Telecommunications (Property Access and Other Matters) Amendment Act 2017

Reprint as at 18 August 2017

Coat of Arms of New Zealand

Telecommunications (Property Access and Other Matters) Amendment Act 2017

Public Act
 
2017 No 16
Date of assent
 
18 April 2017
Commencement
 
see section 2
Note

Changes authorised by subpart 2 of Part 2 of the Legislation Act 2012 have been made in this official reprint.

Note 4 at the end of this reprint provides a list of the amendments incorporated.

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

Contents

1Title
2Commencement
3Principal Act
4Section 4 amended (Overview)
5Interpretation
6New section 7A inserted (Transitional, savings, and related provisions)
7ATransitional, savings, and related provisions
7Section 79 amended (When 2 or more bodies corporate must be treated as 1 person)
8Section 80 amended (Interpretation)
9Section 81 amended (Subpart does not apply to certain liable persons)
10New section 81A inserted (Application of subpart if non-liable person acquires assets of liable person)
81AApplication of subpart if non-liable person acquires assets of liable person
11Section 83 amended (Liable persons must produce information for purposes of liability allocation determination)
12Section 91(2) repealed (Commission must notify final liability allocation determination before notifying TSO cost calculation determination)
13Subpart 3 of Part 4 replaced
155APurpose
155BOverview
155CStatus of examples
155DInterpretation
155EReferences to fibre optic media, etc, include other prescribed technology
155FRelationship with other statutory rights of access
155GNotices under this subpart
155HHow long statutory rights of access apply for
155INature of statutory rights of access
155JGeneral preconditions for statutory rights of access to apply
155KParticular preconditions before exercising statutory right of access to carry out category 1 installation
155LParticular preconditions before exercising statutory right of access to carry out category 2 installation
155MRequirements in respect of preliminary notice and design plan for category 2 installations
155NGrounds and time for objecting to exercise of statutory right of access to carry out category 2 installation
155OEffect of objection to exercise of statutory right of access for category 2 installation
155PDeemed consent to category 2 installation
155QStatutory right of access to common areas of body corporate administered properties for designing installations
155RParticular preconditions before exercising statutory right of access to body corporate administered property for carrying out category 1 and 2 installations
155SRequirements in respect of preliminary notice and design plan given to body corporate
155TGrounds and time for body corporate objecting to statutory right of access to carry out category 1 or category 2 installation
155UFTTP service provider or network operator may extend time for body corporate objections
155VEffect of body corporate objections
155WRequirement for governing bodies to give unit owners reasons for objections
155XDeemed consent of body corporate to category 1 or category 2 installation
155YApplication of sections 155Z to 155ZB
155ZHow statutory rights of access must be exercised
155ZARestrictions on use of access areas during installations, reinstatements, etc
155ZBObligation to reinstate property
155ZCNon-prescribed installations
155ZDOngoing rights of access
155ZEConditions of ongoing rights
155ZFProtection of interests in installations
155ZGDispute resolution scheme
155ZHFTTP service providers and network operators exercising statutory access rights must be members of dispute resolution scheme
155ZIDisputes may be referred to dispute resolution scheme
155ZJDeterminations binding on members and certain other parties
155ZKAppeals against determinations
155ZLProcedure on appeal
155ZMCompliance with rules, binding settlements, and determinations
155ZNLevy for regulated dispute resolution scheme
155ZORegulations
155ZPExemption from body corporate duties of repair and maintenance
155ZQRelationship to other enactments
155ZRPurposes
155ZSInterpretation
155ZTRight for owners of existing works to enter land and carry out fibre optic works
155ZUFibre optic connections that owners of existing works must provide to landowners
155ZVThird party use of existing works for carrying out fibre optic works
155ZWThird party request to use existing works for carrying out fibre optic works
155ZXOwner of existing works must consider request
155ZYRequirements on owner of existing works if request refused
155ZZMinister may intervene
155ZZAConditions of right under section 155ZV
155ZZBPowers and duties of owners of existing works and landowners
155ZZCCompensation for damage, etc
155ZZDServices provided using rights under subpart
155ZZEPower to grant relief in respect of breach of open access obligations
155ZZFUndertaking under Part 4AA overrides open access obligations under subpart
155ZZGRight of entry does not affect existing works owner’s rights and obligations under Electricity Act 1992
155ZZHRegulations
14Section 156AB amended (Interpretation)
15Section 156AD amended (Main requirements for undertakings)
16Section 156AZC amended (Restrictive trade practices authorisations in respect of participation in Ultra-fast Broadband Initiative)
17Section 156AZD amended (Business acquisition authorisations in respect of participation in Ultra-fast Broadband Initiative)
18New subpart 7 of Part 4AA inserted
156AZEInterpretation for this subpart
156AZFRestrictive trade practices authorisations in respect of transactional arrangements for RBI2 and MBSF
19Amendment to Electricity Act 1992
20New Schedule 1AA inserted
21New Schedule 3C inserted
Reprint notes

The Parliament of New Zealand enacts as follows: