Land Access Reform Changes v1 - Chorus€¢ State that we are a member of the Disputes Resolution Scheme. • Advise details of how to refer to Scheme. LAND ACCESS REFORM CHANGES October

Land Access ChangesConsent videos: https://sp.chorus.co.nz/tools-and-support/consents

October 2017

LAND ACCESS REFORM CHANGES Hansa Kanji

Service Providers

https://sp.chorus.co.nz/tools-and-support/consents

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Land access reforms

• Introduction of the Telecommunications (Property Access and Other Matters) Amendment Bill, has streamlined the consent process for MDU/ROWs with the introduction of a 3-tiered regime. http://www.legislation.govt.nz/bill/government/2016/0146/latest/DLM6879711.html

• The consent category in the Network & Location Information, will be populated with one

of the following categories upon completion of the initial scope of the location (this is

based on the installation method).

• Categories are:

1. Low impact communal work (e.g. existing duct, aerial and soft surface reinstatement)

can happen as of right with 5 days’ notice (+ 5 postal days).

2. Medium impact communal work (e.g. drilling/thrusting where there is limited

reinstatement required) can happen under a “deemed consent” system, where we give

15 days’ notice and can go ahead, unless someone objects using the defined grounds

for objection (+ 5 postal days).

3. High impact communal work (e.g. extensive open trenching and reinstatement of hard

surfaces) still requires written agreement as we do today.

LAND ACCESS REFORM CHANGES October 2017

http://www.legislation.govt.nz/bill/government/2016/0146/latest/DLM6879711.html

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What does this mean for consenting


Tier Impact Installation method Consenting requirements

1 Low Installation with no lasting, substantial, physical impact on property.1. Aerial (within existing corridor)2. Existing duct3. Soft surface trenching (commonly includes grass, garden gravel)4. Surface mounting (commonly includes fences, retaining walls and kerb-sides)

Lifting and re-laying of paving stones

Can occur as of legal right by giving 5 days’ notice to all affected property owners

2 Medium Installations that have a lasting, physical impact on the property that is considered

justifiable in support of the mass market roll-out of a telecommunications network.

1. Micro / slot trenching in suitable surfaces

2. Limited amounts of hard surface work to allow for accessing ducts, entry/exit

points for drilling, thrusting and pilot holes and other small amounts of

reinstatement that are generally;

3. Surface mounting in, on and around buildings, including ancillary equipment

(ETPs, junction boxes)

4. Other work in and around builds such as;

• Installs in concealed areas (riser space / comms room etc)• access panels• Capping and cabling, walls/ceilings and common areas• Larger ancillary equipment (building distribution)• Building penetrations (interior and exterior walls and floors)

Require 15 days’ notice and can legally

proceed unless one or more of the affected

property owners formally objects in writing

(includes website)

3 High Any installation that do not fall in to either of the above two categories Written consent from all affected parties with

a share in the ownership of the affected

Property Access.

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What the regulations say about notices

Notices must be -in writing and …

Category 1:

• Be given not less than 5 working days before the service provider or network operator enters the property to carry out the

installation; and

• State when the service provider or network operator is intending to enter the property and carry out the installation; and

• Include a general explanation of what will be involved in carrying out the installation; and

• Identify any access areas that the service provider or network operator may want to use when carrying out the installation.

Category 2:

State when Chorus is intending to enter the property and carry out the installation;

• Include a general explanation of what will be involved in carrying out the installation;

• Identify any access areas Chorus may want to use when carrying out the installation;

• Set out the grounds on which an affected person may object.

• State how an affected person may object (including the time within which this must be made);

• Provide a high-level design plan which must describe or illustrate:

• where the installation method (or, if more than 1, where each installation method) is to be used on the property; and

• where the network equipment (if any) associated with that installation method is proposed to be put.

• Include additional rights/responsibilities of Body Corps.

• State that we are a member of the Disputes Resolution Scheme.

• Advise details of how to refer to Scheme.

October 2017LAND ACCESS REFORM CHANGES

PAGELAND ACCESS REFORM CHANGES

Chorus Portal Prequalification

• Consent Category

• A consent category will display once the initial scope has been completed. The category is based on the installation method required.

