• Havelock North residents vow to continue fight against Spark cell tower

Havelock North residents vow to continue fight against Spark cell tower

When a controversial Spark cell tower is switched on this weekend, residents say it won't be the end of the story in what has become a lengthy battle. 

The 4G cell tower, outside a residential property on the corner of Te Mata Rd and Durham Dr, first drew criticism from residents in September 2019, when they say work began without consultation from the network provider.

Nine days after work resumed last week, the 13.5m streetlight and antenna was installed, and under the watchful eye of a security guard. 

A Spark spokeswoman said work is "tracking well thus far" and they expect the new service to be available for customers by the weekend after power and backhaul (the physical cable that connects the tower back into the network) are installed, and testing is completed. 

But Stephen Fookes, whose house directly backs the tower, says they are in it for the long haul. 

"If they carry on building, that's their prerogative, but at the end of the day, we're not going to stop and say, well, that's the end of the story. There's a heck of a lot more water to go under the bridge yet." 

While some are concerned about the tower's impact on people's health, and property values, Mr Fookes says the core group of residents have issues with the "tactics that have been employed by Spark without consideration of the impact on residents".

He says they have received "a lot of support" from people all over the country "who are concerned that this is a precedent-setting process that is not necessarily good for anyone". 

"What we want to do is see is fairness to residents and fairness to people that this sort of thing doesn't happen again. And if they can do it on this site, they can do it anywhere in New Zealand." 

However, Spark says they have been in communication with the concerned residents for approximately two years and have "worked hard to try and reach a compromise that was agreeable to everyone". 

"Prior to commencing the build, we sent notification of our site plans to nearby residences in March and April of 2019, including notification to the real estate agent who was selling the house the site is located outside of when notifications were taking place."

The spokeswoman says they did not hear from residents until they began building the tower in September 2019." 

"While we were always permitted to build the site under the NESTF (National Environmental Standards for Telecommunications Facilities), we have met with residents on three occasions and engaged in regular email exchanges and phone calls to answer all questions and try to resolve their concerns.

"Based on concerns regarding the aesthetics of the tower, we have invested in a more discreet, higher cost site solution. We have also investigated several alternative locations that were suggested by residents and Hastings District Council. Unfortunately, we were unable to identify an alternative location that would improve coverage where it needs to unless it is built near another residential address."

She says the site is permitted activity, provided specified standards are met, under the NESTF (National Environmental Standards for Telecommunications Facilities), a planning framework that ensures national consistency in the rules surrounding the deployment of telecommunications infrastructure across the country.

"We are confident our design meets all requirements and have received a certificate of compliance from Hastings District Council, which confirms this."

Another resident, who Hawke's Bay App agreed not to name, said the opposing group has never been against new technology, just the placement of the tower.

"What many of us are looking for is clarity for the future. The legislation is poor and the capabilities these towers have and the impact they have, have not been tested. This sets the precedent for these providers to place cell towers in totally inappropriate areas. Spark has not been transparent or accomodating for what could have been a far more reasonable outcome for all." 

“We acknowledge that these towers are a part of life and required in order to have good coverage. It is not about no towers it is about placing them appropriately, would you want it outside your front door." 

She noted a 2degrees tower had already been installed beside a kindergarten on Te Mata Rd, "that is able to provide the services spark seek to accommodate".

"They have said many times the need for the tower was to provide these services to the community however it is clear they seek to just have their own tower here in order to line their pockets. This is a historic behaviour from telecommunication providers to gain a monopoly on an advancing sector."

"It is my understanding that the Ministry of Education also protects these towers being placed around schools. Spark has outlined that this is a permitted activity and this is not disputed but we do not agree that there is not a responsibility from council or spark to provide services and carry out town planning in a far more appropriate way." 

She says normally any town planning responsibilities fall onto the council but with current legislation, Spark is able to override.

"Telecommunication providers have rights far greater than other businesses that ultimately share the same motivation of profit maximising. There is just so much arbitrary legislation. For example, a tower in a rural setting must be placed 50m from a house whereas this does not apply in urban developments suggesting the use of these towers in urban development is just not usual or appropriate." 

She was also concerned with the comments from Spark suggesting the "group advocating for a resolution to the tower are violent". 

"This is simply a false claim and detrimental to the reputation of those in the working group who have worked closely with the council and others in an appropriate and accomodating manner.

"Violence from this group is not the case and seems like a desperate tactic to justify their work being completed when for the past two years residents have been advocating their own rights in a totally passive and appropriate way. It is a shame that one incident separate to the individuals within the active working group is having the impact on such a larger group." 

In 2019, violence broke out between a contractor carrying out installation works and the adult son of a resident who had been protesting against the cell tower. Mr Fookes fence was damaged as a result. 

Spark says given this history, and their health and safety obligations as an employer, they wanted to do "everything possible to ensure the safety of our people and contractors working at the site, as well as members of the community".

"We therefore have additional measures in place which include working with our contractor to provide site controllers with de-escalation training as a precautionary measure only. We have never called the residents violent."

Local Havelock North business owner, Monique Buurmans, said her business, Monique Driving You, which provides transport services to many vulnerable members of the community, is being impacted by a
degraded mobile service.

“Half of the time, my colleague and I are on the road and rely entirely on our mobiles to receive transport bookings.

"We’re having calls drop out about 50 per cent of the time when we’re in the area, causing us to end up in a voicemail loop with our callers. Other times they’re calling from a hospital or medical practice, so we don’t know who they are, and we have to hope they call back rather than booking with another transport provider.” 

She said the issues had gradually gotten worse since the country first went into lockdown early last year. "It has become hugely stressful." 

While she could see "both sides," from a business perspective, she said she was relieved the cell tower had gone ahead. 

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