necessary for its administration, or necessary for giving it full effect.

                                  1. Before recommending regulations prescribing other technology under subsection (1)(b), the Minister must—

                                  2. consult the persons or organisations that appear to the Minister to be representative of the interests of those persons likely to be substantially affected by the regulations; and
                                    1. be satisfied that the technology proposed—
                                      1. is to be deployed on a large scale; and
                                        1. will provide benefits to New Zealand; and
                                          1. cannot be installed without the consent of multiple parties first being obtained and this requirement is preventing, or is likely to prevent, the benefits to New Zealand of the technology being realised.

                                          2. Before recommending regulations prescribing a method of installation as a category 1 installation under subsection (1)(e), the Minister must be satisfied that the installation will not have any lasting, substantial, physical impact on the property.

                                          3. Before recommending regulations prescribing a method of installation as a category 2 installation under subsection (1)(f), the Minister must be satisfied that—

                                          4. any disruption that the installation may cause for users of the property will be temporary; and
                                            1. any lasting, substantial, physical impact that the installation may have on the property is justifiable in support of the mass market roll-out of a telecommunications network.

                                              1. A failure to comply with this section does not affect the validity of the regulations made.

                                              2. Regulations under this section are secondary legislation (see Part 3 of the Legislation Act 2019 for publication requirements).

                                              Notes
                                              • Section 155ZO: inserted, on , by section 13 of the Telecommunications (Property Access and Other Matters) Amendment Act 2017 (2017 No 16).
                                              • Section 155ZO(6): inserted, on , by section 3 of the Secondary Legislation Act 2021 (2021 No 7).