Telecommunications Act 2001

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Reprint as at 18 August 2017

Telecommunications Act 2001

Public Act		2001 No 103
Date of assent		19 December 2001
Commencement		see section 2

Note

Changes authorised by subpart 2 of Part 2 of the Legislation Act 2012 have been made in this official reprint.

Note 4 at the end of this reprint provides a list of the amendments incorporated.

This Act is administered by the Ministry of Business, Innovation, and Employment.

1	Title
	Part 1 Preliminary
	Subpart 1—General
2	Commencement
3	Purpose
4	Overview
5	Interpretation
6	Public notice
7	Telecommunications access codes
7A	Transitional, savings, and related provisions
8	Act binds the Crown
	Subpart 2—Commerce Commission
	Telecommunications Commissioner
9	Appointment of Telecommunications Commissioner
9A	Functions of Commission in relation to sector monitoring and information dissemination
10	Performance of Commission’s functions
	Levy
11	Levy
12	Levy for first financial year or part financial year
13	Minister must consult before making recommendation under section 11(3) or section 12(4)
14	Late payment of levy
	Application of Commerce Act 1986
15	Application of Commerce Act 1986 and Crown Entities Act 2004
16	Application of section 98A of Commerce Act 1986
17	Telecommunications Commissioner to consent to delegation of some functions and powers of Commission
	Part 2 Designated services and specified services
	Subpart 1—Preliminary
18	Purpose
19	Commission and Minister must consider purpose set out in section 18 and additional matters
19A	Commission to have regard to economic policies of Government
	Subpart 2—Determinations for designated access services and specified services
	Application
20	Application
21	When application must be treated as application for pricing review determination
22	When application may not be made
22A	Effect of application on existing agreement for supply of designated access service or specified service
23	Requirements for application
	Notification
24	Commission must notify parties
	Investigation
25	Commission must decide whether to investigate
	Consultation
26	Consultation or conferences
	Determination
27	Preparation of determination
28	When determination must be prepared
29	Requirements for determination
30	Matters to be included in determination
	Subpart 2A—Standard terms determinations for designated access services and specified services
	Preliminary
30A	Overview of subpart
30B	Interpretation
	Standard terms development process
30C	When standard terms development process may be initiated
30D	Commission must give public notice if Commission initiates standard terms development process
30E	Commission must conduct scoping workshop
	Standard terms proposal
30F	Call for standard terms proposal
30G	Requirements for standard terms proposal
30H	Failure to submit standard terms proposal
30I	Receipt of standard terms proposal
30J	Requirement for submissions
	Draft standard terms determination
30K	Draft standard terms determination
30L	Consultation or conferences
	Standard terms determination
30M	Standard terms determination
30N	Commission’s discretion to determine how standard terms determination is to be prepared
30O	Matters to be included in standard terms determination: general
30P	Additional matters to be included in standard terms determination for designated access service
30Q	Standard terms determination not to include expiry date
30R	Review of standard terms determination
	Application of standard terms determination
30S	Application of standard terms determination
30T	Effect of standard terms determination on determination made under section 27
	Residual terms determination
30U	Purpose of residual terms determination
30V	Application for residual terms determination
30W	When application may not be made
30X	Requirements for application
30Y	Commission must notify parties
30Z	Commission must decide whether to investigate
30ZA	Consultation or conferences
30ZB	Preparation of residual terms determination
30ZC	Requirements for residual terms determination
30ZD	Matters to be included in residual terms determination
	Subpart 3—Determinations for designated multinetwork services
	Commission may initiate process for designated multinetwork service determination on own initiative
31AA	Commission may initiate process for designated multinetwork service determination on own initiative
	Application
31	Application
32	When application may not be made
33	Requirements for application
