5 Interpretation

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 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

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)

CPI means the Consumers Price Index (All Groups) published by Statistics New Zealand

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 residential line

(a)

means a Telecom residential line (other than a party line or a second line) that was an active connection on 20 December 2001; and

(b)

to avoid doubt, includes any such line that has been replaced or altered since 20 December 2001

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; and

(d)

in subpart 4 of Part 4, has the same meaning as in section 155ZS

fibre-to-the-premises access network has the meaning set out in section 156AB

financial year means a period of 12 months beginning on 1 July in any year and ending on 30 June in the following year

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

liability allocation determination means a determination of the Commission prepared in accordance with section 87(1)(a)

liable person means a person who provides a telecommunications service in New Zealand by means of some component of a PTN that is operated by the person

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

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

Ministry means the Ministry responsible for administering this Act

net cost,—

(a)

in relation to an instrument that is declared to be a TSO instrument under section 70, means the unavoidable net incremental cost to an efficient service provider of providing the service required by the TSO instrument to commercially non-viable end-users; and

(b)

in relation to a deemed TSO instrument that requires the supply of a service to end-users, means the unavoidable net incremental cost to an efficient service provider of providing the service required by the TSO instrument to all end-users connected to existing residential lines; and

(c)

in relation to a deemed TSO instrument that requires the supply of a wholesale service that is an input to a service supplied to end-users, means the unavoidable net incremental cost to an efficient service provider of providing the service required by the TSO instrument to another service provider for the purpose of making a retail service available to all end-users connected to existing residential lines

net revenue means the range of direct and indirect revenues and associated benefits derived from providing telecommunications services to all end-users connected to existing residential lines, less the costs of providing those services to those end-users

network means a system comprising telecommunication links to permit telecommunication

network operator means 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

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

PDN or public data network means a data network used, or intended for use, in whole or in part, by the public

price (except in subpart 6 of Part 2A) 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

proposed addition has the meaning set out in clause 8(1)(b) of Schedule 3

proposed alteration has the meaning set out in clause 1(1) of Schedule 3

proposed omission has the meaning set out in clause 8(1)(a) of Schedule 3

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

PTN or public telecommunications network

(a)

means a network used, or intended to be used, in whole or in part, by the public for the purpose of telecommunication:

(b)

includes—

(i)

a PSTN:

(ii)

a PDN

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

qualified revenue means the revenue (as determined in accordance with any specifications set by the Commission) that a liable person receives during a financial year for supplying either or both of the following (excluding any amount paid to the liable person by the Crown as compensation for the cost of complying with a TSO instrument that contains a specified amount):

(a)

telecommunications services by means of its PTN:

(b)

telecommunications services by means that rely primarily on the existence of its PTN or any other PTN

radio frequency means electromagnetic waves of frequencies between 9 kilohertz and 3 000 gigahertz, propagated in space without artificial guide

registered undertaking has the meaning set out in clause 1 of Schedule 3A

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

(c)

all bridges, culverts, ferries, and fords that form part of any road, street, or any other place referred to in paragraph (a) or paragraph (b)

service provider, except in subpart 3 of Part 4 and Part 4AA, means a provider of a telecommunications service

specified amount has the meaning set out in section 71A

specified service means a service described in Part 3 of Schedule 1

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 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

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

TSO or telecommunications service obligations means obligations in relation to a TSO instrument

TSO charges means the amounts payable to a TSO provider by the Crown under section 94L(1)

TSO cost allocation determination means a determination prepared by the Commission in accordance with sections 87 to 91

TSO cost calculation determination means a determination of the Commission prepared in accordance with section 94J(1)(a)

TSO instrument or telecommunications service obligation instrument means—

(a)

an instrument that is declared to be a TSO instrument under section 70:

(b)

a deemed TSO instrument

TSO provider or telecommunications service obligation provider means a provider of a telecommunications service under a TSO instrument

wireless works means any works relating to the provision of any wireless or mobile telecommunications services

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; and

(f)

if Waitangi Day or Anzac Day falls on a Saturday or a Sunday, the following Monday

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)

Section 5 access provider: substituted, on 22 December 2006, by section 5(1) of the Telecommunications Amendment Act (No 2) 2006 (2006 No 83).

