New Zealand Legislation: Acts
Acts are laws made by Parliament
Reprint as at 30 November 2011
| Public Act | 2001 No 103 |
| Date of assent | 19 December 2001 |
| Commencement | see section 2 |
Changes authorised by section 17C of the Acts and Regulations Publication Act 1989 have been made in this reprint.
A general outline of these changes is set out in the notes at the end of this reprint, together with other explanatory material about this reprint.
This Act is administered by the Ministry of Economic Development.
7 Telecommunications access codes
Telecommunications Commissioner
9 Appointment of Telecommunications Commissioner
9A Functions of Commission in relation to sector monitoring and information dissemination
10 Performance of Commission's functions
12 Levy for first financial year or part financial year
13 Minister must consult before making recommendation under section 11(3) or section 12(4)
Application of Commerce Act 1986
15 Application of Commerce Act 1986 and Crown Entities Act 2004
16 Application of section 98A of Commerce Act 1986
17 Telecommunications Commissioner to consent to delegation of some functions and powers of Commission
Part 2
Designated services and specified services
19 Commission and Minister must consider purpose set out in section 18 and additional matters
19A Commission to have regard to economic policies of Government
Subpart 2—Determinations for designated access services and specified services
21 When application must be treated as application for pricing review determination
22 When application may not be made
22A Effect of application on existing agreement for supply of designated access service or specified service
23 Requirements for application
24 Commission must notify parties
25 Commission must decide whether to investigate
26 Consultation or conferences
27 Preparation of determination
28 When determination must be prepared
29 Requirements for determination
30 Matters to be included in determination
Subpart 2A—Standard terms determinations for designated access services and specified services
Standard terms development process
30C When standard terms development process may be initiated
30D Commission must give public notice if Commission initiates standard terms development process
30E Commission must conduct scoping workshop
30F Call for standard terms proposal
30G Requirements for standard terms proposal
30H Failure to submit standard terms proposal
30I Receipt of standard terms proposal
30J Requirement for submissions
Draft standard terms determination
30K Draft standard terms determination
30L Consultation or conferences
30M Standard terms determination
30N Commission's discretion to determine how standard terms determination is to be prepared
30O Matters to be included in standard terms determination: general
30P Additional matters to be included in standard terms determination for designated access service
30Q Standard terms determination not to include expiry date
30R Review of standard terms determination
Application of standard terms determination
30S Application of standard terms determination
30T Effect of standard terms determination on determination made under section 27
30U Purpose of residual terms determination
30V Application for residual terms determination
30W When application may not be made
30X Requirements for application
30Y Commission must notify parties
30Z Commission must decide whether to investigate
30ZA Consultation or conferences
30ZB Preparation of residual terms determination
30ZC Requirements for residual terms determination
30ZD Matters to be included in residual terms determination
Subpart 3—Determinations for designated multinetwork services
Commission may initiate process for designated multinetwork service determination on own initiative
31AA Commission may initiate process for designated multinetwork service determination on own initiative
32 When application may not be made
33 Requirements for application
34 Commission must notify parties
35 Commission must decide whether to investigate
37 Matters to be included in draft determination
38 Consultation, conferences, or public hearing
40 Matters to be included in determination
41 Determinations not invalid for certain failures
Subpart 4—Pricing review determinations for designated access services
43 Requirements for application
44 Commission's requirements on receiving application
45 Access provider to calculate price on request
47 Draft pricing review determination
48 Requirements for draft determination
49 Matters to be included in draft determination
50 Consultation or conferences
51 Pricing review determination
52 Matters to be included in determination
Subpart 5—Supplementary provisions for all determinations
53 Procedure for determinations
57 Enforcing directions given under section 55 or section 56(2)
58 Clarification of determination
59 Reconsideration of determination
60 Appeals from certain determinations under Part 2
