Telecommunications Amendment Act (No 2) 2006

Reprint as at 13 November 2018

Telecommunications Amendment Act (No 2) 2006

Public Act
 
2006 No 83
Date of assent
 
18 December 2006
Commencement
 
see section 2
Note

Changes authorised by subpart 2 of Part 2 of the Legislation Act 2012 have been made in this eprint. See the notes at the end of this eprint for further details.

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

Contents

1Title
2Commencement
3Principal Act amended
4Overview
5Interpretation
6Telecommunications access codes
7New section 9A inserted
9AFunctions of Commission in relation to sector monitoring and information dissemination
8Commission and Minister must consider purpose set out in section 18 and additional matters
9New section 19A inserted
19ACommission to have regard to economic policies of Government
10When application may not be made
11New section 22A inserted
22AEffect of application on existing agreement for supply of designated access service or specified service
12Matters to be included in determination
13New subpart 2A inserted
30AOverview of subpart
30BInterpretation
30CWhen standard terms development process may be initiated
30DCommission must give public notice if Commission initiates standard terms development process
30ECommission must conduct scoping workshop
30FCall for standard terms proposal
30GRequirements for standard terms proposal
30HFailure to submit standard terms proposal
30IReceipt of standard terms proposal
30JRequirement for submissions
30KDraft standard terms determination
30LConsultation or conferences
30MStandard terms determination
30NCommission’s discretion to determine how standard terms determination is to be prepared
30OMatters to be included in standard terms determination: general
30PAdditional matters to be included in standard terms determination for designated access service
30QStandard terms determination not to include expiry date
30RReview of standard terms determination
30SApplication of standard terms determination
30TEffect of standard terms determination on determination made under section 27
30UPurpose of residual terms determination
30VApplication for residual terms determination
30WWhen application may not be made
30XRequirements for application
30YCommission must notify parties
30ZCommission must decide whether to investigate
30ZAConsultation or conferences
30ZBPreparation of residual terms determination
30ZCRequirements for residual terms determination
30ZDMatters to be included in residual terms determination
14New heading and section 31AA inserted
31AACommission may initiate process for designated multinetwork service determination on own initiative
15New section 34 substituted
34Commission must notify parties
16Commission must decide whether to investigate
17Application
18Requirements for application
19Commission’s requirements on receiving application
20Access provider to calculate price on request
21Section 46 repealed
22Matters to be included in draft determination
23Matters to be included in determination
24Applicant may withdraw
25Commission’s costs
26Clarification of determination
27Reconsideration of determination
28Section 61 repealed
29New section 62 substituted
62Expiry of determinations
30Sections 64 and 65 repealed
31New sections 68 and 68A substituted
68Minister’s recommendation subject to procedure in Schedule 3
68AApplication of Schedule 3A
32New Parts 2A and 2B inserted
69APurposes
69BOverview
69CInterpretation
69DMain requirements for separation plan
69EMeaning of equivalence
69FMinister must determine further requirements for separation plan
69GHow Ministerial determination of further requirements may be made
69HPreparation of draft separation plan
69IMinister must invite public comments on draft separation plan
69JAmendment of separation plan after public comments
69KMinister may approve, or decline to approve, separation plan
69LMinister may amend separation plan to give better effect to this Part
69MFailure to submit separation plan
69NImplementation of separation plan
69OTelecom must publish separation plan
69PEmployees
69QEnforcement and remedies under Part 4A
69RPower of Court to grant relief in respect of separation undertakings
69SInterrelationship of remedies
69TVariation of separation plan
69UVariation by agreement
69VVariation by Minister
69WVariation by Telecom
69XCommission may request variation
69YPurpose
69ZParameters of Part
69ZAInterpretation
69ZBAccounting separation of Telecom
69ZCInformation disclosure by all access providers
69ZDMiscellaneous provisions relating to Commission’s information disclosure requirements
69ZEPublication of Commission’s information disclosure requirements
69ZFInformation to be supplied to Commission
69ZGCommission to publish summaries
69ZHReasonable charge may be imposed for providing copies of statements
33Declaration of TSO instruments
