Reprint as at 28 May 2015

Coat of Arms of New Zealand

Telecommunications Act 2001

Public Act
2001 No 103
Date of assent
19 December 2001
Commencement
see section 2
Note

Changes authorised by subpart 2 of Part 2 of the Legislation Act 2012 have been made in this official reprint.

Note 4 at the end of this reprint provides a list of the amendments incorporated.

This Act is administered by the Ministry of Business, Innovation, and Employment.

Contents

1Title
2Commencement
3Purpose
4Overview
5Interpretation
6Public notice
7Telecommunications access codes
8Act binds the Crown
9Appointment of Telecommunications Commissioner
9AFunctions of Commission in relation to sector monitoring and information dissemination
10Performance of Commission’s functions
11Levy
12Levy for first financial year or part financial year
13Minister must consult before making recommendation under section 11(3) or section 12(4)
14Late payment of levy
15Application of Commerce Act 1986 and Crown Entities Act 2004
16Application of section 98A of Commerce Act 1986
17Telecommunications Commissioner to consent to delegation of some functions and powers of Commission
18Purpose
19Commission and Minister must consider purpose set out in section 18 and additional matters
19ACommission to have regard to economic policies of Government
20Application
21When application must be treated as application for pricing review determination
22When application may not be made
22AEffect of application on existing agreement for supply of designated access service or specified service
23Requirements for application
24Commission must notify parties
25Commission must decide whether to investigate
26Consultation or conferences
27Preparation of determination
28When determination must be prepared
29Requirements for determination
30Matters to be included in determination
30AOverview of subpart
30BInterpretation
30CWhen standard terms development process may be initiated
30DCommission must give public notice if Commission initiates standard terms development process
30ECommission must conduct scoping workshop
30FCall for standard terms proposal
30GRequirements for standard terms proposal
30HFailure to submit standard terms proposal
30IReceipt of standard terms proposal
30JRequirement for submissions
30KDraft standard terms determination
30LConsultation or conferences
30MStandard terms determination
30NCommission’s discretion to determine how standard terms determination is to be prepared
30OMatters to be included in standard terms determination: general
30PAdditional matters to be included in standard terms determination for designated access service
30QStandard terms determination not to include expiry date
30RReview of standard terms determination
30SApplication of standard terms determination
30TEffect of standard terms determination on determination made under section 27
30UPurpose of residual terms determination
30VApplication for residual terms determination
30WWhen application may not be made
30XRequirements for application
30YCommission must notify parties
30ZCommission must decide whether to investigate
30ZAConsultation or conferences
30ZBPreparation of residual terms determination
30ZCRequirements for residual terms determination
30ZDMatters to be included in residual terms determination
31AACommission may initiate process for designated multinetwork service determination on own initiative
31Application
32When application may not be made
33Requirements for application
34Commission must notify parties
35Commission must decide whether to investigate
36Draft determination
37Matters to be included in draft determination
38Consultation, conferences, or public hearing
39Determination
40Matters to be included in determination
41Determinations not invalid for certain failures
42Application
43Requirements for application
44Commission’s requirements on receiving application
45Access provider to calculate price on request
46Offences [Repealed]
47Draft pricing review determination
48Requirements for draft determination
49Matters to be included in draft determination
50Consultation or conferences
51Pricing review determination
52Matters to be included in determination
53Procedure for determinations
54Applicant may withdraw
55Commission’s costs
56Parties’ costs
57Enforcing directions given under section 55 or section 56(2)
58Clarification of determination
59Reconsideration of determination
60Appeals from certain determinations under Part 2
61Enforcing determinations of Commission [Repealed]
62Expiry of determinations
63Application of Commerce Act 1986
64Mandatory review of local loop unbundling and access to, and interconnection with, Telecom’s fixed PDN [Repealed]
65Expiry of designated services and specified services [Repealed]
66Alterations to Part 2 or Part 3 of Schedule 1
67Alterations to clauses 1 to 6 of Schedule 1
68Minister’s recommendation subject to procedure in Schedule 3
68AApplication of Schedule 3A
69Regulations
69APurpose of Part
69BInterpretation
69CInterpretation
69DMeaning of arm’s-length
69ERequirements for sharing arrangements
69FCommission must be notified of proposed and final sharing arrangements
69GObligation to collect and retain information for monitoring purposes
69HCommission’s monitoring, investigation, and enforcement powers
69ICommission may give non-compliance notice
69JProcess for responding to non-compliance notice
69KCommission may decide on appropriate enforcement action if non-compliance persists
69LApplication of pecuniary penalty provisions
69MInjunction may be granted by High Court
69NMinister may grant exemption from application of subpart
69ONo participation in supply of retail services
