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