Background
Community engagement on new wireless telecommunications facilities is governed by the Resource Management Act (RMA) and the relevant district plans of local authorities. However, there is an expectation from some communities and local authorities that additional engagement should be carried out, even when it is not required under the district plan e.g. when a new wireless telecommunications facility is a permitted activity. A gap was identified between what level of community engagement is prescribed through RMA processes and where the real expectations of communities and local authorities may lie.
While some wireless network operators have established practices in relation to community engagement for new wireless telecommunications facilities, there is no uniformity in how such engagement is undertaken, or clearly stated standards as to when it is required and what information should be made available. By developing a set of consistent standards it allows the industry to set clear expectations with communities, Councils and Central Government in setting out how wireless operators will approach these issues, notwithstanding any obligations and rights they currently have under the RMA and the relevant district plan rules.
A set of Community Engagement Guidelines have been developed by the TCF to help wireless network operators standardise their approach to engaging with these communities, and assist with addressing these concerns through the timely provision of information regarding the location of wireless facilities.
Community Engagement Guidelines
The Community Engagement Guidelines were endorsed by the TCF Board on 6 November 2009. The purpose of these Guidelines are to:
- Standardise and enhance the approach taken by wireless network operators when engaging with those members of the public that live in areas that are zoned and occupied for primarily residential purposes, and managers of public facilities, that are adjacent or near the location of new or upgraded wireless facilities.
- Ensure that the public are provided with accurate information regarding wireless facilities.
- Assist wireless network operators to communicate effectively with interested parties regarding the location of new or upgraded wireless facilities.
Key Points about the Guidelines
These Guidelines cover:
- Those circumstances in which wireless network operators should engage with members of the public;
- The nature and form of that engagement; and
- The timing of such engagement.
These Guidelines do not:
- Replace or supersede any requirement for engagement that wireless network operators may have as a result of the provisions of any Council District Plan, the Resource Management Act, or the National Environmental Standards.
- Require any changes to, or cessation of, the construction of any wireless facility as a result of community engagement, though a wireless network operator may decide to do so, at their discretion.
Over 50 submissions were received on the draft Guidelines. Below is a summary of the key themes raised in these submissions, how the TCF responded to these, and what changes were made to the Guidelines as a result.
Summary of Key Themes Raised in the Submissions Received
Timing and Nature of Engagement
A number of submitters commented on the original proposal which proposed three levels of engagement. The first level did not allow for engagement prior to construction, and only the third level involved engagement with those in the relevant community prior to obtaining council approvals.
As a result of numerous suggestions in the submissions received, the working party substantially increased the level of engagement prescribed by the Guidelines. The final version recently approved by the TCF has been refined to only having two levels of engagement:
- Level One: When an existing Wireless Telecommunications Facility is being upgraded (as per the definition in the Guidelines), engagement will occur 20 working days prior to construction.
- Level Two: When the Wireless Telecommunications Facility is new, engagement will occur prior to lodgement with the relevant Council of any consents, approvals or permissions required to locate the site at this location; and again 10 working days prior to construction.
The Guidelines now also state that operators should include in this engagement:
- An explanation of the rationale used to select the location of a Wireless Telecommunications Facility.
- Under Level Two, an explanation of the type of consent, permission or authorisation that will be sought.
Consistency of Language and Terminology
As a result of feedback received, particularly from Territorial Authorities, the definitions and terms used throughout the Guidelines were reviewed and amended to make definitions within the Guidelines more consistent with other documents, such as the National Environmental Standard and the Resource Management Act.
The Principles
The “Principles” section of the Guidelines was also substantially amended as a result of the submissions made. These changes streamlined and clarified the principles to make them more relevant to the scope and purpose of these Guidelines.
Comments on the New Zealand Standard for Radiofrequency fields; National Environmental Standards for Telecommunications Facilities; Resource Management Act
Many submitters expressed their opinion concerning the inadequacy of aspects of the regulatory framework for locating Wireless Telecommunications Facilities. Examples of these opinions are that the levels in the New Zealand Standard for Radiofrequency fields are set too high; or that Council District Plans, the Resource Management Act or the National Environmental Standards do not sufficiently allow for community engagement or participation in the decision making process.
These matters lie outside the scope of the Guidelines for community engagement and therefore could not be given consideration by the TCF in its review of the submissions received. The Guidelines have been designed to work alongside and augment the existing regulatory frameworks. The Guidelines cannot legally effect statutory or district plan changes.
Location of Wireless Telecommunications Facilities
Submissions were received that argued that due to the perceived risk of negative health impacts, operators should not build Wireless Telecommunications Facilities near public or residential areas, or near any public facilities. Submitters argued for “exclusion zones” ranging from 100 metres to over five kilometres.
The TCF felt that consideration of concepts such as “exclusion zones” were beyond the scope and authority of these Guidelines. It is the role of the relevant Territorial or Unitary Authority to specify appropriate land use and activities via the District Planning process. However we note that such an approach would be at odds with the Resource Management Acts effects based approach. The TCF also notes that such concepts would make it difficult, if not impossible, to design a correctly functioning wireless network, particularly in urban areas. Furthermore, the notion is inconsistent with the principles of efficient wireless network design where sites are located as close as possible to users to minimise power output and radio frequency emissions from both the site and the devices using the site. Finally the notion has no scientific backing and therefore is inconsistent with World Health Organisation guidance that all consideration of effects should be based on scientific study. Accordingly, such limitations were not included in the final version of the Guidelines.
Emerging Research on the Impact of Wireless Telecommunications Sites
Submissions were received that highlighted pieces of research that alleged various negative impacts of mobile phones upon the health and wellbeing of the public. The majority of these submissions asked the TCF to ban the construction of further Wireless Telecommunications Facilities.
The TCF does not have a position on the relevance or applicability of this research, and considers matters such as these to be out-of-scope of these Guidelines. The TCF continues to encourage operators to monitor the latest research undertaken in this area, and to continue to follow the advice of the Ministry of Health, the Ministry for the Environment and the World Health Organisation. The TCF has built into the Guidelines a requirement for operators to refer members of the public to sources of information that are recognised by the national and international public health authorities as part of the community engagement process.
Working Party Members
The working party members are:
- Kordia
- Telecom
- Vodafone
- Woosh