• Category 1 = Low impact 1

• Category 2 = Medium impact 2

• Category 3 = High impact 3

• From 1st Oct, any inflight orders in Chorus Portal requiring consents will follow the current consent process i.e. we are actively seeking consent.

• Where consent has been declined due to no response, you can submit an order which will follow the new consent category process

October 2017


Consent category 1 and 2On receipt of your order, where consent status displays Consent Required (or Consent Declined), the following

steps will be taken:

October 2017

Steps Order status

1. Initial scope undertaken to assess the installation methodNote: this is a site assessment for the consent category and not the scope as part of the ABC process

In Progress/Consent Required

2. Installation method is assessed as Category 1 or 2 In Progress/Consent Required

3. Property owners identified and notices are sent after the scope completion (approx. 11 working days):

Email/post information pack, cover letter and scope to owners. For category 2 additional information is inserted outlining objections

Category 1 = 5 days notice + 5 days postal (working days)Category 2= 15 days notice +5 days postal (working days)

Consent Category updated in Portal

In Progress/Consent Requested

Notification will also provide the Consent Category• Low impact 1• Medium impact 2

4. Category 1Approx. Day 21 (after the 10 days notice period), portal is updated. Category 1 is deemed consent given unless dispute is raised

In Progress/Consent Gained ->

In Progress/Network Build

Category 2Approx. Day 31 (after the 20 days notice period), portal is updated. Category 2 is also deemed consent given, however there are grounds for objections. Checks are made to ensure there are no upheld or pending written objection/s – see slide 12 for Grounds for objections

If there are no objections, portal is updated with new status

In Progress/Consent Gained ->

In Progress/Network Build


Consent category 3On receipt of your order, where consent status displays Consent Required (or Consent Declined), the following

steps will be taken:

October 2017

Steps Order status

1. Initial scope undertaken to assess the installation method

Note: this is a site assessment for the consent category and not the scope as part of the ABC process

In Progress/Consent Required

2. Installation method is assessed as Category 3 In Progress/Consent Required

3. Property owners identified and written letter is sent:

Email/post letter, scope and consent form to owners.

Consent Category updated in Portal

Category 3 = follows the current consent process

In Progress/Consent Requested

Notification will also provide the Consent Category:• High impact 3

4. Approx. Day 31 or as soon an outcome has reached, portal is updated In Progress/Consent GainedIn Progress/Network Build or

In Progress/Consent Declined

Order received, Consent Required

Scope undertaken, this is a site assessment for the

consent category

Consent category assessed, order status is still In

Progress/Consent Required

Notices/letters sent to owners with design

Update Portal & consent category

Status notification sent: In Progress/Consent Requested notification includes consent

category: Low impact 1, Medium impact 2 or High

impact 3

Status notification sent: In Progress/Consent Gained -> In Progress Network Build

Category 1: Approx. Day 11 Order status is updated to In Progress/Consent Requested and consent category is provided

Approx. Day 21 it is deemed consent given, order is updated In Progress/Consent Gained -> In Progress/Network Build

High level overview of consent category process


Category 2:Approx. Day 11 Order status is updated to In Progress/Consent Requested and consent category is provided

Approx. Day 31 if no objections, deemed consent given order is updated to In Progress/Consent Gained -> In Progress/Network Build

Category 3: follows the BAU consent process

Status notification – showing consent category

LAND ACCESS REFORM CHANGES

PAGELAND ACCESS REFORM CHANGES October 2017

Sub-status field Description

Consent Required Consent is required before this order can be progressed (NO CHANGE)

Consent Requested Consent has been requested. (CHANGE After the upfront Scope has been completed and the Notification OR Consent Request has been posted).

Consent Not Required It has been determined that a consent is not required for this order. (NO CHANGE)

Consent Gained Consent has been gained. (Up to 21 days (CAT 1), 30 days (CAT 2) or upon receipt of final agreed consent from affected parties the order will progress)

Consent Declined The consent request has been declined, or it was not obtained within the required time. (NO CHANGE)

Generate Quotation A quote is being generated for the order. (NO CHANGE)

Intent to Cancel Chorus has advised the intent to cancel the order and provided a reason for the cancellation. (NO CHANGE)

Amend order notification provided

Description

Consent Under Dispute Notification of Formal dispute lodged with the external resolution body. (CHANGE)

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Grounds for objection


Category 2• Ownership;

• materially negative impact on the value of the person’s property;

• the proposed installation will unreasonably impact on the person’s enjoyment of the property, or worsen

an existing problem with the property (other than by having a visual impact alone);

• the person can demonstrate that the proposed installation will impede the person’s plans for development

of the property;

• the person has an easement over the property affected and can demonstrate that the proposed

installation will have an enduring impact on the terms and conditions of that easement.

