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#191980 23-Feb-2016 09:48
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http://www.scoop.co.nz/stories/PA1602/S00308/first-phase-of-land-access-reforms-to-speed-up-ufb-rollout.htm

 

In short, there is now a limited time to object, and approval is automatically granted if there is no objection.


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  #1497611 23-Feb-2016 10:10
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And I hope the objections are filtered to remove the nasty attitude ones


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  #1497644 23-Feb-2016 10:49
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The full text:

 

 

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

 





 

 

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  #1497850 23-Feb-2016 14:03
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This is excellent news, or at least a step in the right direction!





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  #1497861 23-Feb-2016 14:28
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<snip>

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

 

 

This is great news if you're in Category One or Two  smile





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  #1497997 23-Feb-2016 18:19
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About time, I can imagine a lot of frustrated people who can get fibre and want it will be happy at this, rather than being delayed over a neighbour who is either totally uncontactable or they have an issue with,


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  #1498314 24-Feb-2016 09:21
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Sideface:

 

<snip>

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

 

 

This is great news if you're in Category One or Two  smile

 



 

Have applied for the third time with the other two being cancelled due to consent from a neighbor who would not even be affected by my overhead cable install. Fingers crossed.


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  #1498374 24-Feb-2016 10:58
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The only downside of all this is there could be a shortage of installers to do the extra work around NZ.


 
 
 
 


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  #1498388 24-Feb-2016 11:25
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Great change. Has this come into effect immediately? 


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  #1498401 24-Feb-2016 11:37
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Nope, requires legislation change so could be 6-8 months or longer


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  #1498404 24-Feb-2016 11:44
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JamesL:

 

Nope, requires legislation change so could be 6-8 months or longer

 

 

Oops - I didn't read the small print in the OP:  "I’ve instructed the Parliamentary Counsel Office to start drafting legislation ..."





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  #1498407 24-Feb-2016 11:58
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Sounds like good news.

 

One friend of mine couldn't get consent based solely on the premise that his neighbour thought he was 'selling' her internet.

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