Three questions about consent for UFB

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aboylikedave

243 posts

Master Geek

#177661 10-Aug-2015 21:10

I live on a cross lease of 5 houses with a shared driveway so need consent forms signed.

1. If one of the cross leases applies for UFB installation themselves does that automatically count as consent for me?

2. The flip of that is that if one of them refuses me consent, then can I refuse them consent when they apply, or does my application constitute consent for the shared drive already.

3. Finally, is my reading correct that the consent form seems to be quite harsh , giving current and future access to their whole property? Couldn't it just refer to the driveway in this particular case?

My EPL football websites: Get the results but hide the score of your team at HidetheScore.net. Compare league positions with wage bills at RealPremierLeague.net.

Huchiz

221 posts

Master Geek

#1363186 11-Aug-2015 20:46

I'm in the same situation, have VDSL at the moment. But like to know the answers. :D

Wheelbarrow01

1726 posts

Uber Geek

Trusted

Chorus

#1363290 11-Aug-2015 23:11

I'll have a crack at answering your questions:

1. If one of the cross leases applies for UFB installation themselves does that automatically count as consent for me?
Yes it does, provided of course that the applicant is the owner of that dwelling, and not just a tenant.

2. The flip of that is that if one of them refuses me consent, then can I refuse them consent when they apply, or does my application constitute consent for the shared drive already.
Your application does constitute consent, but I imagine you could write to the Chorus consent team to revoke it if you wish - as long as Chorus have not already gained all other consents and started the design/build process already. Revocation after the fact could be difficult.

3. Finally, is my reading correct that the consent form seems to be quite harsh , giving current and future access to their whole property? Couldn't it just refer to the driveway in this particular case?
The network owned by Chorus extends up to the external entry point on each dwelling, therefore consent to access the network on the driveway only would not be sufficient for repair or maintenance purposes. The fibre consent is in principle no different to the agreement that already exists for every property that has a copper line installed. The difference is that any copper agreement is likely to have been entered into aeons ago, and therefore most current property owners are probably unaware that such an agreement even exists - until Chorus come calling to maintain or repair the network on their property.

The views expressed by me are not necessarily those of my employer Chorus NZ Ltd

Chorusnz

430 posts

Ultimate Geek

Trusted

Chorus

#1363468 12-Aug-2015 09:53

Checking with the Chorus property team we can advise the following;

Q: If one of the cross leases applies for UFB installation themselves does that automatically count as consent for me?

A: Each Owner of the Cross lease will need to Consent to the installation. If one of the Owners of the Cross lease applies for Ultra-Fast Broadband, their consent will be considered ‘given’ due to them signing the End User Terms when they signed up for Ultra- Fast Broadband at their Internet Service Provider.

Q: The flip of that is that if one of them refuses me consent, then can I refuse them consent when they apply, or does my application constitute consent for the shared drive already?

A: If the build does not go ahead the End User Terms do not apply. End User Terms only apply if it has been built.

Q: Finally, is my reading correct that the consent form seems to be quite harsh , giving current and future access to their whole property? Couldn't it just refer to the driveway in this particular case?

A: The Consent form grants the rights and obligations Chorus needs to install and maintain the network and infrastructure. (We need access to the shared area to install & maintain the common network).

Note: If you are in another LFC build area please consult with them as their process may be different.

^GL

aboylikedave

243 posts

Master Geek

#1363613 12-Aug-2015 13:01

Chorusnz: Checking with the Chorus property team we can advise the following;

Q: If one of the cross leases applies for UFB installation themselves does that automatically count as consent for me?

A: Each Owner of the Cross lease will need to Consent to the installation. If one of the Owners of the Cross lease applies for Ultra-Fast Broadband, their consent will be considered ‘given’ due to them signing the End User Terms when they signed up for Ultra- Fast Broadband at their Internet Service Provider.

Q: The flip of that is that if one of them refuses me consent, then can I refuse them consent when they apply, or does my application constitute consent for the shared drive already?

A: If the build does not go ahead the End User Terms do not apply. End User Terms only apply if it has been built.

Q: Finally, is my reading correct that the consent form seems to be quite harsh , giving current and future access to their whole property? Couldn't it just refer to the driveway in this particular case?

A: The Consent form grants the rights and obligations Chorus needs to install and maintain the network and infrastructure. (We need access to the shared area to install & maintain the common network).

Note: If you are in another LFC build area please consult with them as their process may be different.

^GL

Thanks for this. REgarding the last question does that mean the consent is just for shared area? I'll hasve to check back but I'm sure the form talked about access to their 'property'' which could be confusing.

My EPL football websites: Get the results but hide the score of your team at HidetheScore.net. Compare league positions with wage bills at RealPremierLeague.net.