(a) Means a device that --- (i) Receives or transmit radiocommunication or telecommunication signals; and (ii) Is operated by a network operator; and

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1 * Without prejudice * 3 February 2015 Attention: Mr Luke O Dwyer Hamilton City Council; City Planning Manager Private Bag 3010 Hamilton 3240 c/o eileen.holliday@hcc.govt.nz Dear Mr O Dwyer Operative District Plan : Policy 25.7 Network Utilities Thank you for your unofficial and undated letter ed to me today s date. I am requesting under the Official Information Act or Privacy Act (whichever applies) that you provide me with an official and dated letter on a Hamilton City Council letterhead, and that you post this to me at my address abovementioned. I must draw to your attention that while you are correct in saying that the definition of telecommunication facility refers to antenna and cabinets, the Resource Management (National Environmental Standards for Telecommunication Facilities) Regulations 2008 defines the word antenna as follows; (a) Means a device that --- (i) Receives or transmit radiocommunication or telecommunication signals; and (ii) Is operated by a network operator; and (b) Includes the mount, if there is one, for the device; and (c) Includes the shroud, if there is one, for the device. A so-called smart meter is a device that receives and transmits radiocommunication signals, and, the Resource Management (National Environmental Standards for Telecommunication Facilities) Regulations 2008 require that a network operator - as defined by the aforementioned legislation in reference to the meaning given to it by the Telecommunications Act 2001 be registered.

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3 29 December 2014 Hamilton City Council; City Environments Group Private Bag 3010 Hamilton 3240 c/o Dear Sir/Madam Operative District Plan : Policy 25.7 Network Utilities Sub-clause 1 of the abovementioned policy - titled Purpose - affirms that telecommunications, radio communications, electricity and gas networks are services and facilities that fall under the definition of network utilities provided by public and private organisations. Policy a. requires that network utilities be designed, located, installed, operated and maintained to --- ii. Avoid potential adverse effects on the health, safety and wellbeing of people and communities. Policy b. requires that network utilities generating electromagnetic emissions (EME) shall avoid locating in close proximity to sensitive land uses, including schools, children facilities, residential buildings or hospitals. So-called Smart Meters generate EME. They have been, and/or are currently being, installed and operated by electricity retailers and/or their representatives and agents at residential buildings throughout the Waikato as part of this regions electricity and gas networks services and facilities. So called Smart Meters are wireless radio communication devices. They emit electromagnetic fields (EMF). In May 2011 the World Health Organisation (WHO) and IARC (International Agency for Research on Cancer) classified radiofrequency electromagnetic fields (REF) - such as radio communication devices - as possibly carcinogenic to humans.

4 _ 2 _ We are customers of the electricity retailer Mercury Energy Limited. They have confirmed that Advanced Metering Services Limited is our MEP (Metering Equipment Provider). Advanced Metering Services act as agents for Mercury Energy Limited. They and/or Mercury Energy Limited want to install a so-called Smart Meter at our address. We have valid health related concerns around this issue and have objected to the installation of a so-called Smart Meter for this, and other, reasons. The Ministry of Business, Innovation and Employment has confirmed in a letter to me dated 17 December 2014 that Advanced Metering Services Limited is owned by Vector Limited. The latter company has been declared a network operator as defined in accordance with Section 105 of the Telecommunications Act The Resource Management (National Environmental Standards for Telecommunication Facilities) Regulations 2008 applies to the operation of a telecommunication facility that generates radiofrequency fields. The regulations interpret telecommunication facility to mean --- (a) an antenna or (b) a cabinet. So-called Smart Meters have an (internal) antenna and they are housed in a cabinet. They therefore fit within the interpretation of telecommunication facility. Under the abovementioned regulations, a network operator has the meaning given to it by Section 5 of the Telecommunications Act which is defined for the purposes of this (Telecommunications) Act but not for the purposes of the aforementioned regulations despite the reference therein and reliance on Section 5 of the Telecommunications Act to be in accordance with Section 105 of the Telecommunications Act 2001 quoted above. Also under these regulations, a telecommunication facility is a permitted activity as far as radiofrequency fields are concerned if the network operator that plans and operates the telecommunication facility complies with the following (two) conditions:- (a) That the network operator plans and operates the telecommunication facility in accordance with NZS 2772: Part 1:1999 Radiofrequency Fields Part 1- Maximum Exposure Levels 3kHz to 300GHz, and (b) That the network operator ensures that the relevant local authority receives, before the telecommunication facility becomes operational, the following: i. written or electronic notice of where the facility is or where it is proposed to be, and ii. a report that --- is prepared in accordance with NZS :1990 Radiofrequency Radiation: Part 2: Principles and Methods of Measurement 300kHz to 100GHz, and takes account of exposures arising from other telecommunication facilities in the vicinity of the facility, and predicts whether the radiofrequency field levels at places in the vicinity of the facility that are reasonably accessible to the general public will comply with NZS 2772: Part 1:1999 Radiofrequency Fields Part 1- Maximum Exposure Levels 3kHz to 300GHz.

