Statement of Consultation Undertaken
Stakeholder Consultation
There has been extensive consultation on the issues. A discussion document,
approved for release by Cabinet Economic Development Committee (EDC Min (05)16/7
paragraph 3 refers) was circulated in June 2005 and discussed at five seminars
nationwide. 117 organisations were represented at the seminars and took part
in workshop discussion groups.
A total of 53 submissions were received and analysed by the Ministry. An
analysis of the submissions was completed in October 2005 and made available
to stakeholders.
The NZUAG has been consulted at key stages in the development of the proposed
policy framework. There is wide support for many aspects of the proposed framework,
especially the establishment of consistent definitions and process across all
utility statutes.
A proposal was consulted with NZUAG which would have required road controlling
authorities to develop and publish road-utility management plans with the objective
of improving the coordination of road work programmes with utility work programmes.
While this would have limited to some extent the wasteful re-work and reductions
in the quality and economic life of road surfaces that currently occur, RCAs
were concerned at the cost and resource implications. RCAs also have existing
obligations to produce road asset management plans and Long Term Council Community
Plans which overlap with the proposed requirement. On balance it was concluded
that this proposal would have significant cost impacts while not directly addressing
some of the underlying coordination issues, such as reluctance by some utility
operators to reveal their forward development plans for commercial reasons.
This proposal was therefore not adopted.
Submissions from utility providers included the proposal that the road surface
be treated in the legislation as a utility in the same way as water, gas, electricity
and telecommunications networks. Under this approach it was argued that whenever
trade-offs between roads and utilities were required the public interest should
be determined on a case by case basis, with no presumption in favour of road
uses. However, officials consider the universal free access to roads (and thus
to most properties and community facilities) is an important public good that
should be balanced against, but not be compromised by, competing uses of space
in the road corridor. This proposal was therefore not adopted.
The following table outlines significant concerns expressed during consultation,
and how they have been dealt with in the proposed policy framework.
| Policy element |
Concern |
Addressed by… |
| Expanded management powers for road controlling authorities
(RCAs) |
Utility operators are concerned that a balanced approach will
not be taken |
Proposed requirement that all utilities must be treated equally
(including those operated by the local authority); proposed requirement
that RCAs must ensure balance between roads and utilities, in the
public interest. |
| Utility operators will lose their ability to place "reasonable
conditions" on other utility operators proposing works in the road
|
Utility operators are concerned that there will not be sufficient
safeguards for their networks and installations |
A "menu" of appropriate and consistent standards and codes will
be established. The potential for anti-competitive conditions will
be removed. |
| A conditional right of utility access to rail and motorway corridors
is established |
Utility operators would prefer less fettered access to rail
and motorway corridors. Transit NZ and ONTRACK consider their statutory
transport and safety objectives will be compromised. |
Compared to the right of access to roads, the access of utility
operators to rail and motorway corridors will be subject to a more
rigorous regime of specifications and conditions, especially where
restricted space or higher risk factors apply, and access can be
ruled out. Dispute resolution processes will apply. |
| Utility providers retain rights of access to roads |
TLAs seek increased control over placement of telecommunications
facilities in road reserves |
Expanded management powers for RCAs, supported by enforceable
codes and standards. |
Government Departments / Agencies Consultation
An officials' review group (comprising Ministry of Economic Development,
Ministry of Transport, Ministry of Consumer Affairs, Department of Internal
Affairs, the Treasury, and Land Transport NZ, with the Ministry for the Environment
maintaining a watching brief) was established to ensure whole-of-government
perspectives were maintained. The Ministry of Transport (MOT) maintained contact
with ONTRACK and Transit New Zealand.
The MOT has a significant concern that the current level of fatal and serious
injuries as a result of hitting a roadside hazard is not acceptable; that there
should be a national risk management plan to reduce roadside hazards; and RCAs
and utility operators should both take responsibility for reducing these hazards.
Under the preferred option MOT officials would work with the Ministry of Economic
Development to ensure national standards and codes of practice recognise this
aim.
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