1 Introduction

1 Introduction

1.1 Purpose of this document

• the radiofrequency field (RF) exposures from telecommunication facilities
• the erection of roadside equipment cabinets and the installation of telecommunication antenna
• noise levels from roadside cabinets.

It should be noted that this document does not have any legal status. A complete copy of the regulations is attached as Appendix A.

If you require further assistance or have any questions, please contact:

Ministry for the Environment
Phone: 04 439 7400
Email: standards@mfe.govt.nz
Postal: PO Box 10362 Wellington

1.2 What are national environmental standards?

National environmental standards are regulations developed in accordance with sections 43 and 44 of the Resource Management Act 1991 (RMA). The RMA provides considerable scope for what national environmental standards may do. In effect, they can be developed to do anything a district or regional plan can do, but at a national scale. They can apply to all or only specific parts of New Zealand. National environmental standards can permit activities or development, but they can also prohibit or require resource consent for activities in order to manage or protect our environment. They can set environmental standards or benchmarks to manage and protect our natural resources such as air and water. They have the force of regulation and are implemented by agencies and parties with responsibilities under the RMA.

Every local authority and consent authority must observe national environmental standards and must enforce the observance of national environmental standards to the extent their powers enable them to do so.

A national environmental standard is a binding regulation. The National Environmental Standards for Telecommunication Facilities (the NES) replace certain existing rules in district plans and bylaws that affect the activities of telecommunications operators. This does not mean that activities not permitted by the NES are prohibited. It simply means that in some cases resource consents will need to be applied for, and these applications will be assessed against the provisions of the relevant district plan.

The NES needs to be read in conjunction with rules in a plan because some rules will still be applicable. Complying with the NES alone may not be sufficient. Where an activity cannot meet the permitted activity criteria in the NES, it will continue to be managed by the existing rules in the relevant district plan.

1.3 National Environmental Standards for Telecommunication Facilities

In October 2008 the NES came into force. The regulations essentially provide for four things.

1. The planning and operation of a telecommunication facility (such as a mobile phone transmitter) that generates RF fields is a permitted activity provided it complies with the New Zealand Standard (NZS 2772.1: 1999 Radiofrequency Fields Part 1: Maximum Exposure Levels 3 kHz to 300 GHz).
2. The installation of telecommunication equipment cabinets in the road reserve is a permitted activity, subject to specified limitations on their size and location.
3. Noise emitting from telecommunication equipment cabinets located in the road reserve is a permitted activity, subject to specified noise limits.
4. The installation or replacement of masts and antennas on existing structures in the road reserve is a permitted activity, subject to specified limitations on height and size.

In terms of RF fields, where a telecommunication facility does not qualify as a permitted activity, its status becomes non-complying. For all other provisions in the regulations, where an activity does not qualify as a permitted activity, its activity status reverts to that outlined in the local authority plan. (There is one minor exception where a district plan is more permissive than the NES, and this is explained in detail in section 3.2.)

1.4 Timeline for the development of the NES

September 2004: Cabinet approved a comprehensive set of measures designed to improve the working of the RMA. Part of the review led to the decision to explore greater use of national policy statements and national environmental standards to help local government decide how competing national benefits and local costs of infrastructure should be balanced.

July 2005: Representatives of government and the telecommunications industry formulated a report to form the basis of a national environmental standard and presented it to the Ministry for the Environment (copies of the industry reference group’s report are available on request from standards@mfe.govt.nz).

June 2007: The Ministry for the Environment incorporated this report into the discussion document Proposed National Environmental Standards for Telecommunications Facilities. This was released for public consultation, and was followed by a series of workshops.

August 2007: 82 submissions were received from local and central government, industry, community groups and individuals. The report covering the submissions received and responses to consultation is available from the Ministry for the Environment.

February 2008: Cabinet decided the National Environmental Standards for Telecommunication Facilities should proceed and that regulations should be drafted to give effect to the policy.

September 2008: The Resource Management (National Environmental Standards for Telecommunication Facilities) Regulations 2008 were made through an Order in Council by the Governor General under the authority of the Acts and Regulations Publication Act 1989.