	Notification
34	Commission must notify parties
	Investigation
35	Commission must decide whether to investigate
	Draft determination
36	Draft determination
37	Matters to be included in draft determination
38	Consultation, conferences, or public hearing
	Determination
39	Determination
40	Matters to be included in determination
41	Determinations not invalid for certain failures
	Subpart 4—Pricing review determinations for designated access services
	Application
42	Application
43	Requirements for application
	Notification
44	Commission’s requirements on receiving application
	Calculation of price
45	Access provider to calculate price on request
46	Offences [Repealed]
	Draft determination
47	Draft pricing review determination
48	Requirements for draft determination
49	Matters to be included in draft determination
	Consultation
50	Consultation or conferences
	Determination
51	Pricing review determination
52	Matters to be included in determination
	Subpart 5—Supplementary provisions for all determinations
53	Procedure for determinations
54	Applicant may withdraw
55	Commission’s costs
56	Parties’ costs
57	Enforcing directions given under section 55 or section 56(2)
58	Clarification of determination
59	Reconsideration of determination
60	Appeals from certain determinations under Part 2
61	Enforcing determinations of Commission [Repealed]
62	Expiry of determinations
63	Application of Commerce Act 1986
	Subpart 6—Matters relating to regulation-making powers for designated services and specified services
64	Mandatory review of local loop unbundling and access to, and interconnection with, Telecom’s fixed PDN [Repealed]
65	Expiry of designated services and specified services [Repealed]
66	Alterations to Part 2 or Part 3 of Schedule 1
67	Alterations to clauses 1 to 6 of Schedule 1
68	Minister’s recommendation subject to procedure in Schedule 3
68A	Application of Schedule 3A
69	Regulations
	Part 2A Structural separation of Telecom
	Subpart 1—Preliminary provisions
69A	Purpose of Part
69B	Interpretation
	Subpart 2—Monitoring of shared assets, services, and systems
69C	Interpretation
69D	Meaning of arm’s-length
69E	Requirements for sharing arrangements
69F	Commission must be notified of proposed and final sharing arrangements
69G	Obligation to collect and retain information for monitoring purposes
69H	Commission’s monitoring, investigation, and enforcement powers
69I	Commission may give non-compliance notice
69J	Process for responding to non-compliance notice
69K	Commission may decide on appropriate enforcement action if non-compliance persists
69L	Application of pecuniary penalty provisions
69M	Injunction may be granted by High Court
69N	Minister may grant exemption from application of subpart
	Subpart 3—Line of business restrictions
69O	No participation in supply of retail services
69P	Register of non-retail users
69Q	Variations to, and removals from, register
69R	No services above layer 2
69S	No end-to-end services
69T	Enforcement of breaches of sections 69O and 69S
69U	Application of line of business restrictions to related parties of Chorus
69V	Injunctions may be granted by High Court for certain contraventions
	Subpart 4—Undertakings by Chorus
69W	Purposes of subpart
69X	Overview
69XA	Interpretation
69XB	Requirements for undertakings by Chorus relating to supply of certain wholesale telecommunications services
69XC	Implementation of Chorus undertakings
69XD	Chorus must publish Chorus undertakings
69XE	Variation of Chorus undertakings
69XF	Termination of Chorus undertakings
69XG	Enforcement of Chorus undertakings
	Subpart 5—Miscellaneous
	Public Works Act 1981
69XH	Application of Public Works Act 1981
	Resource Management Act 1991 issues
69XI	Requiring authority status under Resource Management Act 1991
69XJ	Designations under Resource Management Act 1991
	Restrictive covenants
69XK	Certain restrictive covenants
	Government Superannuation Fund Act 1956
69XL	Protection of existing members of Government Superannuation Fund
	Subpart 6—Taxation consequences of structural separation
69XM	Interpretation in this subpart
69XN	Purpose
69XO	Depreciation
69XP	Tax effect of distribution of ChorusCo shares
69XQ	Goods and Services Tax Act 1985
69XR	Prepayments
69XS	Expenditure or loss incurred, and amounts derived
69XT	Bad debts
69XU	Unpaid employment expenditure
69XV	Vesting of designated assets and liabilities
69XW	Revenue account property
69XX	Leased assets
69XY	Finance leases: financial arrangements rules
