144 Telecommunications Act 2005 2005, No.20 (5) The provisions of the Taking of Land Act 1964 shall apply to this section with such adaptations and modifications as necessary. 67. Access to Customary Land and Facilities-(1) Where a service provider: (a) requires access to customary land or facilities located on customary land to provide telecommunications services, and (b) cannot, on commercially reasonable terms, reach an agreement with the person responsible for the customary land or facilities, the service provider may apply to the Regulator for assistance either in reaching an agreement with the person responsible for the customary land or facilities or for the exercise of other powers to obtain the desired access. (2) Upon receipt of an application for assistance in accordance with subsection (1), the Regulator shall take the steps the Regulator deems necessary to mediate between the concerned parties. (3) If the Regulator‟s mediation under subsection (2) fails to produce an agreement between the parties involved: (a) the matter may be submitted by the Regulator or a party to the Ministry of Natural Resources and Environment or the Land and Titles Court for resolution under this Act or the Alienation of Customary Land Act 1965 or the Taking of Land Act 1964, or other Acts and procedures dealing with customary land; (b) if the matter is dealt with under paragraph (a), the Regulator may provide such reasonable assistance the Regulator deems necessary as part of the process of dealing with the customary land, including the madding of an order certifying whether the purpose for which the land or facilities is required is a public purpose under the Taking of Land Act 1964; and

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