61 Enforcing determinations of Commission [Repealed]
63 Application of Commerce Act 1986
Subpart 6—Matters relating to regulation-making powers for designated services and specified services
64 Mandatory review of local loop unbundling and access to, and interconnection with, Telecom's fixed PDN [Repealed]
65 Expiry of designated services and specified services [Repealed]
66 Alterations to Part 2 or Part 3 of Schedule 1
67 Alterations to clauses 1 to 6 of Schedule 1
68 Minister's recommendation subject to procedure in Schedule 3
68A Application of Schedule 3A
Part 2A
Structural separation of Telecom
Subpart 1—Preliminary provisions
Subpart 2—Monitoring of shared assets, services, and systems
69E Requirements for sharing arrangements
69F Commission must be notified of proposed and final sharing arrangements
69G Obligation to collect and retain information for monitoring purposes
69H Commission's monitoring, investigation, and enforcement powers
69I Commission may give non-compliance notice
69J Process for responding to non-compliance notice
69K Commission may decide on appropriate enforcement action if non-compliance persists
69L Application of pecuniary penalty provisions
69M Injunction may be granted by High Court
69N Minister may grant exemption from application of subpart
Subpart 3—Line of business restrictions
69O No participation in supply of retail services
69P Register of non-retail users
69Q Variations to, and removals from, register
69T Enforcement of breaches of sections 69O and 69S
69U Application of line of business restrictions to related parties of Chorus
69V Injunctions may be granted by High Court for certain contraventions
Subpart 4—Undertakings by Chorus
69XB Requirements for undertakings by Chorus relating to supply of certain wholesale telecommunications services
69XC Implementation of Chorus undertakings
69XD Chorus must publish Chorus undertakings
69XE Variation of Chorus undertakings
69XF Termination of Chorus undertakings
69XG Enforcement of Chorus undertakings
69XH Application of Public Works Act 1981
Resource Management Act 1991 issues
69XI Requiring authority status under Resource Management Act 1991
69XJ Designations under Resource Management Act 1991
69XK Certain restrictive covenants
Government Superannuation Fund Act 1956
69XL Protection of existing members of Government Superannuation Fund
Subpart 6—Taxation consequences of structural separation
69XM Interpretation in this subpart
69XP Tax effect of distribution of ChorusCo shares
69XQ Goods and Services Tax Act 1985
69XS Expenditure or loss incurred, and amounts derived
69XU Unpaid employment expenditure
69XV Vesting of designated assets and liabilities
69XY Finance leases: financial arrangements rules
69XZ Approved issuer levy and administrative status
Part 2B
Information disclosure requirements
69ZB Accounting separation of Telecom [Repealed]
69ZC Information disclosure by all access providers
69ZD Miscellaneous provisions relating to Commission's information disclosure requirements
69ZE Publication of Commission's information disclosure requirements
69ZF Information to be supplied to Commission
69ZG Commission to publish summaries
69ZH Reasonable charge may be imposed for providing copies of statements
Part 3
Telecommunications service obligations
70 Declaration of TSO instruments
71A TSO instrument may specify total amount payable by the Crown
72 New KSO does not alter or revoke constitution of Telecom [Repealed]
73 When KSO part of original KSO ceases to have effect [Repealed]
74 Compliance with TSO instrument
75 Variation of TSO instrument
76 When instrument ceases to be TSO instrument
77 Notification of TSO instrument
78 Application of Commerce Act 1986
79 When 2 or more bodies corporate must be treated as 1 person
Subpart 2—Amounts payable by liable persons to the Crown
Annual procedure for determining amounts payable by liable persons to the Crown
Requirement to produce certain information
[Repealed]
81 Subpart does not apply to certain liable persons
82 Liable persons must produce information on qualified revenue
[Repealed]
83 Liable persons must produce information for purposes of liability allocation determination
84 Commission to prepare draft liability allocation determination
Amount of revenue received by liable persons in relation to TSO instrument
[Repealed]
85 Matters to be included in draft liability allocation determination
[Repealed]
86 Conferences on draft liability allocation determination
TSO cost allocation determination
[Repealed]
87 Commission to prepare final liability allocation determination
88 Matters to be included in final liability allocation determination
89 Payment by liable persons to the Crown
90 Crown use of telecommunications development levy
91 Commission must notify final liability allocation determination before notifying TSO cost calculation determination
TSO cost calculation determination