69PRegister of non-retail users
69QVariations to, and removals from, register
69RNo services above layer 2
69SNo end-to-end services
69TEnforcement of breaches of sections 69O and 69S
69UApplication of line of business restrictions to related parties of Chorus
69VInjunctions may be granted by High Court for certain contraventions
69WPurposes of subpart
69XOverview
69XAInterpretation
69XBRequirements for undertakings by Chorus relating to supply of certain wholesale telecommunications services
69XCImplementation of Chorus undertakings
69XDChorus must publish Chorus undertakings
69XEVariation of Chorus undertakings
69XFTermination of Chorus undertakings
69XGEnforcement of Chorus undertakings
69XHApplication of Public Works Act 1981
69XIRequiring authority status under Resource Management Act 1991
69XJDesignations under Resource Management Act 1991
69XKCertain restrictive covenants
69XLProtection of existing members of Government Superannuation Fund
69XMInterpretation in this subpart
69XNPurpose
69XODepreciation
69XPTax effect of distribution of ChorusCo shares
69XQGoods and Services Tax Act 1985
69XRPrepayments
69XSExpenditure or loss incurred, and amounts derived
69XTBad debts
69XUUnpaid employment expenditure
69XVVesting of designated assets and liabilities
69XWRevenue account property
69XXLeased assets
69XYFinance leases: financial arrangements rules
69XZApproved issuer levy and administrative status
69YPurpose
69ZParameters of Part
69ZAInterpretation
69ZBAccounting separation of Telecom [Repealed]
69ZCInformation disclosure by all access providers
69ZDMiscellaneous provisions relating to Commission’s information disclosure requirements
69ZEPublication of Commission’s information disclosure requirements
69ZFInformation to be supplied to Commission
69ZGCommission to publish summaries
69ZHReasonable charge may be imposed for providing copies of statements
70Declaration of TSO instruments
71Deemed TSO instrument
71ATSO instrument may specify total amount payable by the Crown
72New KSO does not alter or revoke constitution of Telecom [Repealed]
73When KSO part of original KSO ceases to have effect [Repealed]
74Compliance with TSO instrument
75Variation of TSO instrument
76When instrument ceases to be TSO instrument
77Notification of TSO instrument
78Application of Commerce Act 1986
79When 2 or more bodies corporate must be treated as 1 person
80Interpretation
[Repealed]
81Subpart does not apply to certain liable persons
82Liable persons must produce information on qualified revenue
[Repealed]
83Liable persons must produce information for purposes of liability allocation determination
84Commission to prepare draft liability allocation determination
[Repealed]
85Matters to be included in draft liability allocation determination
[Repealed]
86Conferences on draft liability allocation determination
[Repealed]
87Commission to prepare final liability allocation determination
88Matters to be included in final liability allocation determination
89Payment by liable persons to the Crown
90Crown use of telecommunications development levy
91Commission must notify final liability allocation determination before notifying TSO cost calculation determination
[Repealed]
92Annual telecommunications development levy may be reduced by Order in Council
93Assessment of compliance with TSO instrument
93AMatters to be included in draft TSO cost calculation determination [Repealed]
93BConferences on draft TSO cost calculation determination [Repealed]
93CCommission to prepare final TSO cost calculation determination [Repealed]
93DRequirements for final TSO cost calculation determination [Repealed]
93EMatters to be included in final TSO cost calculation determination [Repealed]
[Repealed]
93FCalculation of amount payable by liable person [Repealed]
94TSO provider under TSO instrument without specified amount may request TSO cost calculation determination
[Repealed]
94ATSO provider who requests TSO cost calculation determination liable for costs in certain circumstances
94BWithdrawal of request for TSO cost calculation determination
94CTSO charges deemed to be zero if TSO provider does not request TSO cost calculation determination
94DCalculations of net cost and auditor’s report must be given to Commission
94EConsiderations for determining net cost
94EACalculations of net revenue and auditor’s report must be given to Commission
94EBConsiderations for determining net revenue
94FCommission to prepare draft TSO cost calculation determination
94GMatters to be included in draft TSO cost calculation determination
94HRequirements for draft TSO cost calculation determination
94IConferences on draft TSO cost calculation determination
94JCommission to prepare final TSO cost calculation determination
94KMatters to be included in final TSO cost calculation determination
94LPayment by the Crown to TSO provider
95Application of sections 96 to 98 to TSO instruments that are company constitutions [Repealed]
96Power of court to grant relief in respect of TSO instrument
97Court must take public interest into account
98Certain matters not to prevent making of order under section 96
99Amounts identifying particular TSOs in invoices not permitted [Repealed]
100Right of appeal to High Court
100AProcedure for determinations
100BCommission must include information about deemed TSO instrument in TSO cost calculation determinations
100BACommission must include information about spending of TSO charges paid in relation to deemed TSO instrument
100CDuties of Commission in complying with sections 100B and 100BA
101Regulations
101AReview of local service TSO arrangements
102Persons declared to be network operators
103Ministerial requirements for declaration
