Source document: https://docs-lawep.s3.us-east-2.amazonaws.com/1698839675385.pdf (New Zealand)
Reprint as at 28 May 2015 Telecommunications Act 2001 Public Act 2001 No 103 Date of assent 19 December 2001 Commencement see section 2 Title Contents Part 1 Preliminary Subpart 1—General Commencement Purpose Overview Interpretation Public notice Telecommunications access codes Act binds the Crown Subpart 2—Commerce Commission Telecommunications Commissioner Appointment of Telecommunications Commissioner Functions of Commission in relation to sector monitoring and information dissemination Performance of Commission’s functions Page 15 16 16 16 17 26 27 27 27 28 28 9A 10 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 Telecommunications Act 2001 Reprinted as at 28 May 2015 Levy Levy Levy for first financial year or part financial year Minister must consult before making recommendation under section 11(3) or section 12(4) Late payment of levy Application of Commerce Act 1986 Application of Commerce Act 1986 and Crown Entities Act 2004 Application of section 98A of Commerce Act 1986 Telecommunications Commissioner to consent to delegation of some functions and powers of Commission Part 2 Designated services and specified services Subpart 1—Preliminary Purpose Commission and Minister must consider purpose set out in section 18 and additional matters Commission to have regard to economic policies of Government Subpart 2—Determinations for designated access services and specified services Application Application When application must be treated as application for pricing review determination When application may not be made Effect of application on existing agreement for supply of designated access service or specified service Requirements for application Commission must notify parties Notification Investigation Commission must decide whether to investigate Consultation Consultation or conferences Determination Preparation of determination When determination must be prepared Requirements for determination Matters to be included in determination 19A 20 21 22 22A 23 24 25 26 27 28 29 30 2 Reprinted as at 28 May 2015 Telecommunications Act
 2001 Subpart 2A—Standard terms determinations for designated access services and specified services Preliminary Overview of subpart Interpretation Standard terms development process When standard terms development process may be initiated Commission must give public notice if Commission initiates standard terms development process Commission must conduct scoping workshop Standard terms proposal Call for standard terms proposal Requirements for standard terms proposal Failure to submit standard terms
 proposal Receipt of standard terms proposal Requirement for submissions Draft standard terms determination Draft standard terms determination Consultation or conferences Standard terms determination Standard terms determination Commission’s discretion to determine how standard terms determination is to be prepared Matters to be included in standard terms determination: general Additional matters to be included in standard terms determination for designated access service Standard terms determination not to include expiry date Review of standard terms determination Application of standard terms determination Application of standard terms determination Effect of standard terms determination on determination made under section 27 Residual terms determination 30A 30B 30C 30D 30E 30F 30G 30H 30I 30J 30K 30L 30M 30N 30O 30P 30Q 30R 30S 30T Purpose of residual terms determination Application for residual terms determination 30U 30V 30W When application may not be made 30X 30Y 30Z 30ZA Consultation or conferences Requirements for application Commission must notify parties Commission must decide whether to investigate 40 40 41 41 41 42 42 43 44 44 44 45 46 46 46 47 48 48 49 49 50 50 51 51 52 52 52 3 Telecommunications Act 2001 Reprinted as at 28 May 2015 Preparation of residual terms determination 30ZB 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 Application When application may not be made Requirements for application Commission must notify parties Notification Investigation Commission must decide whether to investigate Draft determination Draft determination Matters to be included in draft determination Consultation, conferences, or
 public hearing Determination Determination Matters to be included in determination Determinations not invalid for certain failures Subpart 4—Pricing review determinations for designated access services Application Application Requirements for application Commission’s requirements on receiving application Notification Calculation of price Access provider to calculate price on request Offences [Repealed] Draft determination Draft pricing review determination Requirements for draft determination Matters to be included in draft determination Reprinted as at 28 May 2015 Telecommunications Act 2001 Consultation Consultation or conferences Determination Pricing review determination Matters to be included in determination Subpart 5—Supplementary provisions for all determinations Procedure for determinations Applicant may withdraw Commission’s costs Parties’ costs Enforcing directions given under section 55 or section 56(2) Clarification of determination Reconsideration of determination Appeals from certain determinations under Part 2 Enforcing determinations of Commission [Repealed] Expiry of determinations Application of Commerce Act 1986 Subpart 6—Matters relating to regulation-making powers for designated services and specified services Mandatory review of local loop unbundling and access to, and interconnection with, Telecom’s fixed PDN
 [Repealed] Expiry of designated services and specified services [Repealed] Alterations to Part 2 or Part 3 of Schedule 1 Alterations to clauses 1 to 6 of Schedule 1 Minister’s recommendation subject to procedure in Schedule 3 Application of Schedule 3A Regulations Part 2A Structural separation of Telecom Subpart 1—Preliminary provisions Purpose of Part Interpretation Subpart 2—Monitoring of shared assets, services, and systems Interpretation Meaning of arm’s-length Requirements for sharing arrangements
 Commission must be notified of proposed and final sharing arrangements Obligation to collect and retain information for monitoring purposes Commission’s monitoring, investigation, and enforcement powers 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 68A 69 69A 69B 69C 69D 69E 69F 69G 69H Telecommunications Act 2001 Reprinted as at 28 May 2015 69I 69J 69K 69L 69M 69N 69O 69P 69Q 69R 69S 69T 69U 69V Commission may give non-compliance notice Process for responding to non-compliance notice Commission may decide on appropriate enforcement action if non- compliance persists Application of pecuniary penalty provisions Injunction may be granted by High Court Minister may grant exemption from application of subpart Subpart 3—Line of business restrictions No participation in supply of retail services Register of non-retail users Variations to, and removals from, register No services above layer 2 No end-to-end services Enforcement of breaches of sections 69O and 69S Application of line of business restrictions to related parties of Chorus Injunctions may be granted by High Court for certain contraventions Subpart 4—Undertakings by Chorus 69W Purposes of subpart Overview 69X 69XA Interpretation 69XB Requirements for undertakings by Chorus relating to supply of certain wholesale telecommunications services Implementation of Chorus undertakings 69XC 69XD Chorus must publish Chorus
 undertakings 69XE Variation of Chorus undertakings Termination of Chorus undertakings 69XF 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 69XJ Requiring authority status under Resource Management Act 1991 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 6 72 73 73 74 74 74 75 75 76 76 77 77 78 78 79 79 79 81 82 82 83 83 83 83 84 84 85 86 Reprinted as at 28 May 2015 Telecommunications Act 2001 Subpart 6—Taxation consequences of structural separation Tax effect of distribution of ChorusCo shares 69XM Interpretation in this subpart 69XN Purpose 69XO Depreciation 69XP 69XQ Goods and Services Tax Act 1985 69XR 69XS 69XT 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 Prepayments Expenditure or loss incurred, and amounts derived Bad debts Part 2B Information disclosure requirements Purpose Parameters of Part 69Y 69Z 69ZA Interpretation 69ZB 69ZC 69ZD Miscellaneous provisions relating to Commission’s information Accounting separation of Telecom [Repealed] Information disclosure by all access providers disclosure requirements Publication of Commission’s information disclosure requirements Information to be supplied to Commission 69ZE 69ZF 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 71 71A 72 73 74 75 76 77 78 Declaration of TSO instruments Deemed TSO instrument TSO instrument may specify total amount payable by the Crown New KSO does not alter or revoke constitution
 of Telecom [Repealed] When KSO part of original KSO ceases to have effect [Repealed] Compliance with TSO instrument Variation of TSO instrument When instrument ceases to be TSO instrument Notification of TSO instrument Application of Commerce Act Telecommunications Act 2001 Reprinted as at 28 May 2015 79 When 2 or more bodies corporate must be treated as 1 person 102 Subpart 2—Amounts
 payable by liable persons to the Crown Annual procedure for determining amounts payable by liable persons to the Crown 80 Interpretation 81 82 83 84 Requirement to produce certain information [Repealed] Subpart does not apply to certain liable persons Liable persons must produce information on qualified revenue Net cost [Repealed] Liable persons must produce information for purposes of liability allocation determination Commission to prepare draft liability allocation determination Amount of revenue received by liable persons in relation to TSO instrument [Repealed] 103 104 104 105 105 85 Matters to be included in draft liability allocation determination 105 General provision relating to TSO cost allocation determination and TSO cost calculation determination 86 Conferences on draft liability allocation determination [Repealed] TSO cost allocation determination [Repealed] Commission to prepare final liability allocation determination Matters to be included in final liability allocation determination Payment by liable persons to the Crown General matters Crown use of telecommunications development levy Commission must notify final liability allocation determination before notifying TSO cost calculation determination TSO cost calculation determination [Repealed] Annual telecommunications development levy may be reduced by Order in Council 87 88 89 90 91 92 8 106 106 107 107 107 108 108 Reprinted as at 28 May 2015 Telecommunications Act 2001 93 93A 93B 93C 93D 93E
 Subpart 2A—TSO charges payable by the Crown Assessment of compliance Assessment of compliance with TSO instrument Matters to be included in draft TSO cost calculation determination [Repealed] Conferences on draft TSO cost calculation determination [Repealed] Commission to prepare final TSO cost calculation determination [Repealed] Requirements for final TSO cost calculation determination [Repealed] 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 94A 94B 94C 94D Calculation of amount payable by TSO provider [Repealed] TSO provider who requests TSO cost calculation determination liable for costs in certain circumstances Withdrawal of request for TSO cost calculation determination 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 Calculations of net cost and auditor’s report must be given to Commission Considerations for determining net cost 94E 94EA Calculations of net revenue and auditor’s report must be given to 94EB 94F 94G 94H 94I 94J 94K 94L Commission Considerations for determining net revenue Commission to prepare draft TSO cost calculation determination Matters to be included in draft TSO cost calculation determination Requirements for draft TSO cost calculation determination Conferences on draft TSO cost calculation determination Commission to prepare final TSO cost calculation determination Matters to be included in final TSO cost calculation determination Payment by the Crown to TSO provider 109 109 109 109 109 109 110 110 110 111 111 111 112 113 113 114 114 115 115 115 116 117 9 Telecommunications Act 2001 Reprinted as at 28 May 2015
 Subpart 3—Remedies and miscellaneous Remedies 95 96 97 98 99 Application of sections 96 to 98 to TSO instruments that are company constitutions [Repealed] Power of court to grant relief in respect of TSO instrument Court must take public interest into account Certain matters not to prevent making of order under section 96 Amounts identifying particular TSOs in invoices not permitted [Repealed] Miscellaneous 100 100A 100B Right of appeal to High Court Procedure for determinations Commission must include
 information about deemed TSO instrument in TSO cost calculation determinations 100C 100BA Commission must include information about spending of TSO charges paid in relation to deemed TSO instrument Duties of Commission in complying with sections 100B and 100BA Regulations Review of local service TSO arrangements 101 101A Part 4 Networks Subpart 1—Network operators and networks generally Declarations of network operator status Persons declared to be network operators Ministerial requirements for declaration When declaration must be revoked Declaration made or revoked by notice in Gazette Connection to network Operator must agree to connection to network When operator must not agree to connection to network When operator must not refuse to agree to connection to network Regulations Actions for damages for contravention of section 106 Injunctions may be granted by High Court for contravention of section 106 102 103 104 105 106 107 108 109 110 111 111A Information about interconnection arrangements Information requirement Misuse of network 112 Misuse of telephone device 10 118 118 119 119 119 119 120 120 121 121 122 123 125 126 126 126 126 127 127 128 128 128 129 129 Reprinted as at 28 May 2015 Telecommunications Act 2001 113 114 115 Indecent telephone calls for pecuniary gain Interception of telecommunications for authorised purposes [Repealed] Offence to use or disclose certain information for unauthorised purposes [Repealed] 116 Computer records Evidence Subpart
 2—Maintenance of networks Preliminary 117 118 118A 119 Meaning of maintenance Meaning of evidence of authority Notices under this subpart Criteria for setting reasonable conditions Rights of entry to land in respect of lines 120 121 122 123 124 125 126 127 128 129 130 131 132 133 134 135 136 137 138 139 140 141 Application to District Court Court order Contents of court order Service of order Production of order Rights of entry to land in respect of existing works and existing lines Rights of entry to land
 Conditions of entry to land Evidentiary presumption Interference with lines Request for removal or trimming of trees Application to District Court Court order Costs of removal or trimming of trees Removal of trees, etc, in emergency Production of authority Costs of removal of trees, etc, in emergency Lines or wireless works on roads Construction or repair of lines or wireless works on roads Notice requirement Network operator to be notified of conditions Failure to notify conditions Urgency Offence to not comply with any of sections 135, 136, and 139 Appeals by network operators to District Court Telecommunications Act 2001 Reprinted as at 28 May 2015 142 143 144 145 146 147 147A 147B 147C 148 149 150 151 152 153 154 155 Telephone cabinets, etc, on roads Construction, etc, of telephone cabinets or other similar appliances Network operator to be notified of conditions Failure to notify conditions Urgency Offence not to comply with section 142 or section 145 Appeals by network operators to District Court Local authority, etc, requiring work to be done Local authority, etc, may require lines, etc, to be moved Cost of work required under section 147A Relationship with section 54 of Government Roading Powers Act 1989 Miscellaneous Alteration to line or wireless works on road requested by owner Lines must not interfere with public traffic Lines
 over navigable waters Network operator must avoid interference with traffic Offence to contravene any of sections 149 to 151 Charging for access to road reserve Compensation Protection of existing works Subpart 3—Access to multi-unit complexes to which fibre-to-the- premises is to be deployed 155A 155B Overview Interpretation Statutory right of access to multi-unit complexes 155C 155D 155E Nature of statutory right of access to multi-unit complexes Preconditions before statutory right of access to multi-unit
 complexes may be exercised How statutory right of access to multi-unit complex must be exercised Process 155F 155G 155H 155I Requirements in respect of preliminary notice Opting out of providing access under subpart Requirements in respect of second notice Access orders from District Court Code 155J 155K Preparation of Code Approval and status of Code 138 139 139 139 140 140 140 141 142 143 143 143 143 143 144 144 144 144 145 146 146 147 147 148 148 149 150 151 12 Reprinted as at 28 May 2015 Telecommunications Act 2001 Consumer complaints system Compliance with rules and binding settlements 155L 155M Offence to fail to comply with District Court order 156 Notices to be in writing [Repealed] 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 151 152 152 153 153 155 155 156 157 157 158 158 158 159 159 159 160 160 160 161 161 161 162 13 Telecommunications Act 2001 Reprinted as at 28 May 2015 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 1 162 163 164 164 164 165 Subpart 5—Commerce Act 1986 authorisations in respect of Rural Broadband Initiative 156AZA Restrictive trade practices authorisations in respect of Telecom and 165 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 Part 4A Enforcement Subpart 1—Enforcement of statutory and regulatory provisions Preliminary 156A 156B 156C Matters that Commission must take into account in deciding what
 Application of section 156B Enforcement actions that Commission may take enforcement action to take Civil infringement notice 156D 156E 156F 156G 156H 156I 156J 156K Civil infringement notice Objection to civil infringement notice Commission must consider objection Effect of withdrawal of civil infringement notice Consequence of not paying pecuniary penalty specified in civil infringement notice Right to appeal Decision on appeal Commission may publish information about issue of civil infringement notice 156L
 Pecuniary penalty Pecuniary penalty 166 166 167 168 170 170 171 171 171 172 172 173 173 173 174 14 Reprinted as at 28 May 2015 Telecommunications Act 2001 156M Further penalty may be imposed for continuing breach Subpart 2—Enforcement of determinations, approved codes, and undertakings 156N 156O 156P 156Q 156R Interpretation Complaints of breach of enforceable matter Enforcement by High Court Remedies for breach of enforceable matter Limit on amount of pecuniary penalty Part 5 Miscellaneous 157AA Minister must review regulatory framework 157 158 159 160 Regulations Enactments amended Certain provisions in 1987 Act repealed Transitional provision for declarations made under section 2A of 1987 Act Transitional provision relating to repeal of section 5C of 1987 Act 161 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 4 Enactments amended 1 Title This Act is the Telecommunications Act 2001. s 1 176 177 177 178 179 179 180 181 182 183 183 183 184 206 214 223 230 231 15 Part 1 s 2 Telecommunications Act 2001 Reprinted as at 28 May 2015 Part 1 Preliminary Subpart 1—General 2 Commencement This Act comes into force on the day after the date on which it receives the Royal assent.
3 (1) (2) Purpose The main purpose of this Act is to regulate the supply of telecommunications services.