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6 Dear RE SMART METERS REQUEST FOR INFORMATION. OPERATIVE DISTRICT PLAN: POLICY 25.7 NETWORK UTILITIES Thank you for your letter dated 29 December 2014.The City Planning Unit has been asked to respond to an LGOIMA request in relation to the installation of Smart Meters in Hamilton City Council s district. HCC understands that the technology utilised in a smart meter is not dissimilar from that used in a cell phone or other household equipment like a microwave, where the level of electromagnetic transmissions are below safe levels outlined in New Zealand and international legislation. In respect of the relevant Hamilton City District Plans; The Operative District Plan whiles not explicitly referencing Smart Meters provides for radiofrequency transmission in Hamilton as a Permitted activity (3.3.1a) providing the specific standards in 3.3.2a)i are complied with, specifically Any network utility shall not exceed the following threshold capacities...the recommended non-occupational exposure levels in NZS2772.1:1999 Radiofrequency Fields Part 1: Maximum exposure levels 3kHz -300GHz ( the New Zealand Standard ) where any member of the public can lawfully approach the facility. I further note that under ODP Policy Advisory Note refers to as part of monitoring pursuant to Section 35 of the RMA 1991 the Council may annually request written notice of the location of the facility and a report prepared by a radio engineer / technician or physical scientist confirming the NZ standard is met. The Proposed District Plan whilst not explicitly referencing, provides for Smart Meters within the definition of minor upgrading of an existing Network Utility as a permitted activity, with reference to the National Guidelines for Managing the Effects of Radiofrequency. The reference is within Chapter 25.7 Network Utilities and Electricity Transmission Corridors of the Plan, specifically Note 7 below Activity Status Table. The approaches within both the Operative District Plan and the Proposed District Plan are consistent in how radio frequency transmission is addressed. Both Plans refer to the national guidelines and standards. The District Plan and the NES TF are the appropriate places to ensure compliance with relevant New Zealand and International standards on radiofrequency and electromagnetic transmission. NZS :1999 was adopted in April The limits in the standard are based on guidelines published in 1998 by the International Commission on Non-Ionizing Radiation Protection (ICNIRP). ICNIRP is an international scientific body which has been recognised by the World Health Organisation for its expertise in this area. Their guidelines have formed the basis for many other international and national exposure standards. Following a review of more recent research, ICNIRP reaffirmed the validity of their exposure guidelines in In your letter reference was made to the National Environmental Standard for Telecommunication Facilities (2008) and your interpretation as providing for Smart Meters, through the definition of Telecommunication Facility which refers to antenna and cabinets.

7 The intent of NES s is to not repeat their content within District Plans, notwithstanding, having read the general thrust of the NES interpretation, standards and conditions which refer to cabinet siting, cabinet footprints, concrete plinths and road corridors it is my informal view that Smart Meters were not intended to be covered by the definition for Telecommunication Facility. The latter concerning itself mainly with the hard infrastructure and above ground installation, co-location, siting, design and location of equipment cabins for network utilities in (although not exclusively) the road corridor. Given the three questions within your letter are based on the premise that Smart Meters are covered within the NES TF then there is clearly a difference in opinion in how the District Plan would be applied in this respect. Notwithstanding in answer to your specific points and in terms of your Official Information Request; 1. I have now read the letter of February 2014 to you from, previous Legal Counsel and can only surmise that, was responding to you correctly in terms of the compliance with the ODP standard in a) requirement to meet NZS :1999 as opposed to the NES standards for Telecommunication Facilities which as you correctly point out refer to two conditions, the second referencing the preparation of a report in accordance with NZS : I have consulted with my colleagues in Environmental Health and as previously answered by last year they, like City Planning they are not aware of any such report being received by Vector for installation of smart meters. On this basis and as previously advised by if the document does not exist or cannot be found it cannot be provided (Section 17e of the Act). 3. Please see response in the fifth paragraph on the first page of my response. I also refer you to an NZ Electricity Authority and Ministry of Business, Innovation and Employment factsheet with regards to transmission requirements from SMART meters. The full set can be found at ea.govt.nz/consumer/factsheets. I trust the above is of some assistance however if you are unhappy with this response, you may lodge a complaint with the office of the Ombudsman in accordance with section 27 (3) LGOIMA through any of the following means: Online at info@ombudsman.pariliament.nz Fax: (04) Post to: The Ombudsman PO box Wellington 6143 Yours Sincerely, Luke O Dwyer City Planning Manager