34New section 71A inserted
71ATSO instrument or deemed TSO instrument may specify total amount payable by all liable persons
35Compliance with TSO instrument
36New section 79 substituted
79When 2 or more bodies corporate must be treated as 1 person
37Assessment of compliance with TSO instrument
38New heading inserted
39Liable persons and TSP must produce certain information to Commission
40Section 82 repealed
41Calculations of net cost and auditor’s report must be given to Commission
42Considerations for determining net cost
43Considerations for determining which revenue basis to use
44New headings and sections 86 to 93F substituted
86Commission may determine priority between preparation of TSO cost allocation determination and TSO cost calculation determination
87Commission to prepare draft TSO cost allocation determination
88Matters to be included in draft TSO cost allocation determination
89Conferences on draft TSO cost allocation determination
90Commission to prepare final TSO cost allocation determination
91Matters to be included in final TSO cost allocation determination
92Commission to prepare draft TSO cost calculation determination
93Requirements for draft TSO cost calculation determination
93AMatters to be included in draft TSO cost calculation determination
93BConferences on draft TSO cost calculation determination
93CCommission to prepare final TSO cost calculation determination
93DRequirements for final TSO cost calculation determination
93EMatters to be included in final TSO cost calculation determination
93FCalculation of amount payable by liable person
45Payment by liable persons to TSP
46New heading and section 94A inserted
94AISO provider must meet residual amount from calculation of TSO charge
47Power of Court to grant relief in respect of TSO instrument
48Certain matters not to prevent making of order under section 96
49Right of appeal to High Court
50New sections 100A to 100C inserted
100AProcedure for determinations
100BCommission must include information about deemed TSO instrument in TSO cost calculation determinations
100CDuties of Commission in complying with section 100B
51Regulations
52Persons declared to be network operators
53New heading and section 111A inserted
111AInformation about interconnection arrangements
54New Parts 4A and 4B inserted
156AApplication of section 156B
156BEnforcement actions that Commission may take
156CMatters that Commission must take into account in deciding what enforcement action to take
156DCivil infringement notice
156EObjection to civil infringement notice
156FCommission must consider objection
156GEffect of withdrawal of civil infringement notice
156HConsequence of not paying pecuniary penalty specified in civil infringement notice
156IRight to appeal
156JDecision on appeal
156KCommission may publish information about issue of civil infringement notice
156LPecuniary penalty
156MFurther penalty may be imposed for continuing breach
156NInterpretation
156OComplaints of breach of enforceable matter
156PEnforcement by High Court
156QRemedies for breach of enforceable matter
156RLimit on amount of pecuniary penalty
156SCommencement of this Part
156TProcess to apply before Part may be commenced
156UPurpose of this Part
156UAAppointment of consumer complaints system
156VInterpretation
156WPower to exempt service providers from application of consumer complaints system
156XObjectives of consumer complaints system
156YRequirements for consumer complaints system
156YAObligation to publish rules
156YBDuty to notify change to rules
156YCMinister’s consideration of change of rules
156ZAppointment of consumer complaints adjudicator
156ZAQualification for appointment as consumer complaints adjudicator
156ZBRevocation of appointment
156ZCFunctions and duties of consumer complaints adjudicator
156ZDPowers of consumer complaints adjudicator in relation to complaints
156ZEConsumer complaints adjudicator may seek agreed settlement or order compensation
156ZFRight of appeal
156ZGPurpose of subpart
156ZHConsumer complaints levy
156ZILate payment of consumer complaints levy
156ZJConsultation requirements for making Order in Council or regulation under this Part
55Regulations
56Schedule 1 amended
57Schedule 2 amended
58Schedule 3 amended
59New Schedule 3A inserted
60Telecommunications (Fixed Public Data Network) Order 2004 revoked
61Amendments to Telecommunications Operators (Commerce Commission Costs) Levy Regulations 2002
62Transitional provision for uncompleted determinations under section 27
63Transitional provision for TSO determinations
64Transitional provision for enforcement of determinations and approved codes made before commencement of this Act
65Transitional provision for descriptions of services in existing determinations
66Transitional provision for uncompleted Schedule 3 investigations
Reprint notes

The Parliament of New Zealand enacts as follows: