New Zealand Legislation: Regulations
Regulations are laws made under Acts
(1) This regulation applies to the planning and operation of a telecommunication facility that generates radiofrequency fields.
(2) A telecommunication facility is a permitted activity as far as radiofrequency fields are concerned if the network operator that plans and operates the facility complies with—
(a) the conditions in subclauses (3) and (4); and
(b) the condition in subclause (5), if it applies.
(3) The first condition is that the network operator plans and operates the telecommunication facility in accordance with NZS 2772: Part 1:1999 Radiofrequency Fields Part 1 – Maximum Exposure Levels – 3 kHz to 300 GHz.
(4) The second condition is that the network operator ensures that the relevant local authority receives, before the telecommunication facility becomes operational, the following:
(a) written or electronic notice of where the facility is or where it is proposed to be; and
(b) a report that—
(i) is prepared in accordance with NZS 6609.2: 1990 Radiofrequency Radiation: Part 2: Principles and Methods of Measurement 300 kHz to 100 GHz; and
(ii) takes account of exposures arising from other telecommunication facilities in the vicinity of the facility; and
(iii) predicts whether the radiofrequency field levels at places in the vicinity of the facility that are reasonably accessible to the general public will comply with NZS 2772: Part 1:1999 Radiofrequency Fields Part 1 – Maximum Exposure Levels – 3 kHz to 300 GHz.
(5) The third condition applies if the prediction referred to in subclause (4)(b)(iii) is that the radiofrequency field levels will reach or exceed 25% of the maximum level authorised by NZS 2772: Part 1:1999 Radiofrequency Fields Part 1 – Maximum Exposure Levels – 3 kHz to 300 GHz for exposure of the general public. The network operator must ensure that the relevant local authority receives, within 3 months of the telecommunication facility becoming operational, a report that—
(a) is prepared in accordance with NZS 6609.2: 1990 Radiofrequency Radiation: Part 2: Principles and Methods of Measurement 300 kHz to 100 GHz; and
(b) provides evidence that the actual radiofrequency field levels at places in the vicinity of the facility that are reasonably accessible to the general public comply with NZS 2772: Part 1:1999 Radiofrequency Fields Part 1 – Maximum Exposure Levels – 3 kHz to 300 GHz.
(6) A telecommunication facility that is not a permitted activity under this regulation is a non-complying activity as far as radiofrequency fields are concerned.