8 From: Mary Birch To: Subject: Complaint - information request regarding Network Utilities Date: Friday, 20 February :50:38 Importance: High Dear Thank you for your . You have indicated that you believe Hamilton City Council has not responded to your information request. Specifically,... under the Official Information and/or Privacy Acts that you provide an answer as to why the Hamilton City Council is allowing companies like Vector Limited, or its agent Advanced Metering Services Limited, to plan, install and operate so-called smart meters in the Waikato region without complying with all three conditions of Section 4 of the Resource Management (National Environmental Standards for Telecommunication Facilities) Regulations 2008 (viz-a-viz sub-clauses 4(3), 4(4) and if applicable 4(5))? It was explained in my response of 20 February 2015, that Hamilton City Council does not agree that the definition of Telecommunication Facilities in section 3 of the Regulations includes Smart Meters. Therefore, Hamilton City Council does not require compliance with section 4 of the Regulations. Consequently, Vector or its agent Advanced Metering Services Limited is able to plan, install and operate smart meters without complying to all three conditions of Section 4 of the Resource Management (National Environmental Standards for Telecommunication Facilities) Regulations Hamilton City Council believes that your request was comprehensively responded to. Therefore, if you have any concerns with our response, you have the right to request an investigation and review by the Ombudsman under section 27(3) of the Local Government Official Information and Meetings Act For your information, the Ombudsman s contact details are: info@ombudsman.parliament.nz Post: PO Box 10152, Wellington 6143 Telephone: Kind regards, On Behalf of the Privacy Officer Mary Birch Team Leader Democracy DDI: mary.birch@hcc.govt.nz Hamilton City Council Private Bag 3010 Hamilton Like us on Facebook Follow us on Twitter

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10 I can confirm that the response that was sent to you by , on behalf of the Privacy Officer, by Wendy Verschaeren on 3 February 2015, was Hamilton City Council s official response to your original Official Information request of 29 December 2014, notwithstanding the fact that the attachment was not on headed paper. Hamilton City Council usually responds using the same method of delivery as the original request. Consequently, as your request was ed to Hamilton City Council, our response was ed back. However, in light of your concerns that the attachment to the response was not on headed paper, I have resent the 3 February 2015 response (as attached) to your address as requested. If you have any queries, please do not hesitate to contact me. Kind regards, On Behalf of the Privacy Officer Mary Birch Team Leader Democracy DDI: mary.birch@hcc.govt.nz Hamilton City Council Private Bag 3010 Hamilton Like us on Facebook Follow us on Twitter This and any attachments are strictly confidential and may contain privileged information. If you are not the intended recipient please delete the message and notify the sender. You should not read, copy, use, change, alter, disclose or deal in any manner whatsoever with this or its attachments without written authorisation from the originating sender. Hamilton City Council does not accept any liability whatsoever in connection with this and any attachments including in connection with computer viruses, data corruption, delay, interruption, unauthorised access or unauthorised amendment. Unless expressly stated to the contrary the content of this , or any attachment, shall not be considered as creating any binding legal obligation upon Hamilton City Council. Any views expressed in this message are those of the individual sender and may not necessarily reflect the views of Hamilton City Council. From: Sent: Tuesday, 3 February :47 PM To: Wendy Verschaeren Subject: Re: Complaint - information request regarding Network Utilities Importance: High Dear Wendy Please find self explanatory letter attached. From: Wendy Verschaeren Sent: Tuesday, February 03, :03 AM

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12 With regards to your statement that Hamilton City Council has 20 working days from receipt of your to respond to your request, I would like to advise that that, in accordance with the Local Government Official Information and Meetings Act 1987, none of the days between 25 December and 15 January inclusive are counted as working days. Consequently, the 20 working days for Hamilton City Council to provide a response to you is 13 February I would add, however, that this is the maximum timeframe. In the letter you sent to us on 29 December 2014, you did not mention that you wanted to file an application with the Environment Court and we had to provide the requested information urgently. However we are currently aware that your request is urgent, which means that Hamilton City Council s statutory requirement for responding to the request is as soon as reasonably practicable. Please be assured that we now will treat your request with the highest priority. With kind regards Wendy Wendy Verschaeren Committee Advisor Democracy DDI: wendy.verschaeren@hcc.govt.nz Hamilton City Council Private Bag 3010 Hamilton Like us on Facebook Follow us on Twitter This and any attachments are strictly confidential and may contain privileged information. If you are not the intended recipient please delete the message and notify the sender. You should not read, copy, use, change, alter, disclose or deal in any manner whatsoever with this or its attachments without written authorisation from the originating sender. Hamilton City Council does not accept any liability whatsoever in connection with this and any attachments including in connection with computer viruses, data corruption, delay, interruption, unauthorised access or unauthorised amendment. Unless expressly stated to the contrary the content of this , or any attachment, shall not be considered as creating any binding legal obligation upon Hamilton City Council. Any views expressed in this message are those of the individual sender and may not necessarily reflect the views of Hamilton City Council. From: Sent: Wednesday, 28 January :43 PM To: Wendy Verschaeren Subject: Complaint - information request Importance: High Dear Wendy I made an Official Information and/or Privacy Act requests for information in a letter dated 29 December 2014 which was ed to the H.C.C. on the aforementioned date.

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