5G Cellphone Towers
What are the regulations for installing cell phone towers?
In 2016, the Government introduced the National Environmental Standard for Telecommunications Facilities \ Regulations 2016("NESTF"), made under the Resource Management Act 1991 (RMA). The NESTF provides a national planning framework that allows network operators to install a wide range of low impact telecommunications infrastructure, such as cellphone towers, in road reserves without the need to apply for resource consent, provided they meet certain conditions.
More information on NESTF standards can be found here.
What conditions need to be met for telecommunications infrastructure to get the go ahead?
They must meet specified conditions around size, location, noise and radiofrequency.
These matters are covered by the National Environmental Standard for Telecommunications Facilities \ Regulations 2016("NESTF"). In the event the activity was not permitted and a resource consent was required, Council can only consider the effects relating to the rule breach(es). Council will monitor the conditions of the resource consent to ensure ongoing compliance.
What about radiofrequency emissions?
The National Environmental Standard for Telecommunications Facilities \ Regulations 2016("NESTF") includes controls around radiofrequency emissions from cell sites.
The New Zealand exposure standard, NZS 2772.1172, is designed to limit public exposures to levels at least 50 times below those at which harm might occur. You can find out more about the standards at here.
Does Council have any control around where cell phone towers are located?
Only with regard to potential impacts to existing infrastructure.
Council must ensure the integrity of the road reserve is not impacted. Then as long as the cell phone tower meets the National Environmental Standard for Telecommunications Facilities \ Regulations 2016("NESTF") and Western Bay of Plenty District Plan restrictions around height and other issues, there is little Council can do.
Even if a resource consent is required, Council can only process the application for the location that has been applied for and has no ability to direct the telecommunications company to an alternative location.
What if the community doesn’t want it?
Under legislation, telecommunication facilities are not prohibited, so Council is legally bound to accept any application for processing.
Resource consent applications of this nature are also site-specific, and Council can only process an application for the location it is proposed. Where a resource consent is required, Council can only consider the effects relating to the rule breach(es).
How do I have a say?
The obligation to consult is on the telecommunications provider however are encouraged to consult with the community so residents can raise their concerns and have their say. Following consultation, the telecommunications provider can then weigh up if they should be looking for alternative locations. The telecommunications provider makes the final decision over location.
Please contact the company for more information on their consultation processes.
If a cell phone tower is on a public berm, do I have a say?
If it is a permitted activity, Council cannot stop cell phone towers being erected on public road reserves if they comply with National Environmental Standard for Telecommunications Facilities \ Regulations 2016("NESTF") standards and the Western Bay of Plenty District Plan.
Where a resource consent is required, Council can only consider the effects relating to the rule breaches, and has no ability to decline an application because it is located in a public road. Cell phone towers can also be built on private land if the landowner agrees.
Will a cell phone tower in my neighbourhood impact the value of my property? What can Council do about it?
We’re not in a position to assess or make comment on current or potential property values. That’s outside the scope of services Council provides.
Will more towers lead to better internet?
Unfortunately we don’t have that information. It would be best to contact the telecommunications company for more specific information.