To avoid doubt, nothing in subsection (1) or in any other provision of this Act limits the Resource Management Act 1991.
4 Overview In this Act,— (a) (b) (c) provisions concerning the functions of the Commission under this Act and the performance of those functions by members of the Commission (in particular, the Telecommunications Commissioner) are set out in sub- part 2; and telecommunications services that are regulated are contained in Schedule 1 and are classified as designated services (Part 2 of Schedule 1) or spe- cified services (Part 3 of Schedule 1); and supplementary provisions concerning the detail of those regulated tele- communications services may be— (i) (ii) prescribed by regulations (section 69): provided in telecommunications access codes (Schedule 2) pre- pared by the Commission on its own initiative or formulated by the Telecommunications Industry Forum and approved by the Commission; and (d) (e) (ea) provisions concerning determinations by the Commission in respect of those regulated telecommunications services are set out in subparts 2 to 5 of Part 2; and provisions about altering regulated telecommunications services are set out in subpart 6 of Part 2 and Schedules 3 and 3A; and provisions concerning the structural separation of Telecom are set out in Part 2A; and (eb) provisions about the preparation and disclosure of information are set out in Part 2B; and 16 Reprinted as at 28 May 2015 (f) Telecommunications Act 2001 Part 1 s 5 provisions about the supply of certain telecommunications services under TSO instruments, the enforcement of those instruments, and con- tributions payable by certain
 telecommunications service providers to the suppliers of those telecommunications services are set out in Part 3; and (g) provisions from Parts 1 and 1A of the 1987 Act about the following mat- ters are set out in Part 4: (i) network operators and connection to, and misuse of, a network (subpart 1): (ii) maintenance of networks (subpart 2); and (gaa) provisions about undertakings required to be given by providers of cer- tain telecommunications services involving fibre optic communications networks constructed in whole or in part using Crown investment fund- ing, restrictions on unbundling in respect of such service providers, and the preparation and disclosure of information are set out in Part 4AA; and (ga) enforcement provisions are set out in Part 4A; and (gb) provisions facilitating the establishment of 1 or more complaints systems for the purpose of addressing complaints by consumers against service providers are set out in Part 4B; and (h) miscellaneous provisions about the repeal of certain provisions of the 1987 Act (including consequential amendments and transitional provi- sions) are set out in Part 5 and Schedule 4.
Section 4(c)(ii): amended, on 22 December 2006, by section 4(1) of the Telecommunications Amend- ment Act (No 2) 2006 (2006 No 83).

Section 4(e): amended, on 22 December 2006, by section 4(2) of the Telecommunications Amend- ment Act (No 2) 2006 (2006 No 83).
Section 4(ea): substituted, on 30 November 2011 (being the date of separation day, and an Order in Council (SR 2011/302) having been made under section 36), by section 61 of the Telecommunica- tions (TSO, Broadband, and Other Matters) Amendment Act 2011 (2011 No 27).

Section 4(eb): inserted, on 22 December 2006, by section 4(3) of the Telecommunications Amend- ment Act (No 2) 2006 (2006 No 83).
Section 4(gaa): inserted, on 1 July 2011, by section 88 of the Telecommunications (TSO, Broadband, and Other Matters) Amendment Act 2011 (2011 No 27).

Section 4(ga): inserted, on 22 December 2006, by section 4(4) of the Telecommunications Amend- ment Act (No 2) 2006 (2006 No 83).

Section 4(gb): inserted, on 22 December 2006, by section 4(4) of the Telecommunications Amend- ment Act (No 2) 2006 (2006 No 83).
5 Interpretation In this Act, unless the context otherwise requires,— 1987 Act means the Telecommunications Act 1987 access provider— 17 Part 1 s 5 Telecommunications Act 2001 Reprinted as at 28 May 2015 (a) means, in relation to a designated service or specified service, the person named or described in Part 2, or Part 3, of Schedule 1 as the access pro- vider for the designated service or specified service; and (b) means, in relation to a service that is supplied under a registered under- taking, the person that provided the undertaking under Schedule 3A access seeker— (a) means, in relation to a designated service or specified service, the person named or described in Part 2, or Part 3, of Schedule 1 as the access seek- er for the designated service or specified service; and (b) means, in relation to a service that is supplied under a registered under- taking, a service provider who seeks access to the service and who com- plies with any conditions set out in the registered undertaking for eligi- bility as an access seeker applicable access principles, in relation to a designated access service or spe- cified service, means the access principles described in subpart 1 of Part 2, or Part 3, of Schedule 1 as the access principles for the designated access service or specified service applicable conditions, in relation to a designated service or specified service, means the conditions set out in Part 2, or Part 3, of Schedule 1 as the conditions for the designated service or specified service applicable final pricing principle, in relation to a designated access service, means the final pricing principle described in subpart 1 of Part 2 of Schedule 1 as the final pricing principle for the designated access service applicable initial pricing principle, in relation to a designated access service, means the initial pricing principle described in subpart 1 of Part 2 of Schedule 1 as the initial pricing principle for the designated access service approved code— (a) means a telecommunications access code that has been
 approved by the Commission under clause 9 or clause 10 of Schedule 2; and (b) includes any amendment to an approved code that has been approved under either of those clauses auditor’s report has the meaning set out in section 83(b) broadcasting has the same meaning as in section 2(1) of the Broadcasting Act 1989 chief executive means the chief executive of the Ministry of Economic Devel- opment Commission means the Commerce Commission established by section 8 of the Commerce Act 1986 computer record has the meaning set out in section 116(2) 18 Reprinted as at 28 May 2015 Telecommunications Act 2001 Part 1 s 5 CPI means the Consumers Price Index (All Groups) published by Statistics New Zealand deemed TSO instrument has the meaning set out in section 71 designated access service means a service described in subpart 1 of Part 2 of Schedule 1 designated multinetwork service means a service described in subpart 2 of Part 2 of Schedule 1 designated service means a designated access service or designated multinet- work service draft code— (a) means a draft telecommunications access code prepared by the Forum under clause 1 of Schedule 2; and (b) includes a proposed amendment to, or proposed revocation of, an ap- proved code eligible person means a person who is— (a) registered with the Commission for the purpose of voting on a draft code under clause 4 of Schedule 2; and (b) a member of the Forum end-user, in relation to a telecommunications service, means a person who is the ultimate recipient of that service or of another service whose provision is dependent on that service existing lines— (a) means any lines constructed by Telecom or any of its former subsidiaries before 1 April 1989; and (b) includes any lines that were wholly or partly in existence, or for which work on the construction, erection, or laying commenced, before 1 April 1989 existing residential line— (a) means a Telecom residential line (other than a party line or a second line) that was an active
 connection on 20 December 2001; and (b) to avoid doubt, includes any such line that has been replaced or altered since 20 December 2001 existing works— (a) means any works relating to the provision of telecommunications under the Post Office Act 1959 (or any former Act) that were wholly or partly in existence, or for which work on the construction, erection, or laying commenced, before 1 January 1988; and (b) includes, for the purposes of subpart 2 of Part 4, any works relating to any conveyance that constitutes broadcasting under the Post Office Act 19 Part 1 s 5 Telecommunications Act 2001 Reprinted as at 28 May 2015 1959 (or any former Act) that were wholly or partly in existence, or for which work on the construction, erection, or laying commenced, before 1 January 1988; but (c) does not include any works that, after that date, have been altered or moved or added to in a way that substantially alters their character or lo- cation, as the case may be fibre-to-the-premises access network has the meaning set out in section 156AB financial year means a period of 12 months beginning on 1 July in any year and ending on 30 June in the following year fixed PDN— (a) means a PDN, or that part of a PDN, that connects an end-user’s build- ing (or, in the case of commercial buildings, the building distribution frames) to a data switch or equivalent facility; and (b) includes the data switch or equivalent facility and that part of the overall telecommunications link
 within the building that connects to the end-us- er’s equipment fixed PSTN— (a) means a PSTN, or that part of a PSTN, that connects an end-user’s build- ing to the local switches or equivalent facilities; and (b) includes those local switches or equivalent facilities fixed radio station means radio apparatus comprising transmitters or receivers, or a combination of transmitters and receivers, installed at a fixed location, for the purposes of carrying on a radiocommunications service Forum means the
 Telecommunications Industry Forum, which is a group that consists of at least 75% of all persons who are, for the time being, registered with the Commission for the purpose of voting on a draft code under clause 4 of Schedule 2 liability allocation determination means a determination of the Commission prepared in accordance with section 87(1)(a) liable person means a person who provides a telecommunications service in New Zealand by means of some component of a PTN that is operated by the person line— (a) means a wire or a conductor of any other kind (including a fibre optic cable) used or intended to be used for the transmission or reception of signs, signals, impulses, writing, images, sounds, instruction, informa- tion, or intelligence of any nature by means of any electromagnetic sys- tem; and (b) includes— 20 Reprinted as at 28 May 2015 Telecommunications Act 2001 Part 1 s 5 (i) any pole, insulator, casing, fixture, tunnel, or other equipment or material used or intended to be used for supporting, enclosing, surrounding, or protecting any of those wires or conductors; and (ii) any part of a line local authority means a local authority within the meaning of the Local Gov- ernment Act 2002 Minister means the Minister of the Crown who, under the authority of any warrant or with the authority of the Prime Minister, is for the time being re- sponsible for the administration of this Act Ministry means the Ministry responsible for administering this Act net cost,— (a) (b) (c) in relation to an instrument that is declared to be a TSO instrument under section 70, means the unavoidable net incremental cost to an efficient service provider of providing the service required by the TSO instrument to commercially non-viable end-users; and in relation to a deemed TSO instrument that requires the supply of a service to end-users, means the unavoidable net incremental cost to an efficient service provider of providing the service required by the TSO instrument to all
 end-users connected to existing residential lines; and in relation to a deemed TSO instrument that requires the supply of a wholesale service that is an input to a service supplied to end-users, means the unavoidable net incremental cost to an efficient service pro- vider of providing the service required by the TSO instrument to another service provider for the purpose of making a retail service available to all end-users connected to existing residential lines net revenue means the range of direct and indirect revenues and associated benefits derived from providing telecommunications services to all end-users connected to existing residential lines, less the costs of providing those services to those end-users network means a system comprising telecommunication links to permit tele- communication network operator means any person declared under— (a) (b) section 105 to be a network operator for the purposes of this Act or any provision of this Act; or section 2A of the 1987 Act (as it read immediately before the com- mencement of this Act) to be a network operator for the purposes of that Act or any provision of that Act party or parties means,— 21 Part 1 s 5 Telecommunications Act 2001 Reprinted as at 28 May 2015 (a) (b) for a determination made under section 27 or a residual terms determin- ation made under section 30ZB, the access seeker and the access pro- vider of the service; and for a standard terms determination made under section 30M, a designa- ted multinetwork service determination made under section 39, or an ap- proved code under Schedule 2, all access seekers and all access provid- ers of the service (whether they became an access seeker or an access provider before or after the determination was made or the code was ap- proved); and (c) for a registered undertaking under Schedule 3A, the access provider of the service and the Commission PDN or public data network means a data network used, or intended for use, in whole or in part, by the public
 price (except in subpart 6 of Part 2A) includes— (a) (b) valuable consideration in any form, whether direct or indirect; and any consideration that in effect relates to the acquisition of goods or services or the acquisition or disposition of any interest in land, even though it ostensibly relates to any other matter or thing proposed addition has the meaning set out in clause 8(1)(b) of Schedule 3 proposed alteration has the meaning set out in clause 1(1) of Schedule 3 proposed omission has the meaning set out in clause 8(1)(a) of Schedule 3 PSTN or public switched telephone network means a dial-up telephone net- work used, or intended for use, in whole or in part, by the public for the purpo- ses of providing telecommunication between telephone devices PTN or public telecommunications network— (a) means a network used, or intended to be used, in whole or in part, by the public for the purpose of telecommunication: (b) includes— (i) (ii) a PSTN: a PDN public notice has the meaning set out in section 6 qualified auditor means a person who is qualified for appointment as an audi- tor in accordance with any prescribed requirements or, if there are no pre- scribed requirements, any requirements of the Commission qualified revenue means the revenue (as determined in accordance with any specifications set by the Commission) that a liable person receives during a fi- nancial year for supplying either or both of the following (excluding any amount paid to the liable person by the Crown as compensation for the cost of complying with a TSO instrument that contains a specified amount): 22 Reprinted as at 28 May 2015 (a) (b) Telecommunications Act 2001 Part 1 s 5 telecommunications services by means of its PTN: telecommunications services by means that rely primarily on the exis- tence of its PTN or any other PTN radio frequency means electromagnetic waves of frequencies between 9 kilo- hertz and 3 000 gigahertz, propagated in space without artificial guide registered undertaking
 has the meaning set out in clause 1 of Schedule 3A road includes— (a) (b) (c) a street and any other place to which the public have access, whether as of right or not; and land that is vested in a local authority for the purpose of a road as shown on a deposited survey plan; and all bridges, culverts, ferries, and fords that form part of any road, street, or any other place referred to in paragraph (a) or paragraph (b) service provider, except in subpart 3 of Part 4 and Part 4AA, means a provider of a telecommunications service specified amount has the meaning set out in section 71A specified service means a service described in Part 3 of Schedule 1 subsidiary has the same meaning as in sections 5 and 6 of the Companies Act 1993 Telecom— (a) means Telecom Corporation of New Zealand Limited; and (b) includes any of its subsidiaries telecommunication— (a) means the conveyance by electromagnetic means from one device to an- other of any encrypted or non-encrypted sign, signal, impulse, writing, image, sound, instruction, information, or intelligence of any nature, whether for the information of any person using the device or not; and (b) (c) for the purposes of subpart 2 of Part 4, includes any conveyance that constitutes broadcasting; but for all other purposes, does not include any conveyance that constitutes broadcasting telecommunication link means any line, radio frequency, or other medium used for telecommunication telecommunications access code has the meaning set out in section 7(1) Telecommunications Commissioner means the Telecommunications Com- missioner appointed under section 9(3) telecommunications service means any goods, services, equipment, and facil- ities that enable or facilitate telecommunication 23 Part 1 s 5 Telecommunications Act 2001 Reprinted as at 28 May 2015 telephone device means any terminal device capable of being used for trans- mitting or receiving any communications over a network designed for the transmission of voice frequency
 communication TSO or telecommunications service obligations means obligations in relation to a TSO instrument TSO charges means the amounts payable to a TSO provider by the Crown under section 94L(1) TSO cost allocation determination means a determination prepared by the Commission in accordance with sections 87 to 91 TSO cost calculation determination means a determination of the Commis- sion prepared in accordance with section 94J(1)(a) TSO instrument or telecommunications service obligation instrument means— (a) (b) an instrument that is declared to be a TSO instrument under section 70: a deemed TSO instrument TSO provider or telecommunications service obligation provider means a provider of a telecommunications service under a TSO instrument wireless works means any works relating to the provision of any wireless or mobile telecommunications services working day means a day of the week other than— (a) (b) (c) (d) (e) (f) Saturday, Sunday, Good Friday, Easter Monday, Anzac Day, the Sover- eign’s birthday, Labour Day, and Waitangi Day; and the day observed in the appropriate area as the anniversary of the prov- ince of which the area forms part; and a day in the period commencing with 25 December in any year and end- ing with 2 January in the following year; and if 1 January in any year falls on a Friday, the following Monday; and if 1 January in any year falls on a Saturday or a Sunday, the following Monday and Tuesday; and if Waitangi Day or Anzac Day falls on a Saturday or a Sunday, the fol- lowing Monday works includes— (a) a line and any instrument, furniture, plant, office, building, machinery, engine, excavation, or work, of whatever description, used in relation to, or in any way connected with, a line; and (b) a fixed radio station.
Compare: 1987 No 116 s 2(1), (1A) Section 5 access provider: substituted, on 22 December 2006, by section 5(1) of the Telecommuni- cations Amendment Act (No 2) 2006 (2006 No 83).