69XZ	Approved issuer levy and administrative status
	Part 2B Information disclosure requirements
69Y	Purpose
69Z	Parameters of Part
69ZA	Interpretation
69ZB	Accounting separation of Telecom [Repealed]
69ZC	Information disclosure by all access providers
69ZD	Miscellaneous provisions relating to Commission’s information disclosure requirements
69ZE	Publication of Commission’s information disclosure requirements
69ZF	Information to be supplied to Commission
69ZG	Commission to publish summaries
69ZH	Reasonable charge may be imposed for providing copies of statements
	Part 3 Telecommunications service obligations
	Subpart 1—TSO instruments
70	Declaration of TSO instruments
71	Deemed TSO instrument
71A	TSO instrument may specify total amount payable by the Crown
72	New KSO does not alter or revoke constitution of Telecom [Repealed]
73	When KSO part of original KSO ceases to have effect [Repealed]
74	Compliance with TSO instrument
75	Variation of TSO instrument
76	When instrument ceases to be TSO instrument
77	Notification of TSO instrument
78	Application of Commerce Act 1986
79	When 2 or more bodies corporate must be treated as 1 person
	Subpart 2—Amounts payable by liable persons to the Crown
	Annual procedure for determining amounts payable by liable persons to the Crown
80	Interpretation
	Requirement to produce certain information [Repealed]
81	Subpart does not apply to certain liable persons
81A	Application of subpart if non-liable person acquires assets of liable person
82	Liable persons must produce information on qualified revenue
	Net cost [Repealed]
83	Liable persons must produce information for purposes of liability allocation determination
84	Commission to prepare draft liability allocation determination
	Amount of revenue received by liable persons in relation to TSO instrument [Repealed]
85	Matters to be included in draft liability allocation determination
	General provision relating to TSO cost allocation determination and TSO cost calculation determination [Repealed]
86	Conferences on draft liability allocation determination
	TSO cost allocation determination [Repealed]
87	Commission to prepare final liability allocation determination
88	Matters to be included in final liability allocation determination
89	Payment by liable persons to the Crown
	General matters
90	Crown use of telecommunications development levy
91	Commission must notify final liability allocation determination before notifying TSO cost calculation determination
	TSO cost calculation determination [Repealed]
92	Annual telecommunications development levy may be reduced by Order in Council
	Subpart 2A—TSO charges payable by the Crown
	Assessment of compliance
93	Assessment of compliance with TSO instrument
93A	Matters to be included in draft TSO cost calculation determination [Repealed]
93B	Conferences on draft TSO cost calculation determination [Repealed]
93C	Commission to prepare final TSO cost calculation determination [Repealed]
93D	Requirements for final TSO cost calculation determination [Repealed]
93E	Matters to be included in final TSO cost calculation determination [Repealed]
	Calculation of amount payable by liable person [Repealed]
93F	Calculation of amount payable by liable person [Repealed]
	TSO provider may request TSO cost calculation determination
94	TSO provider under TSO instrument without specified amount may request TSO cost calculation determination
	Calculation of amount payable by TSO provider [Repealed]
94A	TSO provider who requests TSO cost calculation determination liable for costs in certain circumstances
94B	Withdrawal of request for TSO cost calculation determination
94C	TSO charges deemed to be zero if TSO provider does not request TSO cost calculation determination
	Annual procedure for determining TSO charges payable by the Crown
94D	Calculations of net cost and auditor’s report must be given to Commission
94E	Considerations for determining net cost
94EA	Calculations of net revenue and auditor’s report must be given to Commission
94EB	Considerations for determining net revenue
94F	Commission to prepare draft TSO cost calculation determination
94G	Matters to be included in draft TSO cost calculation determination
94H	Requirements for draft TSO cost calculation determination
94I	Conferences on draft TSO cost calculation determination
94J	Commission to prepare final TSO cost calculation determination
94K	Matters to be included in final TSO cost calculation determination
94L	Payment by the Crown to TSO provider
	Subpart 3—Remedies and miscellaneous
