Utilities operators create headache for councils

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13 November 2001

UTILITIES OPERATORS CREATE HEADACHE FOR COUNCILS

LGNZ Media Release

Utilities operators create headache for councils
Councils need tighter controls over utility operators to reduce the amount of times the roading corridor is being dug up, traffic is held up and roads are inadequately repaired.

Councils need tighter controls over utility operators to reduce the amount of times the roading corridor is being dug up, traffic is held up and roads are inadequately repaired.
At the moment legislation controlling the rights and responsibilities of utility operators and road controlling authorities are inconsistent and contradictory. Councils believe that current legislation does not provide adequate opportunity to resolve the competing interests of users of the roading corridor.
Councils want to have clearer responsibility for coordinating all activities taking place in the roading corridor. They want network utility operators to have an obligation to cooperate when undertaking activities in the corridor, says Local Government New Zealand Environment and Infrastructure Strategy Leader John Hutchings.

"The problem some councils are facing is that operators may occupy as much of the road space as possible to exclude future competitors. They may not bear the full costs of disruption to road users, pedestrians, surrounding businesses or other utility operations, and they may not face up to the financial consequences of the reduction in road asset life caused by road openings."

John says network utility operators need to cooperate and combine services with other operators. This includes sharing trenches and ducts and carrying out works in a manner that minimises the frequency of disruption to people and that extends the road life.

The number of network utility operators using the roading corridor has multiplied annually.

John says that councils are the first to recognise the community benefits that arise from accessible and low cost access to utility services. However, "as of right" access to the roading corridor, by utility operators, may no longer be appropriate.

The requirements of the Gas and Electricity Acts are not consistent with those of the Telecommunications Act. There is also a lack of clarity on some issues. The main issue that needs to be clarified is what constitutes a "reasonable condition" that may be imposed by a road controlling authority when attempting to manage the effects of the utility operator.

To address council concerns The Utilities Advisory Group (established by the Road Controlling Authority) recommended that a number of initiatives be adopted. The group has backed the convening of a conference in early 2002 at which expert papers would be presented and consultation encouraged around managing utility use of the roading corridor. This conference would be jointly organised by Local Government New Zealand and the New Zealand Water and Waste Association. The Group provides a platform to enable shared issues to be discussed and actions to be taken to resolve these issues.

John says that some councils have developed codes of practice for streetworks. However, the standards throughout New Zealand are inconsistent.

One of the first actions to be supported by the Utilities Advisory Group is that of preparing a common Streetworks Code of Practice that is of value to all councils.

Local Government New Zealand has also been seeking endorsements and nominations for a proposed local government working party and a Standards New Zealand Technical Committee.

A submission in August, on the Telecommunications Bill, from Local Government New Zealand and councils proposed amendments to the Bill. A central focus of the submission was to create a better definition of what constitutes a "reasonable condition" for use of the roading corridor by utility operators.