New Zealand Legislation: Acts
Acts are laws made by Parliament
In this Act, unless the context otherwise requires,—
1987 Act means the Telecommunications Act 1987
access provider—
(a) means, in relation to a designated service or specified service, the person named or described in Part 2, or Part 3, of Schedule 1 as the access provider for the designated service or specified service; and
(b) means, in relation to a service that is supplied under a registered undertaking, the person that provided the undertaking under Schedule 3A
access provider: this definition was substituted, as from 22 December 2006, by section 5(1) Telecommunications Amendment Act (No 2) 2006 (2006 No 83). See sections 62 to 66 of that Act for the transitional provisions.
access seeker—
(a) means, in relation to a designated service or specified service, the person named or described in Part 2, or Part 3, of Schedule 1 as the access seeker for the designated service or specified service; and
(b) means, in relation to a service that is supplied under a registered undertaking, a service provider who seeks access to the service and who complies with any conditions set out in the registered undertaking for eligibility as an access seeker
access seeker: this definition was substituted, as from 22 December 2006, by section 5(2) Telecommunications Amendment Act (No 2) 2006 (2006 No 83). See sections 62 to 66 of that Act for the transitional provisions.
applicable access principles, in relation to a designated access service or specified service, means the access principles described in subpart 1 of Part 2, or Part 3, of Schedule 1 as the access principles for the designated access service or specified service
applicable conditions, in relation to a designated service or specified service, means the conditions set out in Part 2, or Part 3, of Schedule 1 as the conditions for the designated service or specified service
applicable final pricing principle, in relation to a designated access service, means the final pricing principle described in subpart 1 of Part 2 of Schedule 1 as the final pricing principle for the designated access service
applicable initial pricing principle, in relation to a designated access service, means the initial pricing principle described in subpart 1 of Part 2 of Schedule 1 as the initial pricing principle for the designated access service
approved code—
(a) means a telecommunications access code that has been approved by the Commission under clause 9 or clause 10 of Schedule 2; and
(b) includes any amendment to an approved code that has been approved under either of those clauses
auditor's report has the meaning set out in section 83(b)
broadcasting has the same meaning as in section 2(1) of the Broadcasting Act 1989
chief executive means the chief executive of the Ministry of Economic Development
Commission means the Commerce Commission established by section 8 of the Commerce Act 1986
computer record has the meaning set out in section 116(2)
constitution of Telecom means the constitution of Telecom Corporation of New Zealand Limited
deemed TSO instrument has the meaning set out in section 71
designated access service means a service described in subpart 1 of Part 2 of Schedule 1
designated multinetwork service means a service described in subpart 2 of Part 2 of Schedule 1
designated service means a designated access service or designated multinetwork service
draft code—
(a) means a draft telecommunications access code prepared by the Forum under clause 1 of Schedule 2; and
(b) includes a proposed amendment to, or proposed revocation of, an approved code
eligible person means a person who is—
(a) registered with the Commission for the purpose of voting on a draft code under clause 4 of Schedule 2; and
(b) a member of the Forum
end-user, in relation to a telecommunications service, means a person who is the ultimate recipient of that service or of another service whose provision is dependent on that service
existing lines—
(a) means any lines constructed by Telecom or any of its former subsidiaries before 1 April 1989; and
(b) includes any lines that were wholly or partly in existence, or for which work on the construction, erection, or laying commenced, before 1 April 1989
existing works—
(a) means any works relating to the provision of telecommunications under the Post Office Act 1959 (or any former Act) that were wholly or partly in existence, or for which work on the construction, erection, or laying commenced, before 1 January 1988; and
(b) includes, for the purposes of subpart 2 of Part 4, any works relating to any conveyance that constitutes broadcasting under the Post Office Act 1959 (or any former Act) that were wholly or partly in existence, or for which work on the construction, erection, or laying commenced, before 1 January 1988; but
(c) does not include any works that, after that date, have been altered or moved or added to in a way that substantially alters their character or location, as the case may be
existing works: this definition was substituted, as from 17 May 2005, by section 3(1) Telecommunications Amendment Act 2005 (2005 No 70).
financial year, in relation to a TSO provider, means a period of 12 months beginning on 1 July in any year and ending on 30 June in the following year during some or all of which a TSO provider supplies services under a TSO instrument
financial year: this definition was substituted, as from 22 December 2006, by section 5(3) Telecommunications Amendment Act (No 2) 2006 (2006 No 83). See sections 62 to 66 of that Act for the transitional provisions.