24 Reprinted as at 28 May 2015 Telecommunications Act 2001 Part 1 s 5 Section 5 access seeker: substituted, on 22 December 2006, by section 5(2) of the Telecommunica- tions Amendment Act (No 2) 2006 (2006 No 83).
Section 5 constitution of Telecom: repealed, on 1 July 2011, by section 4(1) of the Telecommunica- tions (TSO, Broadband, and Other Matters) Amendment Act 2011 (2011 No 27).

Section 5 CPI: inserted, on 1 July 2011, by section 4(2) of the Telecommunications (TSO, Broad- band, and Other Matters) Amendment Act 2011 (2011 No 27).

Section 5 existing residential line: inserted, on 1 July 2011, by section 4(2) of the Telecommunica- tions (TSO, Broadband, and Other Matters) Amendment Act 2011 (2011 No 27).
Section 5 existing works: substituted, on 17 May 2005, by section 3(1) of the Telecommunications Amendment Act 2005 (2005 No 70).

Section 5 fibre-to-the-premises access network: inserted, on 1 July 2011, by section 88 of the Tele- communications (TSO, Broadband, and Other Matters) Amendment Act 2011 (2011 No 27).

Section 5 financial year: substituted, on 1 July 2011, by section 4(2) of the Telecommunications (TSO, Broadband, and Other Matters) Amendment Act 2011 (2011 No 27).
Section 5 KSO: repealed, on 1 July 2011, by section 4(1) of the Telecommunications (TSO, Broad- band, and Other Matters) Amendment Act 2011 (2011 No 27).

Section 5 liability allocation determination: inserted, on 1 July 2011, by section 4(2) of the Tele- communications (TSO, Broadband, and Other Matters) Amendment Act 2011 (2011 No 27).

Section 5 liable person: substituted, on 1 July 2011, by section 4(2) of the Telecommunications (TSO, Broadband, and Other Matters) Amendment Act 2011 (2011 No 27).
Section 5 liable person’s TSO-qualified revenue: repealed, on 1 July 2011, by section 4(1) of the Telecommunications (TSO, Broadband, and Other Matters) Amendment Act 2011 (2011 No 27).

Section 5 local authority: substituted, on 1 July 2003, by section 262 of the Local Government Act 2002 (2002 No 84).

Section 5 local loop network: repealed, on 22 December 2006, by section 5(6) of the Telecommuni- cations Amendment Act (No 2) 2006 (2006 No 83).
Section 5 Ministry: inserted, on 1 July 2011, by section 4(2) of the Telecommunications (TSO, Broadband, and Other Matters) Amendment Act 2011 (2011 No 27).

Section 5 net cost: substituted, on 1 July 2011, by section 4(2) of the Telecommunications (TSO, Broadband, and Other Matters) Amendment Act 2011 (2011 No 27).
Section 5 net cost paragraph (b): substituted, on 30 November 2011 (being the date of separation day, and an Order in Council (SR 2011/302) having been made under section 36), by section 52(1) of the Telecommunications (TSO, Broadband, and Other Matters) Amendment Act 2011 (2011 No 27).
Section 5 net cost paragraph (c): added, on 30 November 2011 (being the date of separation day, and an Order in Council (SR 2011/302) having been made under section 36), by section 52(1) of the Tele- communications (TSO, Broadband, and Other Matters) Amendment Act 2011 (2011 No 27).
Section 5 net revenue: inserted, on 30 November 2011 (being the date of separation day, and an Order in Council (SR 2011/302) having been made under section 36), by section 52(2) of the Tele- communications (TSO, Broadband, and Other Matters) Amendment Act 2011 (2011 No 27).
Section 5 network operator: amended, on 30 November 2011 (being the date of separation day, and an Order in Council (SR 2011/302) having been made under section 36), by section 63(2) of the Tele- communications (TSO, Broadband, and Other Matters) Amendment Act 2011 (2011 No 27).

Section 5 original KSO: repealed, on 1 July 2011, by section 4(1) of the Telecommunications (TSO, Broadband, and Other Matters) Amendment Act 2011 (2011 No 27).
Section 5 party or parties: substituted, on 22 December 2006, by section 5(7) of the Telecommuni- cations Amendment Act (No 2) 2006 (2006 No 83).

Section 5 price: substituted, on 30 November 2011 (being the date of separation day, and an Order in Council (SR 2011/302) having been made under section 36), by section 62 of the Telecommunica- tions (TSO, Broadband, and Other Matters) Amendment Act 2011 (2011 No 27).
25 Part 1 s 6 Telecommunications Act 2001 Reprinted as at 28 May 2015 Section 5 PTN or public telecommunications network: inserted, on 1 July 2011, by section 4(2) of the Telecommunications (TSO, Broadband, and Other Matters) Amendment Act 2011 (2011 No 27).

Section 5 qualified revenue: inserted, on 1 July 2011, by section 4(2) of the Telecommunications (TSO, Broadband, and Other Matters) Amendment Act 2011 (2011 No 27).
Section 5 registered undertaking: inserted, on 22 December 2006, by section 5(8) of the Telecom- munications Amendment Act (No 2) 2006 (2006 No 83).

Section 5 service provider: amended, on 1 July 2011, by section 88 of the Telecommunications (TSO, Broadband, and Other Matters) Amendment Act 2011 (2011 No 27).

Section 5 specified amount: amended, on 22 December 2006, by section 5(9) of the Telecommunica- tions Amendment Act (No 2) 2006 (2006 No 83).
Section 5 telecommunication: substituted, on 17 May 2005, by section 3(2) of the Telecommunica- tions Amendment Act 2005 (2005 No 70).

Section 5 TSO charges: inserted, on 1 July 2011, by section 4(2) of the Telecommunications (TSO, Broadband, and Other Matters) Amendment Act 2011 (2011 No 27).

Section 5 TSO cost calculation determination: substituted, on 1 July 2011, by section 4(2) of the Telecommunications (TSO, Broadband, and Other Matters) Amendment Act 2011 (2011 No 27).
Section 5 TSO instrument or telecommunications service obligation instrument: substituted, on 1 July 2011, by section 4(2) of the Telecommunications (TSO, Broadband, and Other Matters) Amendment Act 2011 (2011 No 27).

Section 5 TSO provider or telecommunications service obligation provider: inserted, on 22 De- cember 2006, by section 5(11) of the Telecommunications Amendment Act (No 2) 2006 (2006 No 83).
Section 5 TSO provider’s TSO-qualified revenue: repealed, on 1 July 2011, by section 4(1) of the Telecommunications (TSO, Broadband, and Other Matters) Amendment Act 2011 (2011 No 27).

Section 5 TSP or telecommunications service provider: repealed, on 22 December 2006, by section 5(11) of the Telecommunications Amendment Act (No 2) 2006 (2006 No 83).
Section 5 wireless works: inserted, on 1 July 2011, by section 26(3) of the Telecommunications (TSO, Broadband, and Other Matters) Amendment Act 2011 (2011 No 27).

Section 5 working day paragraph (e): replaced, on 1 January 2014, by section 8 of the Holidays (Full Recognition of Waitangi Day and ANZAC Day) Amendment Act 2013 (2013 No 19).
Section 5 working day paragraph (f): inserted, on 1 January 2014, by section 8 of the Holidays (Full Recognition of Waitangi Day and ANZAC Day) Amendment Act 2013 (2013 No 19).
Public notice Subject to subsection (2), if, under this Act, the Commission is required to give public notice of any matter, the Commission must— (a) (b) publish a notice of the matter, or cause a notice of the matter to be pub- lished, in the Gazette; and at all reasonable times, make the matter available for inspection on the Commission’s website in an electronic form that is publicly accessible.
If the Commission is required to give public notice of any matter under this Act, nothing in this Act requires the Commission to include in that public no- tice any information that would, in the opinion of the Commission, be likely to unreasonably prejudice the commercial position of the person who supplied, or who is the subject of, the information.
6 (1) (2) 26 Reprinted as at 28 May 2015 Telecommunications Act 2001 Part 1 s 9 7 (1) Telecommunications access codes In this Act, telecommunications access code means an access code for 1 or more— (a) (b) designated services or specified services: services supplied under a registered undertaking.

(2) Schedule 2 sets out provisions that apply to telecommunications access codes.

Section 7(1): substituted, on 22 December 2006, by section 6 of the Telecommunications Amend- ment Act (No 2) 2006 (2006 No 83).
8 Act binds the Crown This Act binds the Crown.

Subpart 2—Commerce Commission Telecommunications Commissioner 9 (1) (2) (3) Appointment of Telecommunications Commissioner There must be a Telecommunications Commissioner.

The Telecommunications Commissioner is a member of the Commission as provided in section 9(3) of the Commerce Act 1986.

Subject to subsection (4), the Telecommunications Commissioner must be ap- pointed by the Governor-General on the recommendation of the Minister.
(3A) Subsection (3) applies despite section 28(1)(b) of the Crown Entities Act 2004.

(4) No person may be recommended for appointment as the Telecommunications Commissioner unless, in the opinion of the Minister, that person is qualified for appointment, having regard to the functions and powers of the Commission, whether under this Act or any other enactment.
(5) For the purposes of subsection (4), a person is qualified for appointment by vir- tue of that person’s knowledge of, or experience in, the telecommunications in- dustry or any other industry, commerce, economics, law, accountancy, public administration, or consumer affairs.

(6) Subsections (4) and (5) do not limit section 29 of the Crown Entities Act 2004.

Section 9(2): amended, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115).
Section 9(3A): inserted, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115).

Section 9(6): substituted, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115).
27 Part 1 s 9A Telecommunications Act 2001 Reprinted as at 28 May 2015 9A Functions of Commission in relation to sector monitoring and information dissemination (1) In addition to the other functions conferred on the Commission by this Act, the Commission— (a) must monitor competition in telecommunications markets and the per- formance and development of telecommunications markets; and (b) may conduct inquiries, reviews, and studies (including international benchmarking) into any matter relating to the telecommunications indus- try or the long-term benefit of end-users of telecommunications services within New Zealand; and (c) must make available reports, summaries, and information about the things referred to in paragraphs (a) and (b).
(2) The function in subsection (1)(c) does not require the Commission to release all documents that the Commission produces or acquires under this section.

Compare: 1986 No 5 s 25; 1986 No 121 s 6 Section 9A: inserted, on 22 December 2006, by section 7 of the Telecommunications Amendment Act (No 2) 2006 (2006 No 83).
10 (1) Performance of Commission’s functions Subject to subsection (2) and sections 15 and 17,— (a) the Telecommunications Commissioner and no fewer than 2 other mem- bers of the Commission must— (i) make every determination in respect of a designated multinetwork service under section 39; and (ii) make every pricing review determination under section 51; and (iii) make every liability allocation determination under section 87; and (iv) make every TSO cost calculation determination under section 94J; and (ab) (b) the determinations referred to in paragraph (a) must, if the Telecommu- nications Commissioner and the other members of the Commission are not unanimous in their view, be made in accordance with the majority view; and the Telecommunications Commissioner must report to the Minister about every proposed alteration to Schedule 1 in any of the ways set out in sections 66 and 67 following consideration by the Telecommunica- tions Commissioner and no fewer than 2 other members of the Commis- sion in accordance with clause 4 of Schedule 3, and— (i) the recommendation included in the final report to the Minister must be supported by the majority of the Telecommunications Commissioner and the other members of the Commission; and 28 Reprinted as at 28 May 2015 Telecommunications Act 2001 Part 1 s 10 (ii) the final report must include the majority view and any dissenting views; and (c) every function of the Commission under this Act (other than any of the functions set out in paragraphs (a) and (b)) must be performed— (i) (ii) by the Telecommunications Commissioner alone; or if the Telecommunications Commissioner requests the chairperson of the Commission to make 2 other members of the Commission available for the performance of a particular function and the chairperson agrees to that request, by the Telecommunications Commissioner and 2 other members of the Commission.
(2) If there is no Telecommunications Commissioner or if the Telecommunications Commissioner is for any reason unable to perform the functions of the Com- mission that would otherwise have been performed by him or her under this Act,— (3) (4) (a) (b) those functions must be performed by the chairperson of the Commis- sion; and every reference in this Act to the Telecommunications Commissioner must, unless the context otherwise requires, be read as a reference to the chairperson of the Commission.
The chairperson of the Commission is responsible for determining which mem- bers of the Commission, other than the Telecommunications Commissioner, must perform the functions referred to in subsection (1).

The quorum requirements in section 15(4) of the Commerce Act 1986 do not apply if the Telecommunications Commissioner is performing functions alone under section 10(1)(c)(i).
Section 10(1)(a): substituted, on 1 July 2011, by section 5 of the Telecommunications (TSO, Broad- band, and Other Matters) Amendment Act 2011 (2011 No 27).

Section 10(1)(ab): inserted, on 1 July 2011, by section 5 of the Telecommunications (TSO, Broad- band, and Other Matters) Amendment Act 2011 (2011 No 27).

