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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