104When declaration must be revoked
105Declaration made or revoked by notice in Gazette
106Operator must agree to connection to network
107When operator must not agree to connection to network
108When operator must not refuse to agree to connection to network
109Regulations
110Actions for damages for contravention of section 106
111Injunctions may be granted by High Court for contravention of section 106
111AInformation about interconnection arrangements
112Misuse of telephone device
113Indecent telephone calls for pecuniary gain
114Interception of telecommunications for authorised purposes [Repealed]
115Offence to use or disclose certain information for unauthorised purposes [Repealed]
116Computer records
117Meaning of maintenance
118Meaning of evidence of authority
118ANotices under this subpart
119Criteria for setting reasonable conditions
120Application to District Court
121Court order
122Contents of court order
123Service of order
124Production of order
125Rights of entry to land
126Conditions of entry to land
127Evidentiary presumption
128Request for removal or trimming of trees
129Application to District Court
130Court order
131Costs of removal or trimming of trees
132Removal of trees, etc, in emergency
133Production of authority
134Costs of removal of trees, etc, in emergency
135Construction or repair of lines or wireless works on roads
136Notice requirement
137Network operator to be notified of conditions
138Failure to notify conditions
139Urgency
140Offence to not comply with any of sections 135, 136, and 139
141Appeals by network operators to District Court
142Construction, etc, of telephone cabinets or other similar appliances
143Network operator to be notified of conditions
144Failure to notify conditions
145Urgency
146Offence not to comply with section 142 or section 145
147Appeals by network operators to District Court
147ALocal authority, etc, may require lines, etc, to be moved
147BCost of work required under section 147A
147CRelationship with section 54 of Government Roading Powers Act 1989
148Alteration to line or wireless works on road requested by owner
149Lines must not interfere with public traffic
150Lines over navigable waters
151Network operator must avoid interference with traffic
152Offence to contravene any of sections 149 to 151
153Charging for access to road reserve
154Compensation
155Protection of existing works
155AOverview
155BInterpretation
155CNature of statutory right of access to multi-unit complexes
155DPreconditions before statutory right of access to multi-unit complexes may be exercised
155EHow statutory right of access to multi-unit complex must be exercised
155FRequirements in respect of preliminary notice
155GOpting out of providing access under subpart
155HRequirements in respect of second notice
155IAccess orders from District Court
155JPreparation of Code
155KApproval and status of Code
155LCompliance with rules and binding settlements
155MOffence to fail to comply with District Court order
156Notices to be in writing [Repealed]
156AAOverview
156ABInterpretation
156ACPurposes
156ADMain requirements for undertakings
156AEMinister may determine further requirements for undertakings
156AFMinister must issue and consult on draft determination
156AGProcedural requirements for determination
156AHLFC must submit undertaking for approval by Minister
156AIMinister may approve or decline undertaking
156AJImplementation of undertaking
156AKLFC must publish undertaking
156ALVariation of undertaking
156AMProcedure for variation of undertaking
156ANClarification of undertaking
156AOTermination of undertaking
156APCommission may not recommend or investigate unbundling of point-to-multipoint layer 1 services
156AQEnforcement and remedies under Part 4A
156ARPower of court to grant relief in respect of undertakings
156ASInterrelationship of remedies
156ATPurpose
156AUCommission must require disclosure by LFCs
156AVFurther powers of Commission relating to information disclosure
156AWCommission may publish reports, etc, on information collected
156AXInterpretation of this subpart
156AYRequirements for undertakings under this subpart
156AZApplication of provisions in subpart 1
156AZARestrictive trade practices authorisations in respect of Telecom and Vodafone participation in Rural Broadband Initiative
156AZBInterpretation for this subpart
156AZCRestrictive trade practices authorisations in respect of participation in Ultra-fast Broadband Initiative
156AZDBusiness acquisition authorisations in respect of participation in Ultra-fast Broadband Initiative
156AApplication of section 156B
156BEnforcement actions that Commission may take
156CMatters that Commission must take into account in deciding what enforcement action to take
156DCivil infringement notice
156EObjection to civil infringement notice
156FCommission must consider objection
156GEffect of withdrawal of civil infringement notice
156HConsequence of not paying pecuniary penalty specified in civil infringement notice
156IRight to appeal
156JDecision on appeal
156KCommission may publish information about issue of civil infringement notice
156LPecuniary penalty
156MFurther penalty may be imposed for continuing breach
156NInterpretation
156OComplaints of breach of enforceable matter
156PEnforcement by High Court
156QRemedies for breach of enforceable matter
156RLimit on amount of pecuniary penalty
157AAMinister must review regulatory framework
157Regulations
158Enactments amended
159Certain provisions in 1987 Act repealed
160Transitional provision for declarations made under section 2A of 1987 Act
161Transitional provision relating to repeal of section 5C of 1987 Act
Reprint notes