Section 10(1)(b): substituted, on 1 July 2011, by section 5 of the Telecommunications (TSO, Broad- band, and Other Matters) Amendment Act 2011 (2011 No 27).
Section 10(1)(c)(ii): amended, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115).

Section 10(2)(a): amended, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115).

Section 10(2)(b): amended, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115).

Section 10(3): amended, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115).
Section 10(4): added, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115).
29 Part 1 s 11 Telecommunications Act 2001 Reprinted as at 28 May 2015 Levy Levy Every service provider, or class of service providers, specified in regulations made under subsection (3) must pay to the Minister, in each financial year or part financial year (as the case may require), a levy of an amount stated in, or calculated or set or reset in accordance with, those regulations for, or in con- nection with,— (a) the performance of the Commission’s functions and duties under this Act; and (b) the exercise of the Commission’s powers under this Act.
Subsection (1) applies irrespective of the fact that the regulations are made and come into effect after the date on which the financial year or part financial year commences.
The Governor-General may, by Order in Council made on the recommendation of the Minister, make regulations— (a) (b) (c) (d) (e) (f) (g) specifying the amounts of levies payable under this section: providing for the method by which those levies will be calculated: specifying the criteria and other requirements by and against which those levies will be set or reset: specifying the financial year or part financial year to which those levies apply: providing for the payment and collection of those levies: exempting any service provider or class of service providers from paying levies under this section: providing for waivers or refunds of the whole or any part of any levy paid by any service provider or class of service providers under this sec- tion.
Levy for first financial year or part financial year Every service provider, or class of service providers, specified in regulations made under subsection (3) must pay to the Minister, for the first financial year or part financial year (as the case may require), a levy of an amount stated in, or calculated or set or reset in accordance with, those regulations for, or in con- nection with,— (a) (b) the preparation of the performance of, and the performance of, the Com- mission’s functions and duties under this Act; and the preparation of the exercise of, and the exercise of, the Commission’s powers under this Act.
11 (1) (2) (3) 12 (1) 30 Reprinted as at 28 May 2015 Telecommunications Act 2001 Part 1 s 14 (2) (3) (4) The levy for the first financial year or part financial year may include the costs incurred from 30 June 2001 by the Commission for, or in connection with, the matters set out in subsection (1)(a) or (b).

Subsections (1) and (2) apply irrespective of the fact that the regulations are made and come into effect after the date on which the first financial year or part financial year commences.
The Governor-General may, by Order in Council made on the recommendation of the Minister, make regulations— (a) (b) (c) (d) (e) (f) (g) specifying the amount of levy payable under this section: providing for the method by which the levy will be calculated: specifying the criteria and other requirements by and against which the levy will be set or reset: specifying the first financial year or part financial year to which the levy applies: providing for the payment and collection of the levy: exempting any service provider or class of service providers from paying the levy under this section: providing for waivers or refunds of the whole or any part of any levy paid by any service provider or class of service providers under this sec- tion.
13 Minister must consult before making recommendation under section 11(3) or section 12(4) The Minister must not make any recommendation under section 11(3) or sec- tion 12(4) without first consulting those persons and organisations that the Minister considers appropriate having regard to the subject matter of the pro- posed regulations.
14 (1) (2) (3) Late payment of levy If any service provider liable to pay the levy fails to pay the whole amount of that levy by the date specified in regulations made under section 11(3) or sec- tion 12(4), the service provider must pay interest on the unpaid amount at the rate of 1.5% per month calculated from the date payment is due.

Interest will be calculated in monthly instalments for each month, or part of each month, that the payment is due.
The amount of any unpaid levy or interest is recoverable in any court of com- petent jurisdiction as a debt due to the Crown.
31 Part 1 s 15 Telecommunications Act 2001 Reprinted as at 28 May 2015 Application of Commerce Act 1986 15 Application of Commerce Act 1986 and Crown Entities Act 2004 The following provisions of the Commerce Act 1986 apply with any necessary modifications: (a) (b) (c) (d) (e) (f) (g) (h) (ha) (i) (j) (k) (l) [Repealed] section 13 (termination of appointment of members): [Repealed] section 15 (except as provided in section 10(4) of this Act) (meetings of Commission): [Repealed] section 98 (Commission may require person to supply information or documents or give evidence): subject to section 16, sections 98A and 98G (Commission’s powers of search and seizure): section 99 (powers of Commission to take evidence): sections 99B(a) and 99C to 99P (assistance to overseas regulators), as if— (i) (ii) references in those sections to competition law functions, or func- tions in relation to competition law, were references to functions relating to the regulation of telecommunications; and references in those sections to the Minister were references to the Minister responsible for telecommunications: section 100 (powers of Commission to prohibit disclosure of informa- tion, documents, and evidence): section 100A (Commission may state case for opinion of High Court): sections 101 (notices) and 102 (service of notices): section 103 (offences): (m) section 104 (determinations of Commission): (n) (o) (p) (q) [Repealed] section 106 (proceedings privileged): section 106A (judicial notice): section 109 (Commission may prescribe forms).
Section 15 heading: amended, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115).

Section 15(a): repealed, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115).

Section 15(c): repealed, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115).

32 Reprinted as at 28 May 2015 Telecommunications Act 2001 Part 1 s 17 Section 15(d): amended, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115).
Section 15(e): repealed, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115).

Section 15(g): amended, on 1 October 2012, by section 339(2) of the Search and Surveillance Act 2012 (2012 No 24).

Section 15(ha): inserted, on 24 October 2012, by section 4 of the Telecommunications (International Co-operation) Amendment Act 2012 (2012 No 87).

Section 15(n): repealed, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115).
16 Application of section 98A of Commerce Act 1986 A search warrant may be issued under section 98A(2) of the Commerce Act 1986, and powers may be exercised under that warrant, only for the purposes of— (a) ascertaining whether a person has done any of the following things: (i) (ii) committed an offence against section 46(1)(b) or (c) or section 82(1) of this Act: contravened section 103 (except subsection (1)(c)) of the Com- merce Act 1986: (b) obtaining information and documents that have been requested by the Commission under section 82(b) or 83(1)(a) of this Act or section 98 of the Commerce Act 1986 and that have not been provided within the re- quired time.
Section 16(b): amended, on 1 July 2011, by section 6 of the Telecommunications (TSO, Broadband, and Other Matters) Amendment Act 2011 (2011 No 27).
17 Telecommunications Commissioner to consent to delegation of some functions and powers of Commission If there is a Telecommunications Commissioner, the Telecommunications Commissioner’s consent must be first obtained for the delegation, under sec- tion 73 of the Crown Entities Act 2004, of a function or power of the Commis- sion that would normally be performed or exercised by the Telecommunica- tions Commissioner.
Section 17 heading: substituted, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115).

Section 17: amended, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115).
33 Part 2 s 18 Telecommunications Act 2001 Reprinted as at 28 May 2015 Part 2 Designated services and specified services Subpart 1—Preliminary 18 (1) (2) Purpose The purpose of this Part and Schedules 1 to 3 is to promote competition in tele- communications markets for the long-term benefit of end-users of telecommu- nications services within New Zealand by regulating, and providing for the regulation of, the supply of certain telecommunications services between serv- ice providers.
In determining whether or not, or the extent to which, any act or omission will result, or will be likely to result, in competition in telecommunications markets for the long-term benefit of end-users of telecommunications services within New Zealand, the efficiencies that will result, or will be likely to result, from that act or omission must be considered.
(2A) To avoid doubt, in determining whether or not, or the extent to which, competi- tion in telecommunications markets for the long-term benefit of end-users of telecommunications services within New Zealand is promoted, consideration must be given to the incentives to innovate that exist for, and the risks faced by, investors in new telecommunications services that involve significant capital investment and that offer capabilities not available from established services.
(3) Except as otherwise expressly provided, nothing in this Act limits the applica- tion of this section.

(4) Subsection (3) is for the avoidance of doubt.

Section 18(2A): inserted, on 1 July 2011, by section 7 of the Telecommunications (TSO, Broadband, and Other Matters) Amendment Act 2011 (2011 No 27).
19 Commission and Minister must consider purpose set out in section 18 and additional matters If the Commission or the Minister (as the case may be) is required under this Part or any of Schedules 1, 3, and 3A to make a recommendation, determin- ation, or a decision, the Commission or the Minister must— (a) (b) consider the purpose set out in section 18; and if applicable, consider the additional matters set out in Schedule 1 re- garding the application of section 18; and (c) make the recommendation, determination, or decision that the Commis- sion or Minister considers best gives, or is likely to best give, effect to the purpose set out in section 18.
Section 19: amended, on 22 December 2006, by section 8(1) of the Telecommunications Amendment Act (No 2) 2006 (2006 No 83).

Section 19(c): amended, on 22 December 2006, by section 8(2) of the Telecommunications Amend- ment Act (No 2) 2006 (2006 No 83).
34 Reprinted as at 28 May 2015 Telecommunications Act 2001 Part 2 s 22 19A Commission to have regard to economic policies of Government (1) (2) (3) In the exercise of its powers under Schedule 3, the Commission must have re- gard to any economic policies of the Government that are transmitted, in writ- ing, to the Commission by the Minister.
The Minister must, as soon as practicable after transmitting a statement of eco- nomic policy of the Government to the Commission under subsection (1),— (a) (b) arrange for a copy of that statement to be published in the Gazette; and present a copy of that statement to the House of Representatives.

To avoid doubt, a statement of economic policy of the Government transmitted to the Commission under this section is not a direction for the purposes of Part 3 of the Crown Entities Act 2004.
Section 19A: inserted, on 22 December 2006, by section 9 of the Telecommunications Amendment Act (No 2) 2006 (2006 No 83).

Subpart 2—Determinations for designated access services and specified services Application 20 Application (1) An access seeker or an access provider of a designated access service or speci- fied service may apply to the Commission for a determination of all or some of the terms on which the service must be supplied during the period of time spe- cified in the application.
(2) For the purposes of subsection (1), the terms on which the service must be sup- plied— (a) may, in the case of a designated access service, include the price payable by the access seeker for the service; and (b) must, in the case of a specified service, exclude the price payable by the access seeker for the service.
21 When application must be treated as application for pricing review determination An application by an access seeker or an access provider of a designated access service for a determination that relates to the price payable by the access seeker for the service must be treated as an application for a pricing review determin- ation under section 42 if the only term at issue is the discount specified in the applicable initial pricing principle.
22 When application may not be made (1) Despite section 20, no person may apply for a determination if— (a) [Repealed] 35 Part 2 s 22A Telecommunications Act 2001 Reprinted as at 28 May 2015 (b) (c) (ca) (d) [Repealed] 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 the standard terms development process for the service is proceeding or a standard terms determination for the service is in force; or 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 re- sidual terms determination under section 30V.

(3) The Commission may investigate whether subsection (1)(d) applies either at the time— (a) (b) it receives an application made under section 20; or it prepares a determination under section 27.
(4) However, if the Commission is satisfied, at any time, that the applicable condi- tions in relation to the service have not been met, the Commission must discon- tinue— (a) (b) all of its investigation; or as the case may be, that part of its investigation that relates to the market in which those conditions have not been met.

Section 22(1)(a): repealed, on 22 December 2006, by section 10(1) of the Telecommunications Amendment Act (No 2) 2006 (2006 No 83).
Section 22(1)(b): repealed, on 22 December 2006, by section 10(1) of the Telecommunications Amendment Act (No 2) 2006 (2006 No 83).

Section 22(1)(ca): inserted, on 22 December 2006, by section 10(2) of the Telecommunications Amendment Act (No 2) 2006 (2006 No 83).

Section 22(2): added, on 22 December 2006, by section 10(3) of the Telecommunications Amend- ment Act (No 2) 2006 (2006 No 83).
Section 22(3): added, on 22 December 2006, by section 10(3) of the Telecommunications Amend- ment Act (No 2) 2006 (2006 No 83).

Section 22(4): added, on 22 December 2006, by section 10(3) of the Telecommunications Amend- ment Act (No 2) 2006 (2006 No 83).
22A Effect of application on existing agreement for supply of designated access service or specified service This section applies if an access seeker of a designated access service or speci- fied service applies for a determination under section 27 while an agreement is in force between that access seeker and the access provider of the service for the supply of that service or of any other service.
The access provider must not, as a direct or indirect result of the access seeker making the application for the determination, act in a way that is, or is likely to be, prejudicial to the interests of the access seeker.
(1) (2) 36 Reprinted as at 28 May 2015 Telecommunications Act 2001 Part 2 s 24 (3) The access provider may discontinue the supply of the service under the agree- ment only if— (a) (b) a determination is made under section 27 for that service or a compar- able service; and the access provider begins to supply the service on the terms specified in the determination.
(4) Subsection (3) does not apply if, before the date on which the determination is made, the agreement— (a) (b) has already expired; or has been terminated for a reason that is unrelated to the making of the application.

(5) If there is any inconsistency between the determination and the agreement, the determination prevails.

Section 22A: inserted, on 22 December 2006, by section 11 of the Telecommunications Amendment Act (No 2) 2006 (2006 No 83).
23 Requirements for application An application made under section 20 must— (a) (b) (c) (d) be in writing; and be given in the prescribed manner, if any; and contain the prescribed information, if any; and be accompanied by the prescribed fee, if any.
24 Commission must notify parties Notification On receiving an application made in accordance with section 23, the Commis- sion must— (a) (b) (c) notify the parties to the determination in writing that the application has been received; and provide a copy of the application to the other party to the determination; and request the parties to the determination to comment on the matter by written notice to the Commission not later than 10 working days after re- ceipt of the notice from the Commission.
37 Part 2 s 25 Telecommunications Act 2001 Reprinted as at 28 May 2015 Investigation 25 (1) Commission must decide whether to investigate The Commission must make reasonable efforts to do the following things not later than 10 working days after the date by which the parties may comment on the application: (a) (b) (c) (d) decide whether or not to investigate the matter: give written notice of its decision to the parties: give public notice of its decision: request the parties to the determination to make submissions on the matter by written notice to the Commission not later than 10 working days after receipt of the notice from the Commission.
(2) Subsection (1)(d) applies only if the Commission has decided under subsection (1)(a) to investigate the matter.

