New Zealand Legislation: Acts
Acts are laws made by Parliament
(1) Despite section 20, no person may apply for a determination if—
(a) [Repealed]
(b) [Repealed]
(c) that person has not made reasonable attempts to negotiate the terms of supply of the service with the person who would otherwise be a party to the determination; or
(ca) the standard terms development process for the service is proceeding or a standard terms determination for the service is in force; or
(d) the applicable conditions in relation to the service (if any) have not been met.
(2) However, subsection (1)(ca) does not prevent a person from applying for a residual terms determination under section 30V.
(3) The Commission may investigate whether subsection (1)(d) applies either at the time—
(a) it receives an application made under section 20; or
(b) it prepares a determination under section 27.
(4) However, if the Commission is satisfied, at any time, that the applicable conditions in relation to the service have not been met, the Commission must discontinue—
(a) all of its investigation; or
(b) as the case may be, that part of its investigation that relates to the market in which those conditions have not been met.
Paragraphs (a) and (b) were repealed, as from 22 December 2006, by section 10(1) Telecommunications Amendment Act (No 2) 2006 (2006 No 83). See sections 62 to 66 of that Act for the transitional provisions.
Paragraph (ca) was inserted, as from 22 December 2006, by section 10(2) Telecommunications Amendment Act (No 2) 2006 (2006 No 83). See sections 62 to 66 of that Act for the transitional provisions.
Subsections (2) to (4) were inserted, as from 22 December 2006, by section 10(3) Telecommunications Amendment Act (No 2) 2006 (2006 No 83). See sections 62 to 66 of that Act for the transitional provisions.