New Zealand Legislation: Regulations

5 Telecommunication facilities in road reserves: activity status

• (1) The installation and operation of a telecommunication facility in a road reserve is a permitted activity as far as the situations in regulations 6 to 9 are concerned if—

  • (a) the facility is a permitted activity as far as radiofrequency fields are concerned under regulation 4; and

  • (b) the facility complies with the applicable conditions in regulations 6 to 9.

  (2) The installation and operation of a telecommunication facility in a road reserve is a non-complying activity as far as radiofrequency fields are concerned if the facility does not comply with the condition specified in subclause (1)(a).

  (3) The installation and operation of a telecommunication facility in a road reserve is a controlled activity as far as the situations in regulations 6 to 9 are concerned if—

  • (a) the facility does not comply with the conditions specified in subclause (1)(b); and

  • (b) the facility would have been a permitted activity or a controlled activity under the relevant district plan or proposed district plan if these regulations did not exist.

  (4) For the purpose of assessing resource consent applications for a telecommunication facility to which subclause (3) applies, control is reserved over the conditions in regulations 6 to 9 with which the facility does not comply.

  (5) The installation and operation of a telecommunication facility in a road reserve is a restricted discretionary activity as far as the situations in regulations 6 to 9 are concerned if—

  • (a) the facility does not comply with the conditions specified in subclause (1)(b); and

  • (b) the facility would have been a restricted discretionary activity under the relevant district plan or proposed district plan if these regulations did not exist.

  (6) For the purpose of assessing resource consent applications for a telecommunication facility to which subclause (5) applies, discretion is restricted to the conditions in regulations 6 to 9 with which the facility does not comply.

  (7) The installation and operation of a telecommunication facility in a road reserve is a discretionary activity if—

  • (a) the facility does not comply with the conditions specified in subclause (1)(b); and

  • (b) the facility would have been a discretionary activity under the relevant district plan or proposed district plan if these regulations did not exist.

  (8) The installation and operation of a telecommunication facility in a road reserve is a non-complying activity if—

  • (a) the facility does not comply with the conditions specified in subclause (1)(b); and

  • (b) the facility would have been a non-complying activity under the relevant district plan or proposed district plan if these regulations did not exist.

  (9) The installation and operation of a telecommunication facility in a road reserve is a prohibited activity if—

  • (a) the facility does not comply with the conditions specified in subclause (1)(b); and

  • (b) the facility would have been a prohibited activity under the relevant district plan or proposed district plan if these regulations did not exist.