26 Consultation or conferences Consultation If the Commission considers that persons, other than the parties to the deter- mination, have a material interest in the matter to be investigated, the Commis- sion must, before preparing a determination under section 27, either consult those persons or hold conferences in relation to the matter.
Determination 27 Preparation of determination After investigating the matter, the Commission must— (a) (b) (c) prepare a determination; and give a copy of the determination to the parties to the determination; and give public notice of the determination.
28 When determination must be prepared (1) The Commission must make reasonable efforts to prepare a determination under section 27,— (a) (b) if the determination does not include the price payable for the supply of the service, not later than 40 working days after it gave written notice under section 25(1)(b); or if the determination includes the price payable for the supply of the serv- ice, not later than 50 working days after it gave written notice under sec- tion 25(1)(b).
If, despite making reasonable efforts, the Commission is unable to do the things set out in subsection (1) within the relevant time limit, the Commission (2) 38 Reprinted as at 28 May 2015 Telecommunications Act 2001 Part 2 s 30 must give to the parties concerned written reasons for not meeting the relevant time limit.
29 Requirements for determination A determination must, in the opinion of the Commission,— (a) be made in accordance with— (b) (c) (i) (ii) the applicable access principles and any limits on those applicable access principles; and any regulations made in respect of the applicable access principles and any limits on those applicable access principles; and comply with any relevant approved codes; and in the case of a determination regarding a designated access service, be made in accordance with— (i) (ii) the applicable initial pricing principle (as affected, if at all, by clause 2 or clause 3 of Schedule 1); and any regulations that specify how the applicable initial pricing principle must be applied.
30 Matters to be included in determination (1) A determination must include— (a) (b) (c) (d) the terms on which the service must be supplied; and the reasons for the determination; and the terms and conditions (if any) on which the determination is made; and the actions (if any) that a party to the determination must do or refrain from doing; and (e) the expiry date of the determination.
(2) To avoid doubt, a determination may also include, without limitation, terms concerning any or all of the following matters: (a) (b) (c) (d) dispute resolution procedures: the consequences of a breach of the determination (including provision for set-off or withholding rights, or liquidated damages): suspension and termination of the service: procedures for, or restrictions on, assignment of the service.
Section 30(2): added, on 22 December 2006, by section 12 of the Telecommunications Amendment Act (No 2) 2006 (2006 No 83).

39 Part 2 s 30A Telecommunications Act 2001 Reprinted as at 28 May 2015 Subpart 2A—Standard terms determinations for designated access services and specified services Subpart 2A: inserted, on 22 December 2006, by section 13 of the Telecommunications Amendment Act (No 2) 2006 (2006 No 83).
Preliminary Heading: inserted, on 22 December 2006, by section 13 of the Telecommunications Amendment Act (No 2) 2006 (2006 No 83).

30A Overview of subpart (1) This subpart enables the Commission to make, as an alternative to a determin- ation made under section 27, a determination of the terms on which a designa- ted access service or specified service must be supplied with reference to all access seekers and all access providers of the service.
(2) Accordingly, this subpart— (a) (b) (c) (d) (e) provides a process for the development of standard terms for the supply of the service (sections 30C to 30J): provides for the Commission to make, and review, a standard terms de- termination (sections 30K to 30R): specifies how a standard terms determination is to apply (section 30S): clarifies the interface between a determination made under section 27 and a standard terms determination (section 30T): provides a mechanism that allows parties to a standard terms determin- ation to apply for a residual terms determination if they wish to adjust, as between themselves, the application of terms specified in the standard terms determination (sections 30U to 30ZD).
(3) This section is intended only as a guide to the general scheme and effect of this subpart.

Section 30A: inserted, on 22 December 2006, by section 13 of the Telecommunications Amendment Act (No 2) 2006 (2006 No 83).
30B Interpretation In this subpart,— change in circumstances, in relation to the price payable for a service, means any change in relevant circumstances since the last date on which that price was calculated (for example, any change to the terms of the service) regulated terms means the terms set by any New Zealand or overseas regula- tor for any telecommunications service.

Section 30B: inserted, on 22 December 2006, by section 13 of the Telecommunications Amendment Act (No 2) 2006 (2006 No 83).
40 Reprinted as at 28 May 2015 Telecommunications Act 2001 Part 2 s 30E Standard terms development process Heading: inserted, on 22 December 2006, by section 13 of the Telecommunications Amendment Act (No 2) 2006 (2006 No 83).

30C When standard terms development process may be initiated (1) The Commission may, on its own initiative, initiate the standard terms develop- ment process for a designated access service or specified service.
(2) However, the Commission may not initiate that standard terms development process if the applicable conditions in relation to the service (if any) have not been met.

(3) The Commission may investigate whether the applicable conditions in relation to the service have been met either— (a) (b) before deciding to initiate the standard terms development process; or at the time it prepares a standard terms determination under section 30M.
(4) However, if the Commission is satisfied, at any time, that the applicable condi- tions in relation to the service have not been met, the Commission must discon- tinue— (a) (b) all of its investigation; or as the case may be, that part of its investigation that relates to the market in which those conditions have not been met.
(5) For the purposes of subsection (1), the Commission may, if it considers it ap- propriate in the circumstances, initiate a single combined standard terms devel- opment process for 2 or more designated access services or specified services.

Section 30C: inserted, on 22 December 2006, by section 13 of the Telecommunications Amendment Act (No 2) 2006 (2006 No 83).
30D Commission must give public notice if Commission initiates standard terms development process The Commission must give public notice that it has initiated the standard terms development process for a designated access service or specified service not later than 10 working days after initiating that process under section 30C.

Section 30D: inserted, on 22 December 2006, by section 13 of the Telecommunications Amendment Act (No 2) 2006 (2006 No 83).
30E Commission must conduct scoping workshop (1) (2) The Commission must conduct 1 or more scoping workshops in relation to a designated access service or specified service.

The purpose of a scoping workshop is to provide the Commission with infor- mation to assist it in specifying— (a) a reasonable period of time within which an access provider must submit a standard terms proposal under section 30F; and (b) any additional requirements for that proposal under section 30F(2).
41 Part 2 s 30F Telecommunications Act 2001 Reprinted as at 28 May 2015 (3) A scoping workshop must be— (a) (b) open to all parties to the standard terms determination; and conducted by an employee or agent of the Commission in a manner, and within the time, that the Commission thinks fit.

(4) To avoid doubt, this section does not prevent the Commission from conducting a workshop in relation to any other matter, nor does it affect the matters that may be considered by the Commission in any other workshop.
Section 30E: inserted, on 22 December 2006, by section 13 of the Telecommunications Amendment Act (No 2) 2006 (2006 No 83).

Standard terms proposal Heading: inserted, on 22 December 2006, by section 13 of the Telecommunications Amendment Act (No 2) 2006 (2006 No 83).
30F Call for standard terms proposal (1) After giving public notice under section 30D and conducting a scoping work- shop under section 30E, the Commission must— (a) give written notice to 1 or more access providers of the designated ac- cess service or specified service requiring them to submit to the Com- mission, by the date specified in the notice, a standard terms proposal that complies with section 30G; and (b) give public notice of that requirement.
(2) The Commission may include in the written notice under subsection (1)(a) any additional requirements that it thinks fit to specify, having regard to any rele- vant matters (for example, the terms and conditions of any commercial agree- ment or regulated terms for any service in New Zealand or overseas).
(3) An access provider of the designated access service or specified service to whom written notice is given under subsection (1)(a) must comply with the re- quirement or requirements contained in that notice.

(4) The written notice under subsection (1)(a) must be accompanied by a copy of— (a) (b) section 30G; and any additional requirements that the Commission specifies under subsec- tion (2).
Section 30F: inserted, on 22 December 2006, by section 13 of the Telecommunications Amendment Act (No 2) 2006 (2006 No 83).
30G Requirements for standard terms proposal (1) A standard terms proposal must— (a) specify sufficient terms to allow, without the need for the access seeker to enter into an agreement with the access provider, the designated ac- 42 Reprinted as at 28 May 2015 Telecommunications Act 2001 Part 2 s 30H cess service or specified service to be made available within the time frames specified under paragraph (c); and provide an explanation of, and reasons for, those terms; and state the time frames within which the access provider must make the service available to— (i) (ii) every person who is already an access seeker when the standard terms determination is made; and every person who becomes an access seeker after the standard terms determination is made; and be consistent with the description of the service in Part 2 or Part 3 of Schedule 1, as the case may be; and be consistent with the applicable access principles and any limits on those applicable access principles; and comply with any additional requirements that the Commission has speci- fied under section 30F(2).
(b) (c) (d) (e) (f) (2) The terms referred to in subsection (1)(a)— (a) must include the price payable for the supply of the service if that price has been determined in accordance with the applicable initial pricing principle or the applicable final pricing principle in a previous determin- ation made under section 27; or (b) must not include that price if that is not the case.
(3) The Commission may refuse to consider a standard terms proposal that— (a) (b) fails to comply with this section: is submitted late.

Section 30G: inserted, on 22 December 2006, by section 13 of the Telecommunications Amendment Act (No 2) 2006 (2006 No 83).
30H Failure to submit standard terms proposal (1) If an access provider of a designated access service or specified service fails to submit, in response to a notice under section 30F, a standard terms proposal that complies with section 30G, the Commission may— (a) (b) give written notice to another access provider, or an access seeker of the service requesting that access provider or, as the case may be, that access seeker to submit to the Commission, by a further date specified in the notice, a standard terms proposal that complies with section 30G: prepare a draft standard terms determination under section 30K even though it has not received a standard terms proposal from an access pro- vider or an access seeker of the service.
(2) The written notice under subsection (1)(a) must be accompanied by a copy of— 43 Part 2 s 30I Telecommunications Act 2001 Reprinted as at 28 May 2015 (a) (b) section 30G; and any additional requirements that the Commission specifies under section 30F(2).

Section 30H: inserted, on 22 December 2006, by section 13 of the Telecommunications Amendment Act (No 2) 2006 (2006 No 83).
30I Receipt of standard terms proposal As soon as practicable after receiving a standard terms proposal that complies with section 30G, the Commission must make reasonable efforts to do the fol- lowing things: (a) (b) (c) notify all parties to the determination in writing that the proposal has been received: give public notice of the receipt of the proposal: include in the public notice— (i) information about where a copy of the proposal may be viewed and obtained; and (ii) the closing date for submissions on the proposal.
Section 30I: inserted, on 22 December 2006, by section 13 of the Telecommunications Amendment Act (No 2) 2006 (2006 No 83).

30J Requirement for submissions A submission to the Commission on a standard terms proposal— (a) may be made about any matter to which the proposal relates; but (b) must set out the wording of any additional or alternative terms that are proposed to be included in the standard terms determination.
Section 30J: inserted, on 22 December 2006, by section 13 of the Telecommunications Amendment Act (No 2) 2006 (2006 No 83).

Draft standard terms determination Heading: inserted, on 22 December 2006, by section 13 of the Telecommunications Amendment Act (No 2) 2006 (2006 No 83).
30K Draft standard terms determination (1) The Commission must make reasonable efforts to do the following things not later than 60 working days after the closing date for submissions on a standard terms proposal: (a) (b) (c) determine the terms on which the service must be supplied; and prepare a draft standard terms determination containing those terms; and provide a copy of the draft standard terms determination to all parties to the determination; and (d) give public notice of the draft standard terms determination; and 44 Reprinted as at 28 May 2015 Telecommunications Act 2001 Part 2 s 30L (e) include in the public notice the closing date for submissions.
(2) A draft standard terms determination for a designated access service must also include,— (a) if the price or prices payable for the service have been determined in ac- cordance with the applicable final pricing principle in a determination made under section 51, either of the following: (i) (ii) that price or those prices; or an updated calculation of that price or those prices if the Commis- sion considers it to be necessary because of a change in circum- stances; or (b) if paragraph (a) does not apply, and the price or prices payable for the service have been determined in accordance with the applicable initial pricing principle in a determination made under section 27, any of the following: (i) (ii) (iii) that price or those prices; or an updated calculation of that price or those prices if the Commis- sion considers it to be necessary because of a change in circum- stances; or if the price or prices referred to in subparagraph (i) or (ii) are higher than the existing price charged by the relevant access pro- vider to the majority of its access seekers for the service, that existing price; or (c) if neither paragraph (a) nor paragraph (b) applies, the price or prices de- termined by the Commission in accordance with the applicable initial pricing principle.
Section 30K: inserted, on 22 December 2006, by section 13 of the Telecommunications Amendment Act (No 2) 2006 (2006 No 83).

30L Consultation or conferences If the Commission considers that persons other than the parties to the determin- ation have a material interest in a standard terms determination, the Commis- sion must, before preparing the standard terms determination under section 30M, either consult those persons or hold conferences in relation to the matter.
Section 30L: inserted, on 22 December 2006, by section 13 of the Telecommunications Amendment Act (No 2) 2006 (2006 No 83).

Standard terms determination Heading: inserted, on 22 December 2006, by section 13 of the Telecommunications Amendment Act (No 2) 2006 (2006 No 83).
45 Part 2 s 30M Telecommunications Act 2001 Reprinted as at 28 May 2015 30M Standard terms determination (1) As soon as practicable after completing any consultation or conferences under section 30L, or if there is no consultation or there are no conferences, after the closing date for submissions under section 30K(1)(e), the Commission must— (a) (b) prepare a standard terms determination; and provide a copy of the standard terms determination to all parties to the determination; and (c) give public notice of the standard terms determination.
(2) A standard terms determination is neither a legislative instrument nor a disal- lowable instrument for the purposes of the Legislation Act 2012 (and does not have to be presented to the House of Representatives under section 41 of that Act).

Section 30M: inserted, on 22 December 2006, by section 13 of the Telecommunications Amendment Act (No 2) 2006 (2006 No 83).

Section 30M(2): inserted, on 5 August 2013, by section 77(3) of the Legislation Act 2012 (2012 No 119).
30N Commission’s discretion to determine how standard terms determination is to be prepared (1) The Commission may, if it considers it appropriate in the circumstances, com- ply with section 30M(a) by preparing— (a) a standard terms determination relating to 2 or more designated access services or specified services that contains— (i) (ii) terms of general application to all the services to which the stand- ard terms determination relates; and a separate schedule for each of those services that includes terms of specific application to that service; or (b) a separate standard terms determination for each designated access serv- ice or specified service.
(2) Instead of preparing a standard terms determination in each case, the Commis- sion may also comply with section 30M(a) by adding a separate schedule that contains terms of specific application to a particular designated access service or specified service to an existing standard terms determination of the kind re- ferred to in subsection (1)(a).

Section 30N: inserted, on 22 December 2006, by section 13 of the Telecommunications Amendment Act (No 2) 2006 (2006 No 83).
30O Matters to be included in standard terms determination: general (1) A standard terms determination must— (a) specify sufficient terms to allow, without the need for the access seeker to enter into an agreement with the access provider, the designated ac- 46 Reprinted as at 28 May 2015 Telecommunications Act 2001 Part 2 s 30P cess service or specified service to be made available within the time frames specified under paragraph (b); and (b) state the time frames within which the access provider must make the service available to— (i) (ii) every person who is already an access seeker when the standard terms determination is made; and every person who becomes an access seeker after the standard terms determination is made; and specify the reasons for the standard terms determination; and specify the terms and conditions (if any) on which the standard terms de- termination is made; and specify the actions (if any) that a party to the standard terms determin- ation must take or refrain from taking.
(c) (d) (e) (2) To avoid doubt, a standard terms determination may also include, without limi- tation, terms concerning any or all of the following matters: (a) (b) (c) (d) dispute resolution procedures: the consequences of a breach of the determination (including provision for set-off or withholding rights, or liquidated damages): suspension and termination of the service: procedures for, or restrictions on, assignment of the service.
(3) The Commission must identify which of the terms (if any) specified in a stand- ard terms determination are allowed to be varied, on an application made under section 30V by a party to that determination, under a residual terms determin- ation.

