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Residential Tenancies Act 1986

Tenancy agreements - Rights and obligations of parties

45B: Landlord must permit and facilitate installation of fibre connection in certain circumstances

You could also call this:

“ The owner must let you get fast internet in your rented home if it's possible and doesn't cost them anything, unless there's a good reason not to. ”

You can ask your landlord to install a fibre internet connection in your home if there isn’t one already. Your landlord must allow this if it’s possible to install and it won’t cost them anything. For example, if the cost is covered by the UFB Initiative.

However, your landlord doesn’t have to allow the installation if it would damage the building, break any rules that apply to your home, or get in the way of major work they’re planning to do soon.

If your landlord has to allow the installation, they must help make it happen within a reasonable time. When you ask for fibre in writing, your landlord must respond within 21 days. If the company installing the fibre asks your landlord for information or permission, your landlord must also reply within 21 days.

Your landlord is breaking the law if they don’t follow these rules without a good reason.

A fibre connection means a link from inside your home to a fibre fixed line access service. This service, along with terms like ‘network operator’ and ‘UFB Initiative’, are explained in section 5 of the Telecommunications Act 2001.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS451366.

Topics:
Housing and property > Renting
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Part 2 Tenancy agreements
Rights and obligations of parties

45BLandlord must permit and facilitate installation of fibre connection in certain circumstances

  1. The landlord must permit the installation of a fibre connection in the premises if—

  2. there is no fibre connection in the premises; and
    1. it is possible to install a fibre connection in the premises; and
      1. the tenant requests a fibre connection; and
        1. the fibre connection can be installed at no cost to the landlord (for example, because the cost is covered by the UFB Initiative).

          1. However, a landlord is not required to permit the installation of a fibre connection—

          2. if installation would materially compromise the weathertightness or the character of any building; or
            1. if installation would compromise the structural integrity of any building; or
              1. if installation would breach an obligation or a restriction that is relevant to the premises (for example, an obligation or a restriction imposed by a bylaw, a planning or body corporate rule, or a covenant); or
                1. if—
                  1. the landlord is to carry out extensive alterations, refurbishment, repairs, or redevelopment of the premises; and
                    1. the work is to begin, or material steps towards it are to be taken, within 90 days after the date on which the landlord receives a request for the installation of fibre from the tenant; and
                      1. the installation would impede that work; or
                      2. if the Tribunal, on application by the landlord, determines that, due to the circumstances of the premises or the installation, the landlord should not be required to provide for the installation of a fibre connection in the premises.

                        1. A landlord who is required to permit the installation of a fibre connection must take all reasonable steps to facilitate the installation within a reasonable period of time.

                        2. If a tenant makes a written request for the installation of a fibre connection, the landlord must respond within 21 days after receiving the request.

                        3. If a network operator makes a written request for consent or information from the landlord, the landlord must respond to the request within 21 days after receiving the request.

                        4. A landlord commits an unlawful act if the landlord, without reasonable excuse, fails to comply with subsection (3), (4), or (5).

                        5. In this section,—

                          fibre connection, in relation to premises, means a connection to a fibre fixed line access service from within the premises

                            fibre fixed line access service, network operator, and UFB Initiative have the same meanings as in section 5 of the Telecommunications Act 2001

                              material steps has the same meaning as in section 51(2A).

                              Notes
                              • Section 45B: inserted, on , by section 28 of the Residential Tenancies Amendment Act 2020 (2020 No 59).