^^^

Kudos. A highly informative post that highlights all the complexities involved!

Behodar:

 

phantomdb: Since phone service is now delivered over fiber would that change the implications of essential.

 

i see it as essential infrastructure.

 

 

On the other end of the scale, with it now being common to not have a landline, should a copper phone service still be "essential"?

 

Back to the topic at hand, if your neighbour has ordered UFB themselves then it should be "deemed consent" for you to get it too.

 

Doesnt consent cover the ability and issues to go over the property? 

alt0174:

 

OK, so I just got an update from my neighbors. They sent the consent form off last Monday. Im guessing its in the lost forms pile.

 

It would appear that the entire UFB signup process has been designed from Choruses viewpoint. ie lets make it as difficult as possible for people to sign up and put obstacles in the way, rather than designing a process to encourage signups and assist users where possible.

 

As long as they think their processes and customer engagement is adequate nothing is going to change.

 

I guess I will ring Vodafone again tommorow and speak to a guy who will tell me "dont worry, well sort it, just email me at www.vodafone.co.nz ).

 

At least I have my health (although I feel a headache coming on)

 

 

 

:)

 

 

 

 

 

Id say its more a PC issue. Everyone is scared of some issue,problem, blame, cost, liability.

Thats all the clauses of section 6 regarding telecommunications, sections 1-5 of the easement are to do with water,power,sewerage, access etc.

The easements were added for exactly this purpose, by a lawyer, to avoid having to obtain consent, that's the annoying part.

The other annoying issue is that our neighbours did not require any consent from us, and have applied for fibre and have had a site visit already, therefore they have already given chorus consent for fibre to be installed on "their land".

As I mentioned earlier, the process is designed to protect the supplier, at the inconvenience of the customer. Whilst it must be a difficult job to coordinate the install (and supply chain) of so many connections, it would only take a small amount of effort on choruses part to make the whole process more palatable and streamlined.

Probably the first thing I would do, is remove the ISP from the equation and allow the customer to deal directly with Chorus via a specialist portal that allowed you to see the status of your application and any documentation associated with it.

alt0174:

 

just email me at www.vodafone.co.nz ).

 

 

 

Off topic, but this reminds of the time I rang a helpdesk asking for a DNS change. After 5 minutes of silence, the operator came back and asked if my TV was working now. I told him my request again but upon reflection what I should have done is said "Yes, thanks." and hung up.

Whats worse is they didnt put me on hold properly and I could hear them asking around, and that answer was the consensus, not just an individual.

It wasnt an NZ based help desk.......

alt0174:

 

Thats all the clauses of section 6 regarding telecommunications, sections 1-5 of the easement are to do with water,power,sewerage, access etc.

 

The easements were added for exactly this purpose, by a lawyer, to avoid having to obtain consent, that's the annoying part.

 

IANAL you would have thought that your easement would have been sufficient but the current wording in the Land Transfer Regulations has additional wording (my bolding) that seems to limit the scope of an older "Telecommunications" easement.

"in relation to a right to convey electric power or a right to convey telecommunications and computer media, means wires, cables (containing wire or other media conducting materials), towers, poles, transformers, switching gear, other equipment suitable for that purpose (whether above or under the ground), and anything in replacement or substitution:"

An easement doesn't have to be for essential services.  We had an easement on a property for the neighbour (whose property our section was subdivided from) to put an access track through the back corner when they wanted to harvest their pine trees at maturity.

All the properties on the subdivision we now live in have a easement on the titles for electricity, water, drainage, sewage, telephone AND data.  i.e. they have separately and specifically provided for data cabling in the easement.

But ... Chorus still required neighbours' consent when they thought they would have to run our UFB down the adjacent right-of-way.

Yet ... Chorus merrily dug a pit into our front garden without even notifying us.  I just looked outside one day and a small digger was excavating in our front garden.  No drama, we didn't mind the pit going in at all, but the irony ...

I just had my months long battle with Chorus over getting my consents for UFB sorted (am in Auckland). In the end the problem was solved after Chorus passed me on to the property management company handling the actual consents process and got it all done with the design plan within a week of communicating with the company. 

sbiddle:

 

UFB is not an essential service like copper so things are treated didfferently.

 

Chorus don't handle the consent process, so while they may be able to help they're not the ones actually processing these.

 

 

 

No I don't agree having just read the copy of the easement above....I guess it needs a lawyer to check but as it does not refer to "essential service" then that doesn't apply....he can have a wire/cable laid as stated....no consents required as its already granted via this legal right of way easement....imho....Laurie

sbiddle:

 

UFB is not an essential service like copper so things are treated didfferently.

 

Chorus don't handle the consent process, so while they may be able to help they're not the ones actually processing these.

 

 

 

They can use their composite cable that contains a cat5e copper along with 2 SM fibres, thus directly replacing the existing copper. I presume its more expensive and they prefer blown fibre now so maybe thats why they don't seem to do it much. Isnt the telecoms act going to be updated for this? Perhaps GZ can start lobbying the minister!

webwat:

 

sbiddle:

 

UFB is not an essential service like copper so things are treated didfferently.

 

Chorus don't handle the consent process, so while they may be able to help they're not the ones actually processing these.

 

 

 

 

They can use their composite cable that contains a cat5e copper along with 2 SM fibres, thus directly replacing the existing copper. I presume its more expensive and they prefer blown fibre now so maybe thats why they don't seem to do it much. Isnt the telecoms act going to be updated for this? Perhaps GZ can start lobbying the minister!

 

Yes the act is going to be updated and there has been a lot of discussion around this. It'll moved to implied consent, which is pretty much if you don't say no, it's assumed consent is given.