Section 30O: inserted, on 22 December 2006, by section 13 of the Telecommunications Amendment Act (No 2) 2006 (2006 No 83).
30P Additional matters to be included in standard terms determination for designated access service (1) In addition to the matters set out in section 30O, a standard terms determination for a designated access service must also include,— (a) if the price or prices payable for the service have been determined in ac- cordance with the applicable final pricing principle in a determination made under section 51, either of the following: (i) (ii) that price or those prices; or an updated calculation of that price or those prices if the Commis- sion considers it to be necessary because of a change in circum- stances; or (b) if paragraph (a) does not apply, and the price or prices payable for the service have been determined in accordance with the applicable initial 47 Part 2 s 30Q Telecommunications Act 2001 Reprinted as at 28 May 2015 pricing principle in a determination made under section 27, any of the following: (i) (ii) (iii) that price or those prices; or an updated calculation of that price or those prices if the Commis- sion considers it to be necessary because of a change in circum- stances; or if the price or prices referred to in subparagraph (i) or (ii) are higher than the existing price charged by the relevant access pro- vider to the majority of its access seekers for the service, that existing price; or (c) if neither paragraph (a) nor paragraph (b) applies, the price or prices de- termined by the Commission in accordance with the applicable initial pricing principle.
(2) A standard terms determination for a designated access service may also in- clude any other terms concerning the price for the service that the Commission considers relevant.

Section 30P: inserted, on 22 December 2006, by section 13 of the Telecommunications Amendment Act (No 2) 2006 (2006 No 83).

30Q Standard terms determination not to include expiry date A standard terms determination must not include an expiry date for the deter- mination.
Section 30Q: inserted, on 22 December 2006, by section 13 of the Telecommunications Amendment Act (No 2) 2006 (2006 No 83).

30R Review of standard terms determination (1) (2) (3) The Commission may, on its own initiative, commence a review, at any time, of all or any of the terms specified in a standard terms determination.

The Commission may replace a standard terms determination or vary, add, or delete any of its terms, if it considers it necessary to do so after conducting a review.
In exercising the power conferred by subsection (2), the Commission may spe- cify how and when a replacement standard terms determination, or a variation, addition, or deletion of terms specified in the determination, takes effect in re- lation to— (a) (b) the initial standard terms determination: any relevant residual terms determination.

(4) The Commission may conduct a review in the manner, and within the time, that it thinks fit.
(5) The Commission must— (a) consult all parties to the determination on the review; and 48 Reprinted as at 28 May 2015 (b) (c) Telecommunications Act 2001 Part 2 s 30T give public notice of the commencement of the review; and include in the public notice under paragraph (b) the closing date for sub- missions; and (d) give public notice of the result of the review.

Section 30R: inserted, on 22 December 2006, by section 13 of the Telecommunications Amendment Act (No 2) 2006 (2006 No 83).
Application of standard terms determination Heading: inserted, on 22 December 2006, by section 13 of the Telecommunications Amendment Act (No 2) 2006 (2006 No 83).
30S Application of standard terms determination (1) If the Commission has made a standard terms determination for a designated access service or specified service,— (a) an access seeker of the service may request an access provider in writing to supply the service on the terms specified in that determination; and (b) the access provider must comply with the request.
(2) However, subsection (1) does not apply if,— (a) (b) after the date on which the standard terms determination for the service was made, the access seeker and the access provider entered into an agreement for the supply of the service; and it is less than 18 months since the date on which that agreement came into force.
(3) In complying with a request from an access seeker under subsection (1), the ac- cess provider must, if the Commission has made a residual terms determination for the service under section 30ZB in relation to that access seeker and that ac- cess provider, supply the service to that access seeker on the terms specified in that determination, as well as on the terms specified in the standard terms de- termination.
(4) However, if there is any inconsistency between the terms specified in a residual terms determination in relation to that access seeker and that access provider and the terms specified in a standard terms determination, the terms specified in the residual terms determination prevail.

Section 30S: inserted, on 22 December 2006, by section 13 of the Telecommunications Amendment Act (No 2) 2006 (2006 No 83).
30T Effect of standard terms determination on determination made under section 27 (1) This section applies if— (a) a determination for a designated access service or specified service is made under section 27; and 49 Part 2 s 30U Telecommunications Act 2001 Reprinted as at 28 May 2015 (b) that determination is still in force at the time a standard terms determin- ation is made for the service.
(2) An access seeker of the service who is a party to the determination made under section 27 may request the access provider in writing to supply the service on the terms specified in the standard terms determination.

(3) (4) The access provider must comply with the request.

The determination made under section 27 expires on the date on which the ac- cess provider begins to supply the service on the terms specified in the standard terms determination.
Section 30T: inserted, on 22 December 2006, by section 13 of the Telecommunications Amendment Act (No 2) 2006 (2006 No 83).

Residual terms determination Heading: inserted, on 22 December 2006, by section 13 of the Telecommunications Amendment Act (No 2) 2006 (2006 No 83).
30U Purpose of residual terms determination (1) The purpose of a residual terms determination is to allow the Commission, on the application of a party to a standard terms determination, to adjust the terms for the supply of a designated access service or specified service that are speci- fied in the standard terms determination.
(2) To that end, a residual terms determination may— (a) (b) address matters that were not addressed in the standard terms determin- ation; and vary any terms in the standard terms determination that the Commission has identified under section 30O(3) as being allowed to be varied.

Section 30U: inserted, on 22 December 2006, by section 13 of the Telecommunications Amendment Act (No 2) 2006 (2006 No 83).
30V Application for residual terms determination (1) An access seeker of a designated access service or specified service who is a party to a standard terms determination may apply to the Commission for a re- sidual terms determination of any terms on which the service must be supplied.
(2) If an access seeker applies for a residual terms determination under subsection (1), the access provider of the service may also apply to the Commission for a residual terms determination of any terms on which the access provider con- siders the service must be supplied.
(3) To avoid doubt, an application under this section— (a) may only be made if the Commission has made a standard terms deter- mination for the service; and (b) may seek either or both of the following: 50 Reprinted as at 28 May 2015 Telecommunications Act 2001 Part 2 s 30X (i) (ii) a determination of matters that were not addressed in the standard terms determination: a variation of any terms in the standard terms determination that the Commission has identified under section 30O(3) as being al- lowed to be varied.
Section 30V: inserted, on 22 December 2006, by section 13 of the Telecommunications Amendment Act (No 2) 2006 (2006 No 83).
30W When application may not be made (1) Despite section 30V, no person may apply for a residual terms determination if— (a) (b) (c) (d) all of the following apply: (i) (ii) (iii) the persons who would otherwise be parties to the determination have an agreement for the supply of the service; and that agreement was entered into after the date on which the rele- vant standard terms determination was made; and it is less than 18 months since the date on which that agreement came into force; or that person has not made reasonable attempts to negotiate the terms that are sought in the application for the residual terms determination with the person who would otherwise be a party to that determination; or that person has previously applied for a residual terms determination for the service and it is less than 18 months since the date on which that de- termination was made; or it is less than 18 months since the date on which the access provider be- gan to supply the service on the terms specified in the standard terms de- termination in accordance with a request made by the access seeker under section 30S(1); or (e) the applicable conditions in relation to the service (if any) have not been met.
(2) However, subsection (1)(d) does not prevent an access seeker from applying for a residual terms determination at any time before the access provider begins to supply the service on the terms specified in a standard terms determination in accordance with a request made by the access seeker under section 30S(1).

Section 30W: inserted, on 22 December 2006, by section 13 of the Telecommunications Amendment Act (No 2) 2006 (2006 No 83).
30X Requirements for application An application made under section 30V must— (a) (b) be in writing; and be given in the prescribed manner, if any; and 51 Part 2 s 30Y Telecommunications Act 2001 Reprinted as at 28 May 2015 (c) (d) contain the prescribed information, if any; and be accompanied by the prescribed fee, if any.

Section 30X: inserted, on 22 December 2006, by section 13 of the Telecommunications Amendment Act (No 2) 2006 (2006 No 83).
30Y Commission must notify parties On receiving an application made in accordance with section 30X, the Com- mission must— (a) (b) (c) notify the parties to the determination in writing that the application has been received; and provide a copy of the application to the other party to the determination; and request the parties to the determination to comment on the matter by written notice to the Commission not later than 10 working days after re- ceipt of the notice from the Commission.
Section 30Y: inserted, on 22 December 2006, by section 13 of the Telecommunications Amendment Act (No 2) 2006 (2006 No 83).
30Z Commission must decide whether to investigate (1) The Commission must make reasonable efforts to do the following things not later than 10 working days after the date by which the parties may comment on the application: (a) (b) (c) (d) decide whether or not to investigate the matter: give written notice of its decision to the parties: give public notice of its decision: request the parties to the residual terms determination to make submis- sions on the matter by written notice to the Commission not later than 10 working days after receipt of the notice of decision from the Commis- sion.
(2) Subsection (1)(d) applies only if the Commission has decided under subsection (1)(a) to investigate the matter.

Section 30Z: inserted, on 22 December 2006, by section 13 of the Telecommunications Amendment Act (No 2) 2006 (2006 No 83).
30ZA Consultation or conferences If the Commission considers that persons other than the parties to the determin- ation have a material interest in the residual terms determination, the Commis- sion may either consult those persons or hold conferences in relation to the matter.

Section 30ZA: inserted, on 22 December 2006, by section 13 of the Telecommunications Amend- ment Act (No 2) 2006 (2006 No 83).
52 Reprinted as at 28 May 2015 Telecommunications Act 2001 Part 2 s 30ZD 30ZB Preparation of residual terms determination After investigating the matter, the Commission must— (a) (b) (c) prepare a residual terms determination; and give a copy of the determination to the parties to the determination; and give public notice of the determination.

Section 30ZB: inserted, on 22 December 2006, by section 13 of the Telecommunications Amendment Act (No 2) 2006 (2006 No 83).
30ZC Requirements for residual terms determination A residual terms determination must, in the opinion of the Commission,— (a) be made in accordance with— (i) (ii) the applicable access principles and any limits on those applicable access principles; and any regulations made in respect of the applicable access principles and any limits on those applicable access principles; and (b) comply with any relevant approved codes.
Section 30ZC: inserted, on 22 December 2006, by section 13 of the Telecommunications Amendment Act (No 2) 2006 (2006 No 83).
30ZD Matters to be included in residual terms determination A residual terms determination must include— (a) (b) (c) (d) the terms on which the service must be supplied; and the reasons for the determination; and the terms and conditions (if any) on which the determination is made; and the actions (if any) that a party to the determination must take or refrain from taking; and (e) the expiry date of the determination.
Section 30ZD: inserted, on 22 December 2006, by section 13 of the Telecommunications Amend- ment Act (No 2) 2006 (2006 No 83).

Subpart 3—Determinations for designated multinetwork services Commission may initiate process for designated multinetwork service determination on own initiative Heading: inserted, on 22 December 2006, by section 14 of the Telecommunications Amendment Act (No 2) 2006 (2006 No 83).
53 Part 2 s 31AA Telecommunications Act 2001 Reprinted as at 28 May 2015 31AA Commission may initiate process for designated multinetwork service determination on own initiative (1) The Commission may, on its own initiative, initiate the process for a determin- ation of— (a) (b) the functions that must be performed by a system for delivering a desig- nated multinetwork service and the standard to which those functions must be performed; and the formula for how the cost of delivering the service must be appor- tioned between the access seeker and all access providers of the service.
(2) The Commission may decide to initiate that process only if it is satisfied that there are reasonable grounds for doing so.

Section 31AA: inserted, on 22 December 2006, by section 14 of the Telecommunications Amend- ment Act (No 2) 2006 (2006 No 83).
31 Application Application An access seeker of a designated multinetwork service may apply to the Com- mission for a determination of— (a) (b) the functions that must be performed by a system for delivering the serv- ice and the standard to which those functions must be performed; and the formula for how the cost of delivering the service must be appor- tioned between the access seeker and all access providers of the service.
32 When application may not be made Despite section 31, no person may apply for a determination— (a) (b) (c) of any matters that an approved code already provides for; or if the Commission has already made a determination in respect of the designated multinetwork service and the determination has not expired; or if there is an agreement between the access seeker and all access provid- ers for the supply of the service and the agreement provides for all of the matters set out in section 31.
33 Requirements for application An application under section 31 must— (a) (b) (c) (d) be in writing; and be given in the prescribed manner, if any; and contain the prescribed information, if any; and be accompanied by the prescribed fee, if any.
54 Reprinted as at 28 May 2015 Telecommunications Act 2001 Part 2 s 36 34 Commission must notify parties Notification On initiating the process for a designated multinetwork service determination under section 31AA or on receiving an application made in accordance with section 33, the Commission must— (a) (b) (c) notify all the parties to the determination in writing that it has initiated that process or received the application, as the case may be; and for an application made in accordance with section 33, provide a copy of the application to all access providers of the service; and request all the parties to the determination to comment on the matter by written notice to the Commission not later than 10 working days after re- ceipt of the notice from the Commission.
Section 34: substituted, on 22 December 2006, by section 15 of the Telecommunications Amendment Act (No 2) 2006 (2006 No 83).
35 Commission must decide whether to investigate Investigation The Commission must make reasonable efforts to do the following things not later than 10 working days after the date by which the parties may comment on the matter: (a) (b) (c) decide whether or not to investigate the matter: give written notice of its decision to all the parties to the determination: give public notice of its decision.
Section 35: amended, on 22 December 2006, by section 16 of the Telecommunications Amendment Act (No 2) 2006 (2006 No 83).
Draft determination 36 (1) Draft determination The Commission must make reasonable efforts to do the following things not later than 60 working days after it gave written notice under section 35(b)— (a) (b) (c) (d) prepare a draft determination; and give a copy of the draft determination to all the parties to the determin- ation; and give public notice of the draft determination; and include in the public notice— (i) the closing date for submissions, which must not be earlier than 20, and not later than 40, working days after the date of publica- tion of the draft determination; and 55 Part 2 s 37 Telecommunications Act 2001 Reprinted as at 28 May 2015 (ii) if a public hearing is to be held under section 38, the date of the public hearing.
(2) If, despite making reasonable efforts, the Commission is unable to do all the things set out in subsection (1) within the time limit specified in that subsec- tion, the Commission must give to the parties concerned written reasons for not meeting that time limit.
37 Matters to be included in draft determination (1) Subject to subsection (2), the draft determination must include— (a) (b) (c) (d) (e) a description of the functions that must be performed by a system for de- livering the service and the standard to which those functions must be performed; and the formula for how the cost of delivering the service must be appor- tioned between the parties to the determination and every person who becomes an access provider after the determination is made; and the reasons for the determination; and the terms and conditions on which the determination is proposed to be made; and the actions (if any) that a party to the determination must do or refrain from doing; and (f) the proposed expiry date of the determination.
(2) Subsection (1)(a) applies only to the extent that the matters referred to in that paragraph have not already been provided for in an approved code.