Section 5 access seeker: substituted, on 22 December 2006, by section 5(2) of the Telecommunications Amendment Act (No 2) 2006 (2006 No 83).

Section 5 constitution of Telecom: repealed, on 1 July 2011, by section 4(1) of the Telecommunications (TSO, Broadband, and Other Matters) Amendment Act 2011 (2011 No 27).

Section 5 CPI: inserted, on 1 July 2011, by section 4(2) of the Telecommunications (TSO, Broadband, and Other Matters) Amendment Act 2011 (2011 No 27).

Section 5 existing residential line: inserted, on 1 July 2011, by section 4(2) of the Telecommunications (TSO, Broadband, and Other Matters) Amendment Act 2011 (2011 No 27).

Section 5 existing works: substituted, on 17 May 2005, by section 3(1) of the Telecommunications Amendment Act 2005 (2005 No 70).

Section 5 existing works paragraph (c): amended, on 3 May 2017, by section 5(1) of the Telecommunications (Property Access and Other Matters) Amendment Act 2017 (2017 No 16).

Section 5 existing works paragraph (d): inserted, on 3 May 2017, by section 5(2) of the Telecommunications (Property Access and Other Matters) Amendment Act 2017 (2017 No 16).

Section 5 fibre-to-the-premises access network: inserted, on 1 July 2011, by section 88 of the Telecommunications (TSO, Broadband, and Other Matters) Amendment Act 2011 (2011 No 27).

Section 5 financial year: substituted, on 1 July 2011, by section 4(2) of the Telecommunications (TSO, Broadband, and Other Matters) Amendment Act 2011 (2011 No 27).

Section 5 KSO: repealed, on 1 July 2011, by section 4(1) of the Telecommunications (TSO, Broadband, and Other Matters) Amendment Act 2011 (2011 No 27).

Section 5 liability allocation determination: inserted, on 1 July 2011, by section 4(2) of the Telecommunications (TSO, Broadband, and Other Matters) Amendment Act 2011 (2011 No 27).

Section 5 liable person: substituted, on 1 July 2011, by section 4(2) of the Telecommunications (TSO, Broadband, and Other Matters) Amendment Act 2011 (2011 No 27).

Section 5 liable person’s TSO-qualified revenue: repealed, on 1 July 2011, by section 4(1) of the Telecommunications (TSO, Broadband, and Other Matters) Amendment Act 2011 (2011 No 27).

Section 5 local authority: substituted, on 1 July 2003, by section 262 of the Local Government Act 2002 (2002 No 84).

Section 5 local loop network: repealed, on 22 December 2006, by section 5(6) of the Telecommunications Amendment Act (No 2) 2006 (2006 No 83).

Section 5 Ministry: inserted, on 1 July 2011, by section 4(2) of the Telecommunications (TSO, Broadband, and Other Matters) Amendment Act 2011 (2011 No 27).

Section 5 net cost: substituted, on 1 July 2011, by section 4(2) of the Telecommunications (TSO, Broadband, and Other Matters) Amendment Act 2011 (2011 No 27).

Section 5 net cost paragraph (b): substituted, on 30 November 2011 (being the date of separation day, and an Order in Council (SR 2011/302) having been made under section 36), by section 52(1) of the Telecommunications (TSO, Broadband, and Other Matters) Amendment Act 2011 (2011 No 27).

Section 5 net cost paragraph (c): added, on 30 November 2011 (being the date of separation day, and an Order in Council (SR 2011/302) having been made under section 36), by section 52(1) of the Telecommunications (TSO, Broadband, and Other Matters) Amendment Act 2011 (2011 No 27).