	Remedies
95	Application of sections 96 to 98 to TSO instruments that are company constitutions [Repealed]
96	Power of court to grant relief in respect of TSO instrument
97	Court must take public interest into account
98	Certain matters not to prevent making of order under section 96
99	Amounts identifying particular TSOs in invoices not permitted [Repealed]
	Miscellaneous
100	Right of appeal to High Court
100A	Procedure for determinations
100B	Commission must include information about deemed TSO instrument in TSO cost calculation determinations
100BA	Commission must include information about spending of TSO charges paid in relation to deemed TSO instrument
100C	Duties of Commission in complying with sections 100B and 100BA
101	Regulations
101A	Review of local service TSO arrangements
	Part 4 Networks
	Subpart 1—Network operators and networks generally
	Declarations of network operator status
102	Persons declared to be network operators
103	Ministerial requirements for declaration
104	When declaration must be revoked
105	Declaration made or revoked by notice in Gazette
	Connection to network
106	Operator must agree to connection to network
107	When operator must not agree to connection to network
108	When operator must not refuse to agree to connection to network
109	Regulations
110	Actions for damages for contravention of section 106
111	Injunctions may be granted by High Court for contravention of section 106
	Information requirement
111A	Information about interconnection arrangements
	Misuse of network
112	Misuse of telephone device
113	Indecent telephone calls for pecuniary gain
114	Interception of telecommunications for authorised purposes [Repealed]
115	Offence to use or disclose certain information for unauthorised purposes [Repealed]
	Evidence
116	Computer records
	Subpart 2—Maintenance of networks
	Preliminary
117	Meaning of maintenance
118	Meaning of evidence of authority
118A	Notices under this subpart
119	Criteria for setting reasonable conditions
	Rights of entry to land in respect of lines
120	Application to District Court
121	Court order
122	Contents of court order
123	Service of order
124	Production of order
	Rights of entry to land in respect of existing works and existing lines
125	Rights of entry to land
126	Conditions of entry to land
127	Evidentiary presumption
	Interference with lines
128	Request for removal or trimming of trees
129	Application to District Court
130	Court order
131	Costs of removal or trimming of trees
132	Removal of trees, etc, in emergency
133	Production of authority
134	Costs of removal of trees, etc, in emergency
	Lines or wireless works on roads
135	Construction or repair of lines or wireless works on roads
136	Notice requirement
137	Network operator to be notified of conditions
138	Failure to notify conditions
139	Urgency
140	Offence to not comply with any of sections 135, 136, and 139
141	Appeals by network operators to District Court
	Telephone cabinets, etc, on roads
142	Construction, etc, of telephone cabinets or other similar appliances
143	Network operator to be notified of conditions
144	Failure to notify conditions
145	Urgency
146	Offence not to comply with section 142 or section 145
147	Appeals by network operators to District Court
	Local authority, etc, requiring work to be done
147A	Local authority, etc, may require lines, etc, to be moved
147B	Cost of work required under section 147A
147C	Relationship with section 54 of Government Roading Powers Act 1989
	Miscellaneous
148	Alteration to line or wireless works on road requested by owner
149	Lines must not interfere with public traffic
150	Lines over navigable waters
151	Network operator must avoid interference with traffic
152	Offence to contravene any of sections 149 to 151
153	Charging for access to road reserve
154	Compensation
155	Protection of existing works
	Subpart 3—Access to property, involving rights of multiple parties, to deploy fibre optic media and other technology
	Preliminary
155A	Purpose
155B	Overview
	Statutory right of access to multi-unit complexes [Repealed]
155C	Status of examples
155D	Interpretation
155E	References to fibre optic media, etc, include other prescribed technology
	Process [Repealed]
155F	Relationship with other statutory rights of access
155G	Notices under this subpart
	Nature and application of statutory rights of access under subpart
155H	How long statutory rights of access apply for
155I	Nature of statutory rights of access
	Code [Repealed]
