Telecommunications (Regulated Fibre Service Providers) Regulations 2019

Version as at 1 July 2022

Coat of Arms of New Zealand

Telecommunications (Regulated Fibre Service Providers) Regulations 2019

(LI 2019/275)

Patsy Reddy, Governor-General

Order in Council

At Wellington this 18th day of November 2019

Present:
The Right Hon Jacinda Ardern presiding in Council

Note

The Parliamentary Counsel Office has made editorial and format changes to this version using the powers under subpart 2 of Part 3 of the Legislation Act 2019.

Note 4 at the end of this version provides a list of the amendments included in it.

These regulations are administered by the Ministry of Business, Innovation, and Employment.

These regulations are made under section 226 of the Telecommunications Act 2001

(a)

on the advice and with the consent of the Executive Council; and

(b)

on the recommendation of the Minister of Broadcasting, Communications and Digital Media given in accordance with section 226 of that Act.

Regulations

1 Title

These regulations are the Telecommunications (Regulated Fibre Service Providers) Regulations 2019.

2 Commencement

(1)

Regulation 6 comes into force on 31 December 2021.

(2)

The rest of these regulations come into force on 20 December 2019.

3 Interpretation

In these regulations, unless the context otherwise requires, Act means the Telecommunications Act 2001.

4 Transitional, savings, and related provisions

The transitional, savings, and related provisions (if any) set out in Schedule 1 have effect according to their terms.

4A Overview

(1)

These regulations prescribe persons who provide fibre fixed line access services as being subject to information disclosure regulation and price-quality regulation under the Act.

(2)

See also the Telecommunications (Regulated Fibre Services) Regulations 2021, which declare certain fibre fixed line access services to be anchor services or direct fibre access services, with the result that a regulated fibre service provider who is subject to price-quality regulation must provide those services under the Act (see sections 198 and 199).

(3)

This regulation is only a guide to the general scheme and effect of these regulations.

Regulation 4A: inserted, on 31 December 2021, by regulation 18 of the Telecommunications (Regulated Fibre Services) Regulations 2021 (LI 2021/259).

5 Persons subject to information disclosure regulation

Each person set out in column 1 of the following table is subject to information disclosure regulation under Part 6 of the Act in respect of the services set out in column 2:

Column 1Column 2
Person subject to information disclosure regulationServices subject to regulation
Chorus LimitedAll fibre fixed line access services
Enable Networks LimitedAll fibre fixed line access services
Northpower Fibre LimitedAll fibre fixed line access services
Tuatahi First Fibre LimitedAll fibre fixed line access services

Regulation 5: amended, on 1 July 2022, by regulation 4(1) of the Telecommunications (Regulated Fibre Service Providers) Amendment Regulations 2022 (SL 2022/156).

Regulation 5: amended, on 1 July 2022, by regulation 4(2) of the Telecommunications (Regulated Fibre Service Providers) Amendment Regulations 2022 (SL 2022/156).

6 Persons subject to price-quality regulation

Each person set out in column 1 in the following table is subject to price-quality regulation under Part 6 of the Act in respect of the services set out in column 2:

Column 1Column 2
Person subject to price-quality regulationServices subject to regulation
Chorus LimitedAll fibre fixed line access services, except to the extent that a service is provided in a geographical area where a regulated fibre service provider (other than Chorus Limited) has installed a fibre network as part of the UFB initiative

Schedule 1 Transitional, savings, and related provisions

r 4

Part 1 Provisions relating to these regulations as made

There are no transitional, savings, or related provisions relating to these regulations as made.

Michael Webster,
Clerk of the Executive Council.

Issued under the authority of the Legislation Act 2019.

Date of notification in Gazette: 21 November 2019.

Notes
1 General

This is a consolidation of the Telecommunications (Regulated Fibre Service Providers) Regulations 2019 that incorporates the amendments made to the legislation so that it shows the law as at its stated date.

2 Legal status

A consolidation is taken to correctly state, as at its stated date, the law enacted or made by the legislation consolidated and by the amendments. This presumption applies unless the contrary is shown.

Section 78 of the Legislation Act 2019 provides that this consolidation, published as an electronic version, is an official version. A printed version of legislation that is produced directly from this official electronic version is also an official version.

3 Editorial and format changes

The Parliamentary Counsel Office makes editorial and format changes to consolidations using the powers under subpart 2 of Part 3 of the Legislation Act 2019. See also PCO editorial conventions for consolidations.

4 Amendments incorporated in this consolidation

Telecommunications (Regulated Fibre Service Providers) Amendment Regulations 2022 (SL 2022/156)

Telecommunications (Regulated Fibre Services) Regulations 2021 (LI 2021/259): regulation 18