38 Consultation, conferences, or public hearing The Commission may consult with interested parties, hold conferences, or, if it is satisfied that it is in the public interest to do so, hold a public hearing, in re- lation to a draft designated multinetwork service determination.
39 Determination Determination As soon as practicable after completing any consultation, conferences, or any public hearing under section 38, or if there is no consultation, conferences, or public hearing, after the closing date for submissions under section 36(1)(d)(i), the Commission must,— (a) (b) prepare a determination; and give a copy of the determination to all the parties to the determination; and (c) give public notice of the determination.
56 Reprinted as at 28 May 2015 Telecommunications Act 2001 Part 2 s 41 40 Matters to be included in determination (1) Subject to subsection (2), a designated multinetwork service determination must include— (a) (b) (c) (d) (e) (f) (g) the functions that must be performed by a system for delivering the serv- ice and the standard to which those functions must be performed; and the formula for how the cost of delivering the service must be appor- tioned between the parties to the determination and every person who becomes an access provider after the determination is made; and the requirement that all the parties to the determination provide the serv- ice by means of a system that is consistent with the functions and the standards set out in the determination; and the requirement that any party to the determination make payments to an access provider of amounts calculated in accordance with the formula set out in the determination; and the reasons for the determination; and the terms and conditions (if any) on which the determination is made; and the actions (if any) that a party to the determination must do or refrain from doing; and (h) the expiry date of the determination.
Subsection (1)(a) applies only to the extent that the matters referred to in that paragraph have not already been provided for in an approved code.

Determinations not invalid for certain failures If the Commission omits to do any of the things listed in subsection (2), that omission does not in any way affect the validity of the determination to which the omission relates.
(2) 41 (1) (2) The things referred to in subsection (1) are as follows: (a) (b) (c) to notify any party to a determination under section 34(a): to provide a copy of an application for a determination to an access pro- vider under section 34(b): to give a copy of the draft determination to a party to the determination under section 36(1)(b): (d) to give a copy of the determination to a party under section 39(b).
57 Part 2 s 42 Telecommunications Act 2001 Reprinted as at 28 May 2015 Subpart 4—Pricing review determinations for designated access services 42 (1) Application Application If a determination is made under section 27 or section 30M regarding the price payable for a designated access service, a party to the determination may apply for a review of that part of the determination that relates to the price to be paid for the service.
(1A) However, subsection (1) does not apply in relation to a determination made under section 30M if the price to be paid for the service was included in that determination under section 30P(1)(a).

(2) A determination made under section 27 or section 30M continues to have effect and is enforceable pending the making of a pricing review determination.
(3) A party to a determination made under section 27 or section 30M that relates to the price payable for a designated access service may apply for a review of any discount specified in the applicable initial pricing principle for the service.

(4) Subsections (2) and (3) are for the avoidance of doubt.

Section 42(1): amended, on 22 December 2006, by section 17(1) of the Telecommunications Amend- ment Act (No 2) 2006 (2006 No 83).
Section 42(1A): inserted, on 22 December 2006, by section 17(2) of the Telecommunications Amendment Act (No 2) 2006 (2006 No 83).

Section 42(2): amended, on 22 December 2006, by section 17(1) of the Telecommunications Amend- ment Act (No 2) 2006 (2006 No 83).

Section 42(3): amended, on 22 December 2006, by section 17(1) of the Telecommunications Amend- ment Act (No 2) 2006 (2006 No 83).
43 Requirements for application An application under section 42 must— (a) (b) (c) (d) (e) be in writing; and be given to the Commission not later than 25 working days after,— (i) (ii) for a determination made under section 27, the date on which the person received the copy of the determination; and for a standard terms determination made under section 30M, the date on which public notice of that determination is given under section 30M(c): be given in the prescribed manner, if any; and contain the prescribed information, if any; and be accompanied by the prescribed fee, if any.
Section 43(b): substituted, on 22 December 2006, by section 18 of the Telecommunications Amend- ment Act (No 2) 2006 (2006 No 83).
58 Reprinted as at 28 May 2015 Telecommunications Act 2001 Part 2 s 45 44 Commission’s requirements on receiving application Notification On receiving an application made in accordance with section 43, the Commis- sion must— (a) (b) (c) notify the parties to the determination in writing that the application has been received; and provide a copy of the application to the other party or parties to the de- termination (as the case requires); and request the parties to the determination to comment on the matter by written notice to the Commission not later than 10 working days after re- ceipt of the notice from the Commission; and (d) give public notice of the application.
Section 44(b): amended, on 22 December 2006, by section 19 of the Telecommunications Amend- ment Act (No 2) 2006 (2006 No 83).

Calculation of price 45 Access provider to calculate price on request (1) On receiving an application made in accordance with section 43, the Commis- sion may, by notice in writing, require an access provider to calculate the price payable for the designated access service.
(2) If an access provider is requested, under subsection (1), to calculate the price payable for the designated access service, an access provider must, not later than the time specified by the Commission,— (a) calculate that price in accordance with— (i) (ii) the applicable final pricing principle (as affected, if at all, by clause 2 or clause 3 of Schedule 1); and any regulations that relate to the applicable final pricing principle or, if there are no regulations, any requirements of the Commis- sion: (b) provide to the Commission— (i) (ii) a statement that sets out how the price was calculated; and all information on which the calculation of the price was based.
(3) Subsection (2) is subject to the requirement (if any) set out in subpart 1 of Part 2 of Schedule 1 in respect of the applicable final pricing principle.

Section 45(1): amended, on 22 December 2006, by section 20(1) of the Telecommunications Amend- ment Act (No 2) 2006 (2006 No 83).

Section 45(2): amended, on 22 December 2006, by section 20(2) of the Telecommunications Amend- ment Act (No 2) 2006 (2006 No 83).
Section 45(2)(a)(ii): substituted, on 22 December 2006, by section 20(3) of the Telecommunications Amendment Act (No 2) 2006 (2006 No 83).

59 Part 2 s 46 Telecommunications Act 2001 Reprinted as at 28 May 2015 46 Offences [Repealed] Section 46: repealed, on 22 December 2006, by section 21 of the Telecommunications Amendment Act (No 2) 2006 (2006 No 83).
47 Draft pricing review determination Draft determination As soon as practicable after the completion of any requirements under section 45 or, if the Commission does not make a request under that section or under subpart 1 of Part 2 of Schedule 1, after receiving an application under section 42, the Commission must— (a) (b) (c) (d) prepare a draft pricing review determination; and give a copy of the draft pricing review determination to the parties to the determination; and give public notice of the draft pricing review determination; and include in the public notice the closing date for submissions, which must not be later than 30 working days after the date of publication of the draft determination.
48 Requirements for draft determination In preparing the draft pricing review determination, the Commission— (a) must consider any calculation made under section 45; and (b) may consider any matters included in a determination made under sec- tion 27 that relate to the price payable for the designated access service, and may make a determination in respect of those matters.
49 Matters to be included in draft determination The draft pricing review determination must include— (a) the price payable for the designated access service, which, in the opinion of the Commission, is determined in accordance with— (i) (ii) the applicable final pricing principle (as affected, if at all, by clause 2 or clause 3 of Schedule 1); and any regulations that relate to the applicable final pricing principle or, if there are no regulations, any requirements of the Commis- sion; and (b) if the Commission has considered any matters that relate to the price payable for the designated access service under section 48(b), the Com- mission’s determination (if any) of those matters; and (c) the reasons for the determination; and 60 Reprinted as at 28 May 2015 Telecommunications Act 2001 Part 2 s 52 (d) (e) the terms and conditions on which the determination is proposed to be made; and the actions (if any) that a party to the determination must do or refrain from doing; and (f) the proposed expiry date of the determination.
Section 49(a)(ii): substituted, on 22 December 2006, by section 22 of the Telecommunications Amendment Act (No 2) 2006 (2006 No 83).

50 Consultation or conferences Consultation If the Commission considers that persons, other than the parties to the deter- mination, have a material interest in the matter to be determined, the Commis- sion must, before preparing a determination under section 51, either consult those persons or hold conferences in relation to the matter.
Determination 51 Pricing review determination (1) As soon as practicable after completing any consultation or conferences under section 50, the Commission must— (a) (b) (c) prepare the pricing review determination; and give a copy of the determination to the parties to the determination; and give public notice of the determination.
(2) To avoid doubt, a determination made under section 27 continues to have effect and is enforceable to the extent that it has not been altered by a pricing review determination.
52 Matters to be included in determination A pricing review determination must include— (a) the price payable for the designated access service, which, in the opinion of the Commission, is determined in accordance with— (i) (ii) the applicable final pricing principle (as affected, if at all, by clause 2 or clause 3 of Schedule 1); and any regulations that relate to the applicable final pricing principle or, if there are no regulations, any requirements of the Commis- sion; and if the Commission has considered any matters that relate to the price payable for the designated access service under section 48(b) and has made a determination in respect of those matters, that determination; and the reasons for the pricing review determination and the determination referred to in paragraph (b) (if any); and (b) (c) 61 Part 2 s 53 Telecommunications Act 2001 Reprinted as at 28 May 2015 (d) (e) the terms and conditions (if any) on which the pricing review determin- ation and the determination referred to in paragraph (b) (if any) is made; and the actions (if any) that a party to the determination must do or refrain from doing; and (f) the expiry date of the determination.
Section 52(a)(ii): substituted, on 22 December 2006, by section 23 of the Telecommunications Amendment Act (No 2) 2006 (2006 No 83).
Subpart 5—Supplementary provisions for all determinations 53 Procedure for determinations For a determination made under this Part, the Commission— (a) is not bound by technicalities, legal forms, or rules of evidence: (b) may inform itself of any matter relevant to the determination in any way it thinks appropriate: (c) must consider all submissions made in relation to the determination and all information and opinions presented or expressed at any conference or public hearing in relation to the determination.
54 Applicant may withdraw (1) An applicant in respect of a determination (except a standard terms determin- ation or a designated multinetwork determination) may, at any time, withdraw the application by written notice to the Commission.

(2) If the Commission receives a notice of withdrawal under subsection (1), then it must— (a) (b) (c) notify all the parties to the determination of the withdrawal; and cease preparation of the determination concerned; and determine any costs under sections 55 and 56.
Section 54(1): amended, on 22 December 2006, by section 24 of the Telecommunications Amend- ment Act (No 2) 2006 (2006 No 83).

Commission’s costs The costs of the Commission in relation to a determination or application for a determination (including the costs of any expert advice) must be met by the parties to the determination in the proportions directed by the Commission in writing.
The Commission’s costs in relation to a standard terms determination, or a pricing review determination in relation to a standard terms determination, may be met— (a) in the manner provided under subsection (1); or 55 (1) (2) 62 Reprinted as at 28 May 2015 (b) (c) Telecommunications Act 2001 Part 2 s 59 by way of a levy under section 11; or by a combination of the ways referred to in paragraphs (a) and (b).
Section 55(2): added, on 22 December 2006, by section 25 of the Telecommunications Amendment Act (No 2) 2006 (2006 No 83).

56 (1) (2) (3) 57 (1) Parties’ costs Subject to subsection (2), each party bears his or her own costs in relation to a determination or application for a determination.
The Commission may, by written direction to a party to a determination, re- quire that person to meet some or all of the other party’s costs in respect of a determination or application for a determination if, in the opinion of the Com- mission, the party has materially contributed to any costs or unreasonable delay.

The direction must specify the amount payable by each person.
Enforcing directions given under section 55 or section 56(2) The Commission may enforce a direction given under section 55 by filing it in the prescribed form in the Wellington Registry of the High Court.

(2) A party to a determination in respect of which a direction has been given under section 56(2) may enforce that direction by filing it in the Wellington Registry of the High Court.
(3) A direction that is filed in the High Court under this section is enforceable as a judgment of the High Court in its civil jurisdiction.

58 (1) Clarification of determination The Commission may amend a determination for the purpose of making a clarification if— (a) (b) (c) at any time the Commission, on its own initiative or on the application of any person, considers that a determination requires clarification; and [Repealed] no appeal is pending in respect of the determination.
(2) The Commission must give public notice of an amendment to a determination made under subsection (1).

Section 58(1)(b): repealed, on 22 December 2006, by section 26 of the Telecommunications Amend- ment Act (No 2) 2006 (2006 No 83).
59 (1) Reconsideration of determination Subject to subsection (2), the Commission may at any time, on the application of a party to a determination, revoke or amend the determination or revoke the determination and make a further determination in substitution for it if the Commission considers that— 63 Part 2 s 60 Telecommunications Act 2001 Reprinted as at 28 May 2015 (a) (b) (c) there has been a material change of circumstances since the date on which a determination was made or last reconsidered; or [Repealed] the determination was made on the basis of information that was false or misleading in a material particular.
(2) A determination may not be reconsidered if an appeal is pending in respect of the determination.

(3) (4) (5) 60 (1) In reconsidering a determination, the Commission must follow the same process that was followed for the initial determination.

To avoid doubt, a determination continues to have effect and is enforceable pending its reconsideration under this section.

The Commission must give public notice of a revoked or amended determin- ation or a revoked and substituted determination.
Section 59(1)(b): repealed, on 22 December 2006, by section 27 of the Telecommunications Amend- ment Act (No 2) 2006 (2006 No 83).
Appeals from certain determinations under Part 2 Subject to subsection (2), a party to a determination made under this Part may appeal to the High Court against— (a) (b) (c) (d) a direction of the Commission under section 55 or section 56(2): the determination (including an amendment to a determination made under section 58 or a determination that has been reconsidered under section 59) on a question of law: a decision of the Commission not to clarify a determination under sec- tion 58 on a question of law: a decision of the Commission not to reconsider a determination under section 59 on a question of law.
(2) No party may appeal against a determination made under this Part— (a) while a clarification of the determination under section 58 is pending; or (b) while a reconsideration of the determination under section 59 is pending.

(3) (4) If appeal or judicial review proceedings are commenced in respect of a deter- mination, then, until the proceedings are finally disposed of, the determination continues to have effect and is enforceable as if the proceedings had not been commenced.
The decision of the High Court on appeal from a determination is final unless leave to appeal to the Court of Appeal is given by the High Court or, if leave is refused by the High Court, by the Court of Appeal.

(5) [Repealed] Section 60(5): repealed, on 1 January 2004, by section 48(2) of the Supreme Court Act 2003 (2003 No 53).
64 Reprinted as at 28 May 2015 Telecommunications Act 2001 Part 2 s 66 61 Enforcing determinations of Commission [Repealed] Section 61: repealed, on 22 December 2006, by section 28 of the Telecommunications Amendment Act (No 2) 2006 (2006 No 83).
62 Expiry of determinations Every determination expires on the earlier of— (a) (b) the expiry date stated in the determination (if any); or the date on which the designated service or specified service to which the determination applies ceases to have that status because it has been omitted from Schedule 1 under section 66(b).

