64 (2) If negotiations and mediation have been attempted in good faith by the licensee and the land owner or occupier but fail, the licensee may apply to a Judge of the High Court for an order to access land for the purpose of constructing, maintaining or operating any telecommunications facility. (3) The licensee must give the owner and the occupier of the land at least 10 working days’ notice of the licensee’s intention to apply to a Judge of the High Court under subsection (1). (4) If the Judge is satisfied that the requirements set out in section 57(1) have been met, it may make an order authorising the licensee to enter the land at reasonable times for the purpose of construction, maintenance or operation of the telecommunications facility. Requirements for a-court order 57.—(1) The requirements that must be met for the making of a court order are as follows— {a) theconstruction, maintenance or operation of the facility is necessary for the purpose of telecommunications; and (b) no practical or commercially reasonable alternative route or location exists. (2) In considering the application in section 56(2) or 58(3), the Judge shall take into account the following considerations— (a) (b) the necessity of access by the licensee; the promotion of co-location where technically feasible; (e) whether or not the licensee has sought the mediation of the Authority in accordance with section 56(1)(a); (ce) (d) (f the historical, environmental and health implications of that access; the terms of compensation offered by the licensee to the owner or occupier; and the objectives in section 3. (3) Before exercising any powers authorised by an order made under section 56(4), the licensee must serve the order on the owner and the occupier of the land to which the order relates. Access to State lands and properties 58.—(1) A licensee may apply to the Authority for assistance where it cannot on commercially reasonable terms— (a) obtain consent of the government authority having jurisdiction over State land or State facility to construct, maintain or operate any telecommunications facility; (b) {c) gain access to the pole, duct, tower or other supporting structure of a telecommunications, electrical power or other utility transmission system constructed on State land or a State facility that is owned or controlled by a Ministry, department or other state entity; or obtain consent of the Director of Lands and the Ministry responsible for that State land to make changes to land, including trees, shrubs, plants or other materials that interfere with a telecommunications facility. {2) Upon receipt of an application for assistance under subsection (1), the Authority shall consult with the Director of Lands and the Ministry responsible for that State land and attempt to find a solution acceptable to both the licensee and the relevant Ministry, department or other state entity. (3) If a solution is not found under subsection (2), the licensee may apply to a Judge of the High Court who may make an order if the Judge is satisfied that the requirements in subsection (1) are met, taking into account the considerations in subsection (2), as well as the reasons for refusal of consent by the Dixector of Lands and the relevant Ministry, department or other state entity. (4) A licensee shall, in consultation with the Authority, agree with relevant Ministry, department, other state entity, local council and other persons or bodies on arrangements and fees related to the laying of ground