5G and the Acts of Parliament
Wendy Pond made this Official Information request to Department of the Prime Minister and Cabinet
Currently waiting for a response from Department of the Prime Minister and Cabinet, they must respond promptly and normally no later than (details and exceptions).
From: Wendy Pond
Dear Department of the Prime Minister and Cabinet,
The Telecommunications Act 2001 Version as at 23 December 2023 states, s3 Purpose (2) To avoid doubt, nothing in subsection (1) or in any other provision of this Act limits the Resource Management Act 1991.
Please note my questions address Acts and not regulations or national standards.
Where in the parliamentary Acts of NZ government is provision made for small cell phased array technology (“5G” cell phone technology) to be installed in areas zoned residential without those residents who are likely to be impacted being provided with opportunity to have their concerns taken into account? Please document your response.
AND
In the period 2022-2024 did the parliamentary Acts of NZ government permit the installation of small cell phased array technology (“5G” cell phone technology) without the questions and considered concerns of residents being addressed and taken into account ? Please document your response.
Yours faithfully,
Wendy Pond
From: Information [DPMC]
Department of the Prime Minister and Cabinet
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From: Information [DPMC]
Department of the Prime Minister and Cabinet
[UNCLASSIFIED]
Kia ora,
Thank you for your request under the Official Information Act 1982 (OIA)
received on 3rd December 2024, copied below. We will respond to your
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Ngâ mihi,
Ministerial Coordinator
Ministerial Services
Strategy, Governance and Engagement
Department of the Prime Minister and Cabinet
E [DPMC request email]
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Alex Harris left an annotation ()
That would be part 5, subpart 1 of the RMA, which establishes the legal framework for national environmental standards and their interaction with local plans, and section 87A(1), which states that a permitted activity does not need a resource consent (and therefore does not need notification or consultation). While the actual sections have been amended, this basic scheme has been the law since the RMA was passed in 1991.
The actual rules you need are in sections 11,55, and 13 of the Resource Management (National Environmental Standards for Telecommunication Facilities) Regulations 2016. If a telecommunications provider complies with the standards, then installing a 5G tower is a permitted activity.
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