fixed PDN—
(a) means a PDN, or that part of a PDN, that connects an end-user's building (or, in the case of commercial buildings, the building distribution frames) to a data switch or equivalent facility; and
(b) includes the data switch or equivalent facility and that part of the overall telecommunications link within the building that connects to the end-user's equipment
fixed PSTN—
(a) means a PSTN, or that part of a PSTN, that connects an end-user's building to the local switches or equivalent facilities; and
(b) includes those local switches or equivalent facilities
fixed radio station means radio apparatus comprising transmitters or receivers, or a combination of transmitters and receivers, installed at a fixed location, for the purposes of carrying on a radiocommunications service
Forum means the Telecommunications Industry Forum, which is a group that consists of at least 75% of all persons who are, for the time being, registered with the Commission for the purpose of voting on a draft code under clause 4 of Schedule 2
KSO—
(a) means the obligations that were set out in clause 5 of Schedule 1 of the constitution of Telecom (as it read immediately before the commencement of this Act); and
(b) includes—
(i) the letter of 1 October 1997 headed “TELECOM DIRECTORY ASSISTANCE PROPOSAL”
, from the Minister of Finance to Telecom; and
(ii) the letter of 15 September 1999 headed “TELECOM 0867 INITIATIVE”
, from the Minister of Finance to Telecom; and
(iii) the letter of 15 September 1999 headed “TELECOM 0867 INITIATIVE”
, from Telecom to the Minister of Finance
liable person, in relation to a TSO instrument, means (except when they are the TSO provider),—
(a) Telecom; and
(b) a person—
(i) whose network is interconnected with a fixed PSTN operated by Telecom; and
(ii) who provides a telecommunications service in New Zealand to end-users by means of some component of a PSTN that is operated by the person
liable person: this definition was amended, as from 22 December 2006, by section 5(4) Telecommunications Amendment Act (No 2) 2006 (2006 No 83) by substituting the expression “TSO provider”
for the expression “TSP”
. See sections 62 to 66 of that Act for the transitional provisions.
liable person's TSO-qualified revenue means the amount of revenue that, during the financial year, each liable person receives for supplying all or any of the following
(a) telecommunications services by means of its PSTN:
(b) telecommunications services by means that rely primarily on the existence of its PSTN or any other PSTN:
(c) directory services in respect of PSTN numbers
liable person's TSO-qualified revenue: this definition was inserted, as from 22 December 2006, by section 5(5) Telecommunications Amendment Act (No 2) 2006 (2006 No 83). See sections 62 to 66 of that Act for the transitional provisions.
line—
(a) means a wire or a conductor of any other kind (including a fibre optic cable) used or intended to be used for the transmission or reception of signs, signals, impulses, writing, images, sounds, instruction, information, or intelligence of any nature by means of any electromagnetic system; and
(b) includes—
(i) any pole, insulator, casing, fixture, tunnel, or other equipment or material used or intended to be used for supporting, enclosing, surrounding, or protecting any of those wires or conductors; and
(ii) any part of a line
local authority means a local authority within the meaning of the Local Government Act 2002
Local authority: this definition was substituted, as from 1 July 2003, by section 262 Local Government Act 2002 (2002 No 84). See sections 273 to 314 of that Act as to the savings and transitional provisions.
local loop network
[Repealed]
local loop network: this definition was repealed, as from 22 December 2006, by section 5(6) Telecommunications Amendment Act (No 2) 2006 (2006 No 83). See sections 62 to 66 of that Act for the transitional provisions.
Minister means the Minister of the Crown who, under the authority of any warrant or with the authority of the Prime Minister, is for the time being responsible for the administration of this Act
net cost means the unavoidable net incremental costs to an efficient service provider of providing the service required by the TSO instrument to commercially non-viable customers
network means a system comprising telecommunication links to permit telecommunication
network operator means Telecom and any person declared under—
(a) section 105 to be a network operator for the purposes of this Act or any provision of this Act; or
(b) section 2A of the 1987 Act (as it read immediately before the commencement of this Act) to be a network operator for the purposes of that Act or any provision of that Act
original KSO—
(a) means the constitution of Telecom; and
(b) includes—
(i) the letter of 1 October 1997 headed “TELECOM DIRECTORY ASSISTANCE PROPOSAL”
, from the Minister of Finance to Telecom; and
(ii) the letter of 15 September 1999 headed “TELECOM 0867 INITIATIVE”
, from the Minister of Finance to Telecom; and
(iii) the letter of 15 September 1999 headed “TELECOM 0867 INITIATIVE”
, from Telecom to the Minister of Finance
party or parties means,—
(a) for a determination made under section 27 or a residual terms determination made under section 30ZB, the access seeker and the access provider of the service; and
(b) for a standard terms determination made under section 30M, a designated multinetwork service determination made under section 39, or an approved code under Schedule 2, all access seekers and all access providers of the service (whether they became an access seeker or an access provider before or after the determination was made or the code was approved); and
(c) for a registered undertaking under Schedule 3A, the access provider of the service and the Commission
party or parties: this definition was substituted, as from 22 December 2006, by section 5(7) Telecommunications Amendment Act (No 2) 2006 (2006 No 83). See sections 62 to 66 of that Act for the transitional provisions.
