2. Background Information

2.1 Why the regulations were developed

The regulations seek to create a level playing field across the country by providing clarity and certainty about the types of telecommunication infrastructure that are permitted and what continues to be managed by a local authority’s district plan. In some areas the regulations remove the requirement to obtain resource consent for some roadside structures, while in other districts they place tighter limits on what may require resource consent.

The catalyst for the regulations was a 1997 Organisation for Economic Co-operation and Development (OECD) review of New Zealand, which concluded that it was necessary for central government to:

1. strengthen national policy guidance, in the form of policy statements and national environmental standards, in the interest of promoting a level national playing field and improving regulatory efficiency;
2. further integrate environmental concerns into economic and sectoral decisions, particularly by using economic instruments to internalise environmental costs of economic activities; and
3. further develop international environmental co-operation.¹

Improved telecommunication infrastructure is considered essential to build New Zealand’s economy into the future. The ability to develop national environmental standards is included in the RMA, and the implementation of such a national environmental standard is considered an appropriate tool to enable the telecommunication network to fulfil its potential.

To put this in context, the Digital Strategy 2005 identifies national environmental standards as contributing to:

• providing faster and more cost-effective delivery of telecommunication facilities
• achieving the top half of the OECD (broadband) performance by 2010
• becoming a world leader in using information and technology to realise its economic, social, environmental, and cultural goals (Digital Strategy 2005)

The New Zealand Government recognises the need for improved telecommunication and has set targets for the telecommunications industry in New Zealand in terms of broadband accessibility and speeds. The regulations will contribute to the realisation of those targets. The regulations also have the potential to contribute to economic transformation by providing direction on technical issues, evening out inconsistencies in district plans, and increasing certainty for permitted activities relating to certain telecommunication activities.

Resource consent will continue to be required if a district plan has identified, through rules, specific values the council wishes to preserve. Rules relating to protecting trees and vegetation, historic heritage values, visual amenity values, and the coastal marine area will continue to apply and override the NES.

2.2 Other legislation

Telecommunication facilities continue to be subject to other legislation, in particular the Telecommunications Act 2001. Sections 136 and 142 of the Telecommunications Act provide telecommunications operators with a statutory right to locate telecommunication cabinets in road reserves, subject to providing the road-controlling authority with 10 working days’ notice prior to the cabinet being installed. The road-controlling authority may impose reasonable conditions in accordance with specified criteria in section 119 of the Telecommunications Act. This process is given effect to via the council road-opening notice procedures that are undertaken prior to a cabinet or underground apparatus being installed.

The application to the road-controlling authority is for a road-opening notice. It is required by any person or organisation for:

• any activity that will alter or cause to be altered the surface of any part of the road reserve, including, but not limited, to excavating, drilling and resurfacing
• the placement of any pipe, duct, pole, cabinet or other structure below, on or above the road reserve.

Conditions of the road-opening notice should only refer to matters of traffic and pedestrian safety at the time of the installation and operation of the proposed works. Conditions should not extend to visual amenity or other matters covered under the RMA. However, matters of amenity in the road reserve should be considered by utility operators in accordance with the New Zealand Utilities Advisory Group (NZUAG) National Code.² This code seeks to achieve a nationally consistent approach to the management of, and access to, road corridors.