[Repealed]
92 Annual telecommunications development levy may be reduced by Order in Council
Subpart 2A—TSO charges payable by the Crown
93 Assessment of compliance with TSO instrument
93A Matters to be included in draft TSO cost calculation determination [Repealed]
93B Conferences on draft TSO cost calculation determination [Repealed]
93C Commission to prepare final TSO cost calculation determination [Repealed]
93D Requirements for final TSO cost calculation determination [Repealed]
93E Matters to be included in final TSO cost calculation determination [Repealed]
Calculation of amount payable by liable person
[Repealed]
93F Calculation of amount payable by liable person [Repealed]
TSO provider may request TSO cost calculation determination
94 TSO provider under TSO instrument without specified amount may request TSO cost calculation determination
Calculation of amount payable by TSO provider
[Repealed]
94A TSO provider who requests TSO cost calculation determination liable for costs in certain circumstances
94B Withdrawal of request for TSO cost calculation determination
94C TSO charges deemed to be zero if TSO provider does not request TSO cost calculation determination
Annual procedure for determining TSO charges payable by the Crown
94D Calculations of net cost and auditor's report must be given to Commission
94E Considerations for determining net cost
94EA Calculations of net revenue and auditor's report must be given to Commission
94EB Considerations for determining net revenue
94F Commission to prepare draft TSO cost calculation determination
94G Matters to be included in draft TSO cost calculation determination
94H Requirements for draft TSO cost calculation determination
94I Conferences on draft TSO cost calculation determination
94J Commission to prepare final TSO cost calculation determination
94K Matters to be included in final TSO cost calculation determination
94L Payment by the Crown to TSO provider
Subpart 3—Remedies and miscellaneous
95 Application of sections 96 to 98 to TSO instruments that are company constitutions [Repealed]
96 Power of court to grant relief in respect of TSO instrument
97 Court must take public interest into account
98 Certain matters not to prevent making of order under section 96
99 Amounts identifying particular TSOs in invoices not permitted [Repealed]
100 Right of appeal to High Court
100A Procedure for determinations
100B Commission must include information about deemed TSO instrument in TSO cost calculation determinations
100BA Commission must include information about spending of TSO charges paid in relation to deemed TSO instrument
100C Duties of Commission in complying with sections 100B and 100BA
101A Review of local service TSO arrangements
Subpart 1—Network operators and networks generally
Declarations of network operator status
102 Persons declared to be network operators
103 Ministerial requirements for declaration
104 When declaration must be revoked
105 Declaration made or revoked by notice in Gazette
106 Operator must agree to connection to network
107 When operator must not agree to connection to network
108 When operator must not refuse to agree to connection to network
110 Actions for damages for contravention of section 106
111 Injunctions may be granted by High Court for contravention of section 106
111A Information about interconnection arrangements
112 Misuse of telephone device
113 Indecent telephone calls for pecuniary gain
114 Interception of telecommunications for authorised purposes [Repealed]
115 Offence to use or disclose certain information for unauthorised purposes [Repealed]
Subpart 2—Maintenance of networks
118 Meaning of evidence of authority
118A Notices under this subpart
119 Criteria for setting reasonable conditions
Rights of entry to land in respect of lines
120 Application to District Court
Rights of entry to land in respect of existing works and existing lines
126 Conditions of entry to land
128 Request for removal or trimming of trees
129 Application to District Court
131 Costs of removal or trimming of trees
132 Removal of trees, etc, in emergency
134 Costs of removal of trees, etc, in emergency
Lines or wireless works on roads
135 Construction or repair of lines or wireless works on roads
137 Network operator to be notified of conditions
138 Failure to notify conditions
140 Offence to not comply with any of sections 135, 136, and 139
141 Appeals by network operators to District Court
Telephone cabinets, etc, on roads
142 Construction, etc, of telephone cabinets or other similar appliances
143 Network operator to be notified of conditions
144 Failure to notify conditions
146 Offence not to comply with section 142 or section 145
147 Appeals by network operators to District Court
Local authority, etc, requiring work to be done
147A Local authority, etc, may require lines, etc, to be moved
147B Cost of work required under section 147A
