Telecommunications (New Regulatory Framework) Amendment Act 2018

  • A correction has been made to section 33 on 17 December 2018 under section 25(1)(j)(iii) of the Legislation Act 2012.
Coat of Arms of New Zealand

Telecommunications (New Regulatory Framework) Amendment Act 2018

Public Act
 
2018 No 48
Date of assent
 
12 November 2018
Commencement
 
see section 2

Contents

1Title
2Commencement
3Principal Act
4Section 5 amended (Interpretation)
5Section 6 replaced (Public notice)
6Public notice
6Section 19 amended (Commission and Minister must consider purpose set out in section 18 and additional matters)
7Section 66 amended (Alterations to Part 2 or Part 3 of Schedule 1)
8New Part 2AA inserted
69AAPurpose
69ABSpecified fibre areas
69ACWithdrawal of copper fixed line access services
69ADWithdrawal of certain designated access services
69AEApplication of certain TSO instruments in specified fibre areas
69AFCopper withdrawal code
69AGContinued application of certain standard terms determinations
69AHSchedule 3 modified for investigation of certain copper services
9Section 69XA amended (Interpretation)
10New section 85A inserted (Certain revenue from broadcasting services must be excluded from qualified revenue)
85ACertain revenue from broadcasting services must be excluded from qualified revenue
11Section 157 amended (Regulations)
12Schedule 1AA amended
13Schedule 1 amended
14New Schedule 2A inserted
15Schedule 3 amended
16Schedule 3A amended
17Section 10 amended (Performance of Commission’s functions)
18Section 11 amended (Levy)
19Section 12 amended (Levy for first financial year or part financial year)
20Section 15 amended (Application of Commerce Act 1986 and Crown Entities Act 2004)
21Section 19A amended (Commission to have regard to economic policies of Government)
22New section 156ANA inserted (Amendment or consolidation of undertaking)
156ANAAmendment or consolidation of undertaking
23Section 156AZ amended (Application of provisions in subpart 1)
24New Part 6 inserted
162Purpose
163Overview
164Interpretation
165Meaning and application of claw-back
166Matters to be considered by Commission and Minister
167Regulation of fibre fixed line access services
168Information disclosure regulation
169Price-quality regulation
170Determinations by Commission under this section
171Determinations must reflect actual costs of Crown financing
172When Commission must make initial section 170 determinations
173Amendment of section 170 determination
174Purpose of input methodologies
175How input methodologies apply
176Matters covered by input methodologies
177Initial value of fibre assets
178When input methodologies must be determined
179Commission process for determining input methodologies
180Publication of input methodologies
181Changes to input methodologies
182Review and date of publication of input methodologies
183Appeals against input methodology determinations
184Process for appeals
185Input methodology applies pending outcome of appeal
186Purpose of information disclosure regulation
187Effect of being subject to information disclosure regulation
188Section 170 determination to set out information disclosure requirements
189Consolidated information may also be required
190Charge for providing copies to public
191Limited exception to obligation to apply input methodologies
192Purpose of price-quality regulation
193Effect of being subject to price-quality regulation
194Section 170 determination to set out price-quality path requirements
195Maximum revenues specified in initial price-quality paths
196Wash-up mechanism for maximum revenues specified in initial price-quality paths
197Smoothing revenues and prices
198Anchor services
199Direct fibre access services
200Unbundled fibre services
201Geographically consistent pricing
202Exceptions from section 201 for trials
203Making new section 170 determination
204What happens to price-quality path if input methodologies change
205Application of Commerce Act 1986
206Modification of undertakings under section 156AD
207Regulatory periods
208Anchor services review
209Price-quality review
210Deregulation review
211Application of Schedule 3
212Pecuniary penalty for contravening information disclosure requirement
213Order requiring information disclosure requirement to be complied with
214Offences relating to information disclosure regulation
215Pecuniary penalty for contravening price-quality requirements
216Compensation for contravention of price-quality requirement
217Offence relating to price-quality regulation
218Injunction and other orders relating to price-quality regulation
219Proceedings for pecuniary penalties
220Evidence not otherwise admissible
221Powers of Commission under this Part
222Power to exempt disclosure of commercially sensitive information
223Material may be incorporated by reference
224Appeals in relation to Commission determinations
225Order for reset date
226Persons subject to regulation under Part 6
227Anchor services
228Direct fibre access services
229Unbundled fibre services
230Regulations under sections 228 and 229 may modify undertaking under section 156AD
231Specified points of interconnection
25Section 9A replaced (Functions of Commission in relation to sector monitoring and information dissemination)
9AFunctions of Commission in relation to sector monitoring and information dissemination
26New section 10A inserted (Power to require supply of information to support functions of monitoring and reporting on retail service quality)
10APower to require supply of information to support functions of monitoring and reporting on retail service quality
27New sections 69SA and 69SB inserted
69SAExemptions from sections 69R and 69S
69SBOther provisions relating to exemptions
28Section 156A amended (Application of section 156B)
29Section 156B amended (Enforcement actions that Commission may take)
30New section 156BA inserted (Enforcement actions that end-user may take)
156BAEnforcement actions that end-user may take
31New sections 156CA and 156CB and cross-heading inserted
156CACommission may accept undertakings
156CBEnforcement of undertakings
32New sections 156MA to 156MD and cross-headings inserted
156MAOrder to disclose information or publish advertisement
156MBOther orders for breach of Commission code
156MCOther orders for breach of copper withdrawal code
156MDInjunctions for breach of copper withdrawal code
33Section 156T replaced (Process to apply before Part may be commenced)
156TProcess to apply before Part may be commenced
34Section 156UA amended (Appointment of consumer complaints system)
35Section 156Y amended (Requirements for consumer complaints system)
36New Part 7 inserted
232Interpretation
233Purpose of retail service quality code
234Commission may issue guidelines
235Commission review of industry retail service quality codes
236Commission retail service quality code
237Contents of Commission retail service quality code
238Commission 111 contact code
239Process for making or amending Commission code
240Dispute resolution scheme
241Disputes may be referred to industry dispute resolution scheme
242Determinations binding on scheme members and certain other parties
243Appeals against determinations
244Procedure on appeal
245Compliance with rules, binding settlements, and determinations
246Commission review of industry dispute resolution schemes
247Purpose of dispute resolution scheme
248Purpose of dispute resolution provider
249Interrelationship of remedies
37Amendments to replace references to Telecom
38Repeals
39Consequential amendments to principal Act
40Consequential amendments to other Acts
41Miscellaneous amendments
Legislative history
Administrative information

The Parliament of New Zealand enacts as follows: