New Zealand Legislation: Acts
Acts are laws made by Parliament
(1) Subject to subsection (2) and sections 15 and 17,—
(a) the Telecommunications Commissioner and 2 other members of the Commission must—
(i) make every determination in respect of a designated multinetwork service under section 39; and
(ii) make every pricing review determination under section 51; and
(iii) make every determination in respect of a TSO instrument under section 90; and
(b) the Telecommunications Commissioner must report to the Minister about every alteration to Schedule 1 in any of the ways set out in sections 65 to 67, and the report must include the views of 2 other members of the Commission; and
(c) every function of the Commission under this Act (other than any of the functions set out in paragraphs (a) and (b)) must be performed—
(i) by the Telecommunications Commissioner alone; or
(ii) if the Telecommunications Commissioner requests the chairperson of the Commission to make 2 other members of the Commission available for the performance of a particular function and the chairperson agrees to that request, by the Telecommunications Commissioner and 2 other members of the Commission.
(2) If there is no Telecommunications Commissioner or if the Telecommunications Commissioner is for any reason unable to perform the functions of the Commission that would otherwise have been performed by him or her under this Act,—
(a) those functions must be performed by the chairperson of the Commission; and
(b) every reference in this Act to the Telecommunications Commissioner must, unless the context otherwise requires, be read as a reference to the chairperson of the Commission.
(3) The chairperson of the Commission is responsible for determining which members of the Commission, other than the Telecommunications Commissioner, must perform the functions referred to in subsection (1).
(4) The quorum requirements in section 15(4) of the Commerce Act 1986 do not apply if the Telecommunications Commissioner is performing functions alone under section 10(1)(c)(i).
Section 10 was amended, as from 25 January 2005, by section 200 Crown Entities Act 2004 (2004 No 115) by substituting the word “chairperson”
for the word “Chairman”
in every case where it appears.
Subsection (4) was inserted, as from 25 January 2005, by section 200 Crown Entities Act 2004 (2004 No 115).