155J	General preconditions for statutory rights of access to apply
	Particular preconditions for category 1 and category 2 installations (in properties other than body corporate administered properties)
155K	Particular preconditions before exercising statutory right of access to carry out category 1 installation
	Consumer complaints system [Repealed]
155L	Particular preconditions before exercising statutory right of access to carry out category 2 installation
155M	Requirements in respect of preliminary notice and design plan for category 2 installations
	Objections to exercise of statutory right of access to carry out category 2 installations
155N	Grounds and time for objecting to exercise of statutory right of access to carry out category 2 installation
155O	Effect of objection to exercise of statutory right of access for category 2 installation
155P	Deemed consent to category 2 installation
	Statutory rights of access to body corporate administered properties
155Q	Statutory right of access to common areas of body corporate administered properties for designing installations
155R	Particular preconditions before exercising statutory right of access to body corporate administered property for carrying out category 1 and 2 installations
155S	Requirements in respect of preliminary notice and design plan given to body corporate
155T	Grounds and time for body corporate objecting to statutory right of access to carry out category 1 or category 2 installation
155U	FTTP service provider or network operator may extend time for body corporate objections
155V	Effect of body corporate objections
155W	Requirement for governing bodies to give unit owners reasons for objections
155X	Deemed consent of body corporate to category 1 or category 2 installation
	Exercising statutory rights of access for category 1 and category 2 installations
155Y	Application of sections 155Z to 155ZB
155Z	How statutory rights of access must be exercised
155ZA	Restrictions on use of access areas during installations, reinstatements, etc
155ZB	Obligation to reinstate property
	Non-prescribed installations
155ZC	Non-prescribed installations
	Ongoing rights of access to installed fibre infrastructure
155ZD	Ongoing rights of access
155ZE	Conditions of ongoing rights
	Protection of interests in installations
155ZF	Protection of interests in installations
	Dispute resolution process
155ZG	Dispute resolution scheme
155ZH	FTTP service providers and network operators exercising statutory access rights must be members of dispute resolution scheme
155ZI	Disputes may be referred to dispute resolution scheme
155ZJ	Determinations binding on members and certain other parties
155ZK	Appeals against determinations
155ZL	Procedure on appeal
155ZM	Compliance with rules, binding settlements, and determinations
155ZN	Levy for regulated dispute resolution scheme
	Regulations and exemption
155ZO	Regulations
155ZP	Exemption from body corporate duties of repair and maintenance
155ZQ	Relationship to other enactments
156	Notices to be in writing [Repealed]
	Subpart 4—Right of access to use existing electricity works for telecommunications and deploying fibre optic cable
155ZR	Purposes
155ZS	Interpretation
155ZT	Right for owners of existing works to enter land and carry out fibre optic works
155ZU	Fibre optic connections that owners of existing works must provide to landowners
	Third party use of existing works
155ZV	Third party use of existing works for carrying out fibre optic works
155ZW	Third party request to use existing works for carrying out fibre optic works
155ZX	Owner of existing works must consider request
155ZY	Requirements on owner of existing works if request refused
155ZZ	Minister may intervene
	Arrangements for third party to use existing works
155ZZA	Conditions of right under section 155ZV
	Rights and obligations concerning exercise of rights
155ZZB	Powers and duties of owners of existing works and landowners
155ZZC	Compensation for damage, etc
	Open access obligations
155ZZD	Services provided using rights under subpart
155ZZE	Power to grant relief in respect of breach of open access obligations
155ZZF	Undertaking under Part 4AA overrides open access obligations under subpart
155ZZG	Right of entry does not affect existing works owner’s rights and obligations under Electricity Act 1992
155ZZH	Regulations
	Part 4AA Services provided using networks developed with Crown funding: Undertakings regime and Commerce Act 1986 authorisations
	Subpart 1—Preliminary provisions
156AA	Overview