Section 5 net revenue: inserted, on 30 November 2011 (being the date of separation day, and an Order in Council (SR 2011/302) having been made under section 36), by section 52(2) of the Telecommunications (TSO, Broadband, and Other Matters) Amendment Act 2011 (2011 No 27).

Section 5 network operator: amended, on 30 November 2011 (being the date of separation day, and an Order in Council (SR 2011/302) having been made under section 36), by section 63(2) of the Telecommunications (TSO, Broadband, and Other Matters) Amendment Act 2011 (2011 No 27).

Section 5 original KSO: repealed, on 1 July 2011, by section 4(1) of the Telecommunications (TSO, Broadband, and Other Matters) Amendment Act 2011 (2011 No 27).

Section 5 party or parties: substituted, on 22 December 2006, by section 5(7) of the Telecommunications Amendment Act (No 2) 2006 (2006 No 83).

Section 5 price: substituted, on 30 November 2011 (being the date of separation day, and an Order in Council (SR 2011/302) having been made under section 36), by section 62 of the Telecommunications (TSO, Broadband, and Other Matters) Amendment Act 2011 (2011 No 27).

Section 5 PTN or public telecommunications network: inserted, on 1 July 2011, by section 4(2) of the Telecommunications (TSO, Broadband, and Other Matters) Amendment Act 2011 (2011 No 27).

Section 5 qualified revenue: inserted, on 1 July 2011, by section 4(2) of the Telecommunications (TSO, Broadband, and Other Matters) Amendment Act 2011 (2011 No 27).

Section 5 registered undertaking: inserted, on 22 December 2006, by section 5(8) of the Telecommunications Amendment Act (No 2) 2006 (2006 No 83).

Section 5 service provider: amended, on 1 July 2011, by section 88 of the Telecommunications (TSO, Broadband, and Other Matters) Amendment Act 2011 (2011 No 27).

Section 5 specified amount: amended, on 22 December 2006, by section 5(9) of the Telecommunications Amendment Act (No 2) 2006 (2006 No 83).

Section 5 telecommunication: substituted, on 17 May 2005, by section 3(2) of the Telecommunications Amendment Act 2005 (2005 No 70).

Section 5 TSO charges: inserted, on 1 July 2011, by section 4(2) of the Telecommunications (TSO, Broadband, and Other Matters) Amendment Act 2011 (2011 No 27).

Section 5 TSO cost calculation determination: substituted, on 1 July 2011, by section 4(2) of the Telecommunications (TSO, Broadband, and Other Matters) Amendment Act 2011 (2011 No 27).

Section 5 TSO instrument or telecommunications service obligation instrument: substituted, on 1 July 2011, by section 4(2) of the Telecommunications (TSO, Broadband, and Other Matters) Amendment Act 2011 (2011 No 27).

Section 5 TSO provider or telecommunications service obligation provider: inserted, on 22 December 2006, by section 5(11) of the Telecommunications Amendment Act (No 2) 2006 (2006 No 83).

Section 5 TSO provider’s TSO-qualified revenue: repealed, on 1 July 2011, by section 4(1) of the Telecommunications (TSO, Broadband, and Other Matters) Amendment Act 2011 (2011 No 27).

Section 5 TSP or telecommunications service provider: repealed, on 22 December 2006, by section 5(11) of the Telecommunications Amendment Act (No 2) 2006 (2006 No 83).

Section 5 wireless works: inserted, on 1 July 2011, by section 26(3) of the Telecommunications (TSO, Broadband, and Other Matters) Amendment Act 2011 (2011 No 27).

Section 5 working day paragraph (e): replaced, on 1 January 2014, by section 8 of the Holidays (Full Recognition of Waitangi Day and ANZAC Day) Amendment Act 2013 (2013 No 19).

Section 5 working day paragraph (f): inserted, on 1 January 2014, by section 8 of the Holidays (Full Recognition of Waitangi Day and ANZAC Day) Amendment Act 2013 (2013 No 19).