147C Relationship with section 54 of Government Roading Powers Act 1989
148 Alteration to line or wireless works on road requested by owner
149 Lines must not interfere with public traffic
150 Lines over navigable waters
151 Network operator must avoid interference with traffic
152 Offence to contravene any of sections 149 to 151
153 Charging for access to road reserve
155 Protection of existing works
Subpart 3—Access to multi-unit complexes to which fibre-to-the-premises is to be deployed
Statutory right of access to multi-unit complexes
155C Nature of statutory right of access to multi-unit complexes
155D Preconditions before statutory right of access to multi-unit complexes may be exercised
155E How statutory right of access to multi-unit complex must be exercised
155F Requirements in respect of preliminary notice
155G Opting out of providing access under subpart
155H Requirements in respect of second notice
155I Access orders from District Court
155K Approval and status of Code
155L Compliance with rules and binding settlements
155M Offence to fail to comply with District Court order
156 Notices to be in writing [Repealed]
Part 4AA
Services provided using networks developed with Crown funding: Undertakings regime and Commerce Act 1986 authorisations
Subpart 1—Preliminary provisions
Subpart 2—Undertakings relating to networks developed with Crown funding as part of UFB initiative
156AD Main requirements for undertakings
156AE Minister may determine further requirements for undertakings
156AF Minister must issue and consult on draft determination
156AG Procedural requirements for determination
Process for submission and consideration of undertakings
156AH LFC must submit undertaking for approval by Minister
156AI Minister may approve or decline undertaking
Implementation of undertakings
156AJ Implementation of undertaking
156AK LFC must publish undertaking
Variation and termination of undertakings
156AL Variation of undertaking
156AM Procedure for variation of undertaking
156AN Clarification of undertaking
156AO Termination of undertaking
Effect of undertakings in relation to unbundling of certain services
156AP Commission may not recommend or investigate unbundling of point-to-multipoint layer 1 services
156AQ Enforcement and remedies under Part 4A
156AR Power of court to grant relief in respect of undertakings
156AS Interrelationship of remedies
Subpart 3—Information disclosure by LFCs with undertakings
156AU Commission must require disclosure by LFCs
156AV Further powers of Commission relating to information disclosure
156AW Commission may publish reports, etc, on information collected
Subpart 4—Undertakings relating to networks developed with Crown funding as part of Rural Broadband Initiative
156AX Interpretation of this subpart
156AY Requirements for undertakings under this subpart
156AZ Application of provisions in subpart 1
Subpart 5—Commerce Act 1986 authorisations in respect of Rural Broadband Initiative
156AZA Restrictive trade practices authorisations in respect of Telecom and Vodafone participation in Rural Broadband Initiative
Subpart 6—Commerce Act 1986 authorisations in respect of Ultra-fast Broadband Initiative
156AZB Interpretation for this subpart
156AZC Restrictive trade practices authorisations in respect of participation in Ultra-fast Broadband Initiative
156AZD Business acquisition authorisations in respect of participation in Ultra-fast Broadband Initiative
Subpart 1—Enforcement of statutory and regulatory provisions
156A Application of section 156B
156B Enforcement actions that Commission may take
156C Matters that Commission must take into account in deciding what enforcement action to take
156D Civil infringement notice
156E Objection to civil infringement notice
156F Commission must consider objection
156G Effect of withdrawal of civil infringement notice
156H Consequence of not paying pecuniary penalty specified in civil infringement notice
156K Commission may publish information about issue of civil infringement notice
156M Further penalty may be imposed for continuing breach
Subpart 2—Enforcement of determinations, approved codes, and undertakings
156O Complaints of breach of enforceable matter
156P Enforcement by High Court
156Q Remedies for breach of enforceable matter
156R Limit on amount of pecuniary penalty
157AA Minister must review regulatory framework
159 Certain provisions in 1987 Act repealed
160 Transitional provision for declarations made under section 2A of 1987 Act
161 Transitional provision relating to repeal of section 5C of 1987 Act
Schedule 1
Designated services and specified services
Schedule 2
Telecommunications access codes
Schedule 3
Procedure for altering regulated services
Schedule 3B
Annual telecommunications development levy
Telecommunications Amendment Act (No 2) 2006
Infrastructure (Amendments Relating to Utilities Access) Act 2010
Telecommunications (TSO, Broadband, and Other Matters) Amendment Act 2011