156AB	Interpretation
	Subpart 2—Undertakings relating to networks developed with Crown funding as part of UFB initiative
156AC	Purposes
	Requirements for undertakings
156AD	Main requirements for undertakings
156AE	Minister may determine further requirements for undertakings
156AF	Minister must issue and consult on draft determination
156AG	Procedural requirements for determination
	Process for submission and consideration of undertakings
156AH	LFC must submit undertaking for approval by Minister
156AI	Minister may approve or decline undertaking
	Implementation of undertakings
156AJ	Implementation of undertaking
156AK	LFC must publish undertaking
	Variation and termination of undertakings
156AL	Variation of undertaking
156AM	Procedure for variation of undertaking
156AN	Clarification of undertaking
156AO	Termination of undertaking
	Effect of undertakings in relation to unbundling of certain services
156AP	Commission may not recommend or investigate unbundling of point-to-multipoint layer 1 services
	Enforcement of undertakings
156AQ	Enforcement and remedies under Part 4A
156AR	Power of court to grant relief in respect of undertakings
156AS	Interrelationship of remedies
	Subpart 3—Information disclosure by LFCs with undertakings
156AT	Purpose
156AU	Commission must require disclosure by LFCs
156AV	Further powers of Commission relating to information disclosure
156AW	Commission may publish reports, etc, on information collected
	Subpart 4—Undertakings relating to networks developed with Crown funding as part of Rural Broadband Initiative
156AX	Interpretation of this subpart
156AY	Requirements for undertakings under this subpart
156AZ	Application of provisions in subpart 1
	Subpart 5—Commerce Act 1986 authorisations in respect of Rural Broadband Initiative
156AZA	Restrictive trade practices authorisations in respect of Telecom and Vodafone participation in Rural Broadband Initiative
	Subpart 6—Commerce Act 1986 authorisations in respect of Ultra-fast Broadband Initiative
156AZB	Interpretation for this subpart
156AZC	Restrictive trade practices authorisations in respect of participation in Ultra-fast Broadband Initiative
156AZD	Business acquisition authorisations in respect of participation in Ultra-fast Broadband Initiative
	Subpart 7—Commerce Act 1986 authorisations in respect of Rural Broadband Initiative 2 and Mobile Black Spot Fund
156AZE	Interpretation for this subpart
156AZF	Restrictive trade practices authorisations in respect of transactional arrangements for RBI2 and MBSF
	Part 4A Enforcement
	Subpart 1—Enforcement of statutory and regulatory provisions
	Preliminary
156A	Application of section 156B
156B	Enforcement actions that Commission may take
156C	Matters that Commission must take into account in deciding what enforcement action to take
	Civil infringement notice
156D	Civil infringement notice
156E	Objection to civil infringement notice
156F	Commission must consider objection
156G	Effect of withdrawal of civil infringement notice
156H	Consequence of not paying pecuniary penalty specified in civil infringement notice
156I	Right to appeal
156J	Decision on appeal
156K	Commission may publish information about issue of civil infringement notice
	Pecuniary penalty
156L	Pecuniary penalty
156M	Further penalty may be imposed for continuing breach
	Subpart 2—Enforcement of determinations, approved codes, and undertakings
156N	Interpretation
156O	Complaints of breach of enforceable matter
156P	Enforcement by High Court
156Q	Remedies for breach of enforceable matter
156R	Limit on amount of pecuniary penalty
	Part 5 Miscellaneous
157AA	Minister must review regulatory framework
157	Regulations
158	Enactments amended
159	Certain provisions in 1987 Act repealed
160	Transitional provision for declarations made under section 2A of 1987 Act
161	Transitional provision relating to repeal of section 5C of 1987 Act
	Schedule 1AA Transitional, savings, and related matters
	Schedule 1 Designated services and specified services
	Schedule 2 Telecommunications access codes
	Schedule 3 Procedure for altering regulated services
	Schedule 3A Undertakings
	Schedule 3B Annual telecommunications development levy
	Schedule 3C Dispute resolution scheme
	Schedule 4 Enactments amended
	Telecommunications Amendment Act (No 2) 2006
	Infrastructure (Amendments Relating to Utilities Access) Act 2010
	Telecommunications (TSO, Broadband, and Other Matters) Amendment Act 2011
	Reprint notes

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