First phase of Land Access Reforms to speed up UFB rollout
Hon Amy Adams
Minister for Communications
23
February 2016
First phase of Land Access Reforms to speed up UFB rollout
The Government has agreed to streamline consenting rules to help speed up the installation of the ever-popular Ultra-Fast Broadband (UFB) rollout, Communication Minister Amy Adams announced today.
The changes are part of the first phase of its Land Access Reforms to reduce delays and frustrations with getting properties connected to UFB. They follow on from the Land Access for Telecommunications Discussion Document released last year.
“The demand for UFB is ramping up with over 18,700 orders in December alone. New Zealanders want changes made to make it easier and quicker to connect to UFB,” says Ms Adams.
“Around 13 per cent of all UFB orders require some form of permission for access to private property shared between neighbours, and around a quarter of these orders are cancelled due to problems obtaining permission.”
Under the changes, a tiered consent regime will provide two new categories of simplified approvals according to the impacts the fibre installation are considered to have on the property. Those outside these two categories will continue to require consent of all affected owners as currently occurs.
“In making these decisions, the Government has endeavoured to strike the right balance between simplifying consent requirements, while still respecting the rights of property owners,” says Ms Adams.
“A neighbour at war standoff shouldn’t prevent the rollout of UFB. A modern, effective and fair land access framework will ensure that people are not prevented from realising the benefits of UFB in situations where their neighbours can’t be contacted, don’t take the time to complete the required paperwork or decline the request due to an unrelated conflict.”
Ms Adams said that at least 80 per cent of orders which require consent could fall within one of the two new categories.
“For these installations, the average time to connect could be halved and issues with the non-response from neighbours resolved,” says Ms Adams.
“An alternate disputes resolution process will also be provided to consider any resulting disputes. The scheme will be similar to that which operates in respect of the electricity and gas industries.
“I’ve instructed the Parliamentary Counsel Office to start drafting legislation, which will include an expiry date of 1 January 2025 when the UFB build programme will be complete.”
Phase two of the Land Access Reforms will look at additional proposals to help people living in multi-unit complexes connect to UFB and the proposal around using existing infrastructure to increase coverage into rural areas. Announcements around phase two can be expected within a few months.
Attached: Visual examples of tiered consent regime
Information on the tiered consent regime:
Category One Installations:
Methods that
have no lasting impacts on property, such as those that only
disturb grass or other soft surfaces. For these
installations a statutory right will be provided for a
network operator to get on with the install after providing
five working days’ notice. This is estimated to cover
about 37 per cent of installations in shared driveways.
Category Two Installations:
Methods that have some
lasting impact on property, such as drilling a cable
underground and leaving small pot holes to access the
network every 10 metres or so. For these installations
neighbours will be provided with a high-level design and
given 15 working days to object on a limited number of
grounds. If they do not object, they will be deemed to have
consented. Category two is estimated to cover off
approximately 51 per cent of installations in shared
driveways rights of way.
Status Quo:
Remaining 12
per cent of installation methods that are more invasive than
these new categories will continue to be subject the
existing requirement whereby all parties need to provide
their
consent.
ends