Telecommunications (Property Access and Other Matters) Amendment Act 2017 Commencement Order 2017

2017/81

Coat of Arms of New Zealand

Telecommunications (Property Access and Other Matters) Amendment Act 2017 Commencement Order 2017

Hon Sir William Young, Administrator of the Government

Order in Council

At Wellington this 8th day of May 2017

Present:
His Excellency the Administrator of the Government in Council

This order is made under section 2 of the Telecommunications (Property Access and Other Matters) Amendment Act 2017 on the advice and with the consent of the Executive Council.

Order

1 Title

This order is the Telecommunications (Property Access and Other Matters) Amendment Act 2017 Commencement Order 2017.

2 Commencement of specified provisions of Telecommunications (Property Access and Other Matters) Amendment Act 2017

The following provisions of the Telecommunications (Property Access and Other Matters) Amendment Act 2017 come into force on 9 June 2017:

(a)

section 4, in so far as it inserts new section 4(gaaa) in the Telecommunications Act 2001 (the principal Act):

(b)

section 13, in so far as it replaces subpart 3 of Part 4 of the principal Act with new subpart 3 of Part 4.

Michael Webster,
Clerk of the Executive Council.

Explanatory note

This note is not part of the order, but is intended to indicate its general effect.

This order brings the remaining provisions of the Telecommunications (Property Access and Other Matters) Amendment Act 2017 (the amendment Act), except section 18, into force on 9 June 2017.

Broadly summarised, the provisions brought into force amend the Telecommunications Act 2001 (the principal Act) to—

  • provide statutory rights for fibre to the premises service providers and network operators to access private property in order to install, maintain, repair, and upgrade fibre optic media and other technology. These statutory rights apply in certain circumstances where service providers and network operators would otherwise need to obtain the consent of more than 1 person before accessing a property and carrying out that work because the property is subject to multiple legal rights:

  • provide for a dispute resolution scheme to be established in order to deal with disputes arising out of the new statutory rights of access.

Section 18, which relates to providing for authorisations under the Commerce Act 1986 in respect of transactional arrangements for the extension of the Rural Broadband Initiative and the Mobile Black Spot Fund announced by the Minister for Communications on 12 March 2015, is be brought into force by further Order in Council.

All other provisions of the amendment Act came into force on 3 May 2017.

Issued under the authority of the Legislation Act 2012.

Date of notification in Gazette: 11 May 2017.

This order is administered by the Ministry of Business, Innovation, and Employment.