National Environmental Standards for Telecommunications Facilities

Background

With the advance of telecommunications usage over the last decade, particularly in the area of mobile phones and wireless internet, equipment required to support the usage is increasingly common on road reserves throughout the country.  Unlike the traditional copper line network, mobile telecommunications require the establishment of outdoor and above ground antennas and equipment.  Road reserves have been one of the most popular spots for placing the equipment given the existence of elevated structures such as streetlights, and the natural alignment with human traffic (and consequently demand).  A typical installation would see an existing streetlight being replaced with an identical streetlight with antennas attached towards the top, and a couple of equipment cabinets on the grass berm beside the streetlight.          

With the exception of state highways, most road reserves are controlled by territorial authorities ("TAs").  From the point of view of the TAs, there are advantages in allowing the replacement of streetlights. The TAs receive rent for the occupied spaces, and the use of these existing structures may potentially avoid the need to erect another elevated structure nearby, thereby avoiding potential adverse effects on the environment. 

On the flip side, the location and manner of placing the equipment can be a source of dispute between TAs, service providers and residents in the neighbourhood.  A TA's position on placement and design of such equipment is often dictated by multiple factors, such as district plan rules, the specification of the existing structures, the service provider's technological requirements (i.e. the height and clearance of antennas) and the attitude of nearby residents.  These factors have meant that each TA enforces its unique set of rules over the road reserves under its control. 

The Regulations

The Regulations are designed to provide a nation-wide standard for service providers in relation to telecommunications facilities on road reserves.  The main incentive for the providers is that if they meet the conditions set out in the Regulations, they can potentially avoid the often lengthy resource consent process.  For the TAs, this means reduced workload and costs in relation to processing resource consent applications.  The nation-wide standard for the location and deployment of telecommunications facilities also provides a reference point for the general public, and may reduce criticism over the location of such equipment on the road reserves. 

Scope

The Regulations have a narrow scope, with a clear focus on the use or replacement of existing utility structures that accommodate telecommunications facilities on road reserves.  The controls introduced, target the following areas:

Radiofrequency

Regulation 4 encourages service providers to operate their equipment in accordance with NZS 2772: Part 1:1999 Radiofrequency Fields Part 1 – Maximum Exposure Levels – 3kHz to 300 kHz.  Evidence of radiofrequency emissions below a set threshold and post installation monitoring is required to achieve permitted activity status under the Regulation. 

Vegetation, historic heritage, visual amenity and costal marine areas

Regulation 6 largely retains any existing protection on vegetation, historic heritage, visual amenity and costal marine areas currently afforded in the relevant district plan. 

Bulk and location of antennas and mounting structure

Regulation 7 limits height, bulk and protrusion of the structures to which telecommunications facilities are affixed.

Bulk and location of cabinets

Regulation 8 imposes controls on the bulk and location of associated equipment cabinets.  The bulk of the cabinets must come under a combination of maximum height and footprint area thresholds that alter depending on the proximity of residential land.       

Noise emission

Regulation 9 states the controls on noise emission levels from equipment cabinets.  The noise threshold varies between daytime and night-time, and the limit is higher where adjacent land is zoned non-residential.  The point at which the noise is measured varies depending on the location of any habitable room within a building on an adjacent site.  

Relationship with current district plans

The Regulations are created pursuant to section 43 of the Resource Management Act 1991.  Section 43A(4) states:

"(4) A national environmental standard that allows an activity—

(a) may state that a resource consent is not required for the activity; or
(b) may do 1 or both of the following:

(i) state that the activity is a permitted activity, but only on the terms or conditions specified in the standard; and
(ii) require compliance with the rules in a plan or proposed plan as a term or condition."

The Regulations provide for the establishment of telecommunications equipment on road reserves as permitted activities subject to meeting the conditions outlined above.  While this means some telecommunications facilities may potentially be deployed as a permitted activity, equipment which does not comply with the conditions within the Regulations will have the activity status set under Regulation 5, which in most cases reverts to the relevant district plan.  Therefore, the relevant rules of a district plan remain applicable after the Regulations come into effect, as only equipment which completely complies with the Regulations is a permitted activity.  

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Last updated: 30 September 2008

The contents of this publication are general in nature and are not intended to serve as a substitute for legal advice on a specific matter. In the absence of such advice no responsibility is accepted by Brookfields for reliance on any of the information provided in this publication.