+ for Body Corporates• unacceptable disruption to the availability of telecommunications services to unit owners (during business

hours);

• there is a real likelihood the installation as designed would breach 1 or more enactments applying to the

body corporate and the property (for example, the Building Code, the Heritage New Zealand Pouhere

Taonga Act 2014, or the Health and Safety at Work Act 2015

• that the proposed installation will prevent it from meeting its existing contractual obligations and the body

corporate can provide documentation confirming this.

PAGEOctober 2017LAND ACCESS REFORM CHANGES

Example landing pages:


Disputes• The Act created a new disputes scheme to protect property owners to ensure any disputes are dealt with fairly and

efficiently.

• Utilities Dispute Ltd (UDL) has been appointed as the provider of the Broadband Property Access Dispute Scheme

(BPADS).

• In September 2017 Chorus became the first member of the scheme.

Who can use the disputes resolution process?

• The person requesting the service.

• The body corporate of a body corporate administered property.

• An affected person.

• Or Local fibre company (LFC)

What would they use it for?

• Disputes over the category of the proposed build work.

• Disagreement with Chorus’ decision about a category 2 objection.

• A belief that they have a valid reason to object to the proposed work but it has been classed as a category 1 build.

• The work has been completed but they don’t believe we’ve properly complied with the requirements under the

legislation.

October 2017

Status notification for consent in dispute

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High Level objections/disputes Process and Outcomes


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B2B: Land Access - Consent

October 2017

Touchpoint QueryProductOfferAvailabilityResponse

Elements <ProductOfferingInteractionItemDetail>

<name>Consent_Category</name>

<value>[value]</value>

</ProductOfferingInteractionItemDetail>

Data/Rules Values represent the consent category which may be:“Not Applicable”, “Low Impact 1”, “Medium Impact 2”, “High Impact 3”, “Unknown”.

Notes Addition of a new ProductOfferingInteractionItemDetail to present the consent category.

NB. Updates to these values will be delayed from when the consent is updated on the order.

Chorus Web Service B2B LAND ACCESS REFORM CHANGES

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B2B: Land Access - Consent Category Update

October 2017

Touchpoint AmendOrderNotificationNotification.type: CONSENT_REQUESTED, CONSENT_REQUIRED, CONSENT_GAINED, STATUS, CONSENT_DECLINED

Elements <NotificationItem>

<id>[n]</id>

<description>Consent Category</description>

<reference>[value]</reference>

</NotificationItem>

Data/Rules Values: “Not Applicable”, “Low Impact 1”, “Medium Impact 2”, “High Impact 3”, “Unknown”.

Notes Indicates a change has been made to the Consent Category for a location that is related to this order.


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B2B: Land Access - Consent Status Update

October 2017

Touchpoint AmendOrderNotificationNotification.type: CONSENT_REQUESTED, CONSENT_REQUIRED, CONSENT_GAINED, STATUS, CONSENT_DECLINED

Elements <NotificationItem>

<id>[n]</id>

<description>Consent Status</description>

<reference>[value]</reference>

</NotificationItem>

Data/Rules Values: “Consent Under Action”, “Consent Declined”, “Build Consent Gained”, “Existing Rights”, “Not Required”, “Unknown”, “Consent Required”

Notes Indicates a change has been made to the Consent Status for a location that is related to this order.


AppendicesCollateral your customers’ will receive

Postcard drop

Prebuild notification card

Consent Form

Collateral letters

Dispute resolution

Tech Card


Postcard drop


Prebuild notification card


Consent Form


Consent Form cont


Collateral letters


Collateral letters cont.


Collateral letters cont.

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Disputes resolution


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Lodging an Objection


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Tech Card


Documents

Land Access Reform Changes v1 - Chorus€¢ State that we are a member of the Disputes Resolution Scheme. • Advise details of how to refer to Scheme. LAND ACCESS REFORM CHANGES October