PDN or public data network means a data network used, or intended for use, in whole or in part, by the public
price includes—
(a) valuable consideration in any form, whether direct or indirect; and
(b) any consideration that in effect relates to the acquisition of goods or services or the acquisition or disposition of any interest in land, even though it ostensibly relates to any other matter or thing
PSTN or public switched telephone network means a dial-up telephone network used, or intended for use, in whole or in part, by the public for the purposes of providing telecommunication between telephone devices
public notice has the meaning set out in section 6
qualified auditor means a person who is qualified for appointment as an auditor in accordance with any prescribed requirements or, if there are no prescribed requirements, any requirements of the Commission
radio frequency means electromagnetic waves of frequencies between 9 kilohertz and 3000 gigahertz, propagated in space without artificial guide
registered undertaking has the meaning set out in clause 1 of Schedule 3A
registered undertaking: this definition was inserted, as from 22 December 2006, by section 5(8) Telecommunications Amendment Act (No 2) 2006 (2006 No 83). See sections 62 to 66 of that Act for the transitional provisions.
road includes—
(a) a street and any other place to which the public have access, whether as of right or not; and
(b) land that is vested in a local authority for the purpose of a road as shown on a deposited survey plan; and
service provider means a provider of a telecommunications service
specified amount has the meaning set out in section 71A
specified amount: this definition was amended, as from 22 December 2006, by section 5(9) Telecommunications Amendment Act (No 2) 2006 (2006 No 83) by substituting the expression “section 71A”
for the expression “section 70(5)”
. See sections 62 to 66 of that Act for the transitional provisions.
subsidiary has the same meaning as in sections 5 and 6 of the Companies Act 1993
Telecom—
(a) means Telecom Corporation of New Zealand Limited; and
(b) includes any of its subsidiaries
telecommunication—
(a) means the conveyance by electromagnetic means from one device to another of any encrypted or non-encrypted sign, signal, impulse, writing, image, sound, instruction, information, or intelligence of any nature, whether for the information of any person using the device or not; and
(b) for the purposes of subpart 2 of Part 4, includes any conveyance that constitutes broadcasting; but
(c) for all other purposes, does not include any conveyance that constitutes broadcasting
telecommunication: this definition was substituted, as from 17 May 2005, by section 3(2) Telecommunications Amendment Act 2005 (2005 No 70).
telecommunication link means any line, radio frequency, or other medium used for telecommunication
telecommunications access code has the meaning set out in section 7(1)
Telecommunications Commissioner means the Telecommunications Commissioner appointed under section 9(3)
telecommunications service means any goods, services, equipment, and facilities that enable or facilitate telecommunication
TSO or telecommunications service obligations means obligations in relation to a TSO instrument
TSO cost allocation determination means a determination prepared by the Commission in accordance with sections 87 to 91
TSO cost allocation determination: this definition was inserted, as from 22 December 2006, by section 5(10) Telecommunications Amendment Act (No 2) 2006 (2006 No 83). See sections 62 to 66 of that Act for the transitional provisions.
TSO cost calculation determination means a determination prepared by the Commission in accordance with sections 92 to 93E
TSO cost calculation determination: this definition was inserted, as from 22 December 2006, by section 5(10) Telecommunications Amendment Act (No 2) 2006 (2006 No 83). See sections 62 to 66 of that Act for the transitional provisions.
TSO instrument or telecommunications service obligation instrument—
(a) means an instrument that is declared to be a TSO instrument under section 70; and
(b) to the extent that it applies, includes a deemed TSO instrument
TSO provider or telecommunications service obligation provider means a provider of a telecommunications service under a TSO instrument
TSO provider or telecommunications service obligation provider: this definition was inserted, as from 22 December 2006, by section 5(11) Telecommunications Amendment Act (No 2) 2006 (2006 No 83). See sections 62 to 66 of that Act for the transitional provisions.
TSO provider's TSO-qualified revenue means the amount of revenue that, during the financial year, each TSO provider receives for supplying all or any of the following
(a) telecommunications services by means of its PSTN:
(b) telecommunications services by means that rely primarily on the existence of its PSTN or any other PSTN:
(c) directory services in respect of PSTN numbers
TSO provider's TSO-qualified revenue: this definition was inserted, as from 22 December 2006, by section 5(11) Telecommunications Amendment Act (No 2) 2006 (2006 No 83). See sections 62 to 66 of that Act for the transitional provisions.
TSP or telecommunications service provider
[Repealed]
TSP or telecommunications service provider: this definition was repealed, as from 22 December 2006, by section 5(11) Telecommunications Amendment Act (No 2) 2006 (2006 No 83). See sections 62 to 66 of that Act for the transitional provisions.
telephone device means any terminal device capable of being used for transmitting or receiving any communications over a network designed for the transmission of voice frequency communication
working day means a day of the week other than—
(a) Saturday, Sunday, Good Friday, Easter Monday, Anzac Day, the Sovereign's Birthday, Labour Day, and Waitangi Day; and
(b) the day observed in the appropriate area as the anniversary of the province of which the area forms part; and
(c) a day in the period commencing with 25 December in any year and ending with 2 January in the following year; and
(d) if 1 January in any year falls on a Friday, the following Monday; and
(e) if 1 January in any year falls on a Saturday or a Sunday, the following Monday and Tuesday
works includes—
(a) a line and any instrument, furniture, plant, office, building, machinery, engine, excavation, or work, of whatever description, used in relation to, or in any way connected with, a line; and
(b) a fixed radio station.
Compare: 1987 No 116 s 2(1), (1A)