Section 62: substituted, on 22 December 2006, by section 29 of the Telecommunications Amendment Act (No 2) 2006 (2006 No 83).
63 Application of Commerce Act 1986 Part 2 of the Commerce Act 1986 does not apply in respect of a determination made under this Part or any matter necessary for giving effect to a determin- ation made under this Part.
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] Section 64: repealed, on 22 December 2006, by section 30 of the Telecommunications Amendment Act (No 2) 2006 (2006 No 83).
65 Expiry of designated services and specified services [Repealed] Section 65: repealed, on 22 December 2006, by section 30 of the Telecommunications Amendment Act (No 2) 2006 (2006 No 83).
66 Alterations to Part 2 or Part 3 of Schedule 1 The Governor-General may, by Order in Council made on the recommendation of the Minister, amend Part 2, or Part 3, of Schedule 1 by— (a) adding a telecommunications service to the Part and setting out in rela- tion to that service— (i) (ii) (iii) (iv) a description of the service; and any applicable conditions; and a description of the access providers and access seekers; and in the case of a service being added to subpart 1 of Part 2, or Part 3, of Schedule 1, a description of— 65 Part 2 s 67 Telecommunications Act 2001 Reprinted as at 28 May 2015 (A) (B) the applicable access principles; and the limits (if any) on the applicable access principles; and (v) in the case of a service being added to subpart 1 of Part 2 of Schedule 1,— (A) (B) (C) (D) the applicable initial pricing principle; and the applicable final pricing principle; and any requirement referred to in section 45 for the applicable final pricing principle; and any additional matters that must be considered regarding the application of section 18: (b) (c) omitting a telecommunications service from the Part: in respect of a service, amending— (i) (ii) (iii) (iv) (v) (vi) the description of the service: any applicable conditions: the description of access seekers: the description of access providers: the description of the applicable access principles: the description of the limits (if any) on the applicable access prin- ciples: (vii) the applicable initial pricing principle and the applicable final pricing principle: (viii) any requirement referred to in section 45 for the applicable final pricing principle: (ix) any additional matters that must be considered regarding the ap- plication of section 18.
67 Alterations to clauses 1 to 6 of Schedule 1 The Governor-General may, by Order in Council made on the recommendation of the Minister, amend any of clauses 1 to 6 of Schedule 1.

68 Minister’s recommendation subject to procedure in Schedule 3 The Minister must not make a recommendation under section 66 or 67 unless the Minister accepts the Commission’s recommendation that the proposed al- teration be made.
The Commission’s recommendation must be made in accordance with the pro- cedure set out in— (a) Part 2 of Schedule 3 for a telecommunications service that is omitted from Part 3 of Schedule 1 and is added to Part 2 of that schedule; or (b) Part 1 of Schedule 3 in any other case.
(1) (2) 66 Reprinted as at 28 May 2015 Telecommunications Act 2001 Part 2 s 69 (3) This section does not prevent the Minister from making a recommendation under section 66 or 67 to amend the detail of a proposed alteration so long as the recommendation— (a) (b) implements the effect of the Commission’s recommendation on the pro- posed alteration; and does not differ from that recommendation in any material way (for ex- ample, other than in matters of drafting style or minor detail).
Section 68: substituted, on 22 December 2006, by section 31 of the Telecommunications Amendment Act (No 2) 2006 (2006 No 83).

68A Application of Schedule 3A (1) Schedule 3A applies if Schedule 3 applies.

(2) However, Schedule 3A does not limit Schedule 3.

69 (1) Section 68A: inserted, on 22 December 2006, by section 31 of the Telecommunications Amendment Act (No 2) 2006 (2006 No 83).
Regulations The Governor-General may, by Order in Council made on the recommendation of the Minister, make regulations for all or any of the following purposes: (a) (b) (c) (d) (e) (f) (g) providing for the application of applicable access principles under sec- tion 29(a): providing for the application of the applicable initial pricing principle under section 29(c): prescribing a method or methods for the calculation of the price payable under section 45(2), which must be consistent with the applicable final pricing principle: providing for the determination of the price payable under section 49(a), which must be consistent with the applicable final pricing principle: providing for the determination of the price payable under section 52(a), which must be consistent with the applicable final pricing principle: providing requirements relating to the information that must be provided to the Commission in relation to all or any of the matters referred to in paragraphs (a) to (e): providing for any other matters contemplated by this Part, necessary for its administration, or necessary for giving it full effect.
(2) The Minister must not make a recommendation under subsection (1) unless the Commission has recommended the making of the regulations.
67 Part 2A s 69A Telecommunications Act 2001 Reprinted as at 28 May 2015 Part 2A Structural separation of Telecom Part 2A: substituted, on 30 November 2011 (being the date of separation day, and an Order in Coun- cil (SR 2011/302) having been made under section 36), by section 51 of the Telecommunications (TSO, Broadband, and Other Matters) Amendment Act 2011 (2011 No 27).
Subpart 1—Preliminary provisions Subpart 1 heading: inserted, on 30 November 2011 (being the date of separation day, and an Order in Council (SR 2011/302) having been made under section 36), by section 51 of the Telecommunica- tions (TSO, Broadband, and Other Matters) Amendment Act 2011 (2011 No 27).
69A Purpose of Part The purpose of this Part is to provide for matters relating to the structural sep- aration of Telecom to facilitate— (a) the promotion of competition in telecommunications markets for the long-term benefit of end-users of telecommunications services in New Zealand; and (b) efficient investment in telecommunications infrastructure and services.
Section 69A: substituted, on 30 November 2011 (being the date of separation day, and an Order in Council (SR 2011/302) having been made under section 36), by section 51 of the Telecommunica- tions (TSO, Broadband, and Other Matters) Amendment Act 2011 (2011 No 27).
69B Interpretation In this Part, unless the context otherwise requires,— asset–– (a) means property of any kind, whether or not situated in New Zealand, whether tangible or intangible, real or personal, corporeal or incorporeal, and whether or not subject to rights; and (b) includes–– (i) (ii) (iii) (iv) (v) estates or interests in any land, including rights of occupation of land or buildings: buildings, vehicles, plant, equipment, machinery, fixtures and fit- tings, and rights in them: choses in action and money: rights of any kind, and applications, objections, submissions, and appeals in respect of those rights: intellectual property and applications pending for intellectual property: (vi) goodwill, and any business undertaking Chorus— (a) means ChorusCo; and 68 Reprinted as at 28 May 2015 Telecommunications Act 2001 Part 2A s 69C (b) includes any of its subsidiaries ChorusCo means the company that is to be demerged from Telecom on separ- ation day in accordance with the demerger arrangement demerger arrangement means an arrangement approved by the court pursuant to Part 15 of the Companies Act 1993 on the application of Telecom involving the distribution of 100% of the ordinary shares held by Telecom Corporation of New Zealand Limited in ChorusCo to the holders (including a nominee for holders) of ordinary shares in Telecom Corporation of New Zealand Limited liabilities means liabilities, debts, charges, duties, and obligations of every de- scription, whether present or future, actual or contingent, and
 whether payable or to be observed or performed in New Zealand or elsewhere related party has the meaning set out in section 69U rights includes all rights, powers, privileges, interests, leases, licences, appro- vals, consents, designations, permissions, dispensations, authorisations, bene- fits, defences, immunities, claims, and equities of any kind, whether arising from, accruing under, created or evidenced by, or the subject of, an instrument or otherwise, and whether liquidated or unliquidated, actual, contingent, or pro- spective separation day means the day on which Telecom Corporation of New Zealand Limited distributes 100% of the ordinary shares it holds in ChorusCo in ac- cordance with the demerger arrangement.
Section 69B: substituted, on 30 November 2011 (being the date of separation day, and an Order in Council (SR 2011/302) having been made under section 36), by section 51 of the Telecommunica- tions (TSO, Broadband, and Other Matters) Amendment Act 2011 (2011 No 27).
Subpart 2—Monitoring of shared assets, services, and systems Subpart 2 heading: inserted, on 30 November 2011 (being the date of separation day, and an Order in Council (SR 2011/302) having been made under section 36), by section 51 of the Telecommunica- tions (TSO, Broadband, and Other Matters) Amendment Act 2011 (2011 No 27).
69C Interpretation In this subpart, unless the context otherwise requires,— arm’s-length has the meaning set out in section 69D executed, in relation to a sharing arrangement or a material amendment to a sharing arrangement, means signed under the name of the relevant company by a person acting under the company’s authority sharing arrangement— (a) means an arrangement, agreement, contract, or understanding between Telecom and Chorus for the purpose of providing either or both with ac- cess to, or continued use of, a system, asset, or service that is owned or controlled by Telecom at the close of the day before separation day; and 69 Part 2A s 69D Telecommunications Act 2001 Reprinted as at 28 May 2015 (b) (c) includes an arrangement, agreement, contract, or understanding of the kind described in paragraph (a) that is conducted with or through a third party; but does not include any of the following, or anything that is wholly in ac- cordance with the following: (i) (ii) (iii) (iv) (v) the regulated terms of supply of a designated service or a speci- fied service; or a registered undertaking; or an undertaking under Part 4AA; or a deemed TSO instrument; or an undertaking approved in accordance with subpart 4 of this Part (undertakings by Chorus); or (vi) an arrangement that is exempted under section 69N; or (vii) an arrangement that relates to ensuring compliance by Telecom, Chorus, or both with— (A) (B) the duties imposed by the Telecommunications (Intercep- tion Capability and Security) Act 2013 on a network oper- ator (within the meaning of that Act); or duties or requirements imposed by any other Act, intercep- tion warrant, or other lawful authority that relate to the in- terception of communications.
Section 69C: substituted, on 30 November 2011 (being the date of separation day, and an Order in Council (SR 2011/302) having been made under section 36), by section 51 of the Telecommunica- tions (TSO, Broadband, and Other Matters) Amendment Act 2011 (2011 No 27).

Section 69C sharing arrangement paragraph (c)(vii)(A): amended, on 11 May 2014, by section 123 of the Telecommunications (Interception Capability and Security) Act 2013 (2013 No 91).
69D Meaning of arm’s-length Without limiting the ordinary meaning of the expression, arm’s-length in- cludes having relationships, dealings, and transactions that— (a) (b) do not include elements that parties in their respective positions would usually omit; and do not omit elements that parties in their respective positions would usu- ally include,— if the parties were— (c) (d) (e) connected or related only by the transaction or dealing in question; and acting independently; and each acting in its own best interests.
Section 69D: substituted, on 30 November 2011 (being the date of separation day, and an Order in Council (SR 2011/302) having been made under section 36), by section 51 of the Telecommunica- tions (TSO, Broadband, and Other Matters) Amendment Act 2011 (2011 No 27).
70 Reprinted as at 28 May 2015 Telecommunications Act 2001 Part 2A s 69G 69E Requirements for sharing arrangements (1) Every sharing arrangement must— (a) (b) (c) (d) be recorded in writing and be executed by Telecom and Chorus; and be on arm’s-length terms between Telecom and Chorus; and be unlikely to harm competition in any telecommunications market; and ensure the protection of confidential commercial information or custom- er confidential information.
(2) Telecom and Chorus must not enter into a sharing arrangement unless the ar- rangement meets the requirements in subsection (1).

Section 69E: substituted, on 30 November 2011 (being the date of separation day, and an Order in Council (SR 2011/302) having been made under section 36), by section 51 of the Telecommunica- tions (TSO, Broadband, and Other Matters) Amendment Act 2011 (2011 No 27).
Section 69E(1)(d): amended, on 5 December 2013, by section 4 of the Telecommunications Amend- ment Act 2013 (2013 No 136).
69F Commission must be notified of proposed and final sharing arrangements (1) Telecom and Chorus must,— (a) not later than 10 working days after separation day, provide a copy of all sharing arrangements executed before separation day to the Commis- sion; and (b) if a sharing arrangement is entered into after separation day,— (i) (ii) not later than 10 working days before the sharing arrangement is executed, notify the Commission of their intention to enter into the sharing arrangement and provide a copy of the proposed ar- rangement to the Commission; and not later than 10 working days after the final sharing arrangement is executed, provide a copy of the arrangement to the Commis- sion.
(2) (3) Subsection (1) applies to any material amendment to a sharing arrangement as if that amendment were a sharing arrangement.

See sections 156L(3) and 156M for the maximum penalty of $1 million (and $50,000 per day) for breach of this section.
Section 69F: substituted, on 30 November 2011 (being the date of separation day, and an Order in Council (SR 2011/302) having been made under section 36), by section 51 of the Telecommunica- tions (TSO, Broadband, and Other Matters) Amendment Act 2011 (2011 No 27).
69G Obligation to collect and retain information for monitoring purposes Telecom and Chorus must each collect and retain information relating to the operation and performance of a sharing arrangement for the purpose of ena- bling the Commission to monitor compliance with this subpart.
71 Part 2A s 69H Telecommunications Act 2001 Reprinted as at 28 May 2015 Section 69G: substituted, on 30 November 2011 (being the date of separation day, and an Order in Council (SR 2011/302) having been made under section 36), by section 51 of the Telecommunica- tions (TSO, Broadband, and Other Matters) Amendment Act 2011 (2011 No 27).
69H Commission’s monitoring, investigation, and enforcement powers (1) The Commission may, by notice in writing, require Telecom and Chorus to pre- pare and disclose information consisting of, or about, the following: (a) (b) the terms, execution, or performance of a sharing arrangement: any report, agreement, or other information relating to the sharing ar- rangement that the Commission considers necessary for the purpose of monitoring compliance with this subpart.
(2) Telecom and Chorus must prepare and disclose the information required within the period specified in the notice.
(3) A notice under this section may require either or both of the following: (a) that all or any of the information be audited by a qualified auditor and that the auditor provide a report directly to the Commission on the mat- ters that the Commission specifies as those that must be addressed in that report: (b) that all or any of the information be verified by statutory declaration in the form and by the persons required by the Commission.
To avoid doubt, nothing in this section limits the application of section 98 of the Commerce Act 1986.

The Commission may, for the purpose of monitoring, investigation, and en- forcement under this subpart, consult with any persons that the Commission considers may be affected by a sharing arrangement.

See sections 156L(3) and 156M for the maximum penalty of $1 million (and $50,000 per day) for breach of this section.
Section 69H: substituted, on 30 November 2011 (being the date of separation day, and an Order in Council (SR 2011/302) having been made under section 36), by section 51 of the Telecommunica- tions (TSO, Broadband, and Other Matters) Amendment Act 2011 (2011 No 27).

(4) (5) (6) 69I Commission may give non-compliance notice This section applies if the Commission considers that Telecom and Chorus are parties to a sharing arrangement that contravenes section 69E (a non-compli- ance).
The Commission may give written notice to each party (a non-compliance no- tice) setting out— (a) (b) (c) the nature of the non-compliance; and the 10-day time limit for responses in section 69J; and the 40-day time limit for rectification and enforcement (see section 69K).
(1) (2) 72 Reprinted as at 28 May 2015 Telecommunications Act 2001 Part 2A s 69K Section 69I: substituted, on 30 November 2011 (being the date of separation day, and an Order in Council (SR 2011/302) having been made under section 36), by section 51 of the Telecommunica- tions (TSO, Broadband, and Other Matters) Amendment Act 2011 (2011 No 27).
69J Process for responding to non-compliance notice (1) (2) (3) Each party may, not later than 10 working days after the date of the non-com- pliance notice or any further time as the Commission may allow, respond in writing to the notice either— (a) (b) by disputing the notice; or by setting out the reasons for the non-compliance.

The Commission must consider each party’s response (if any) before deciding what action to take under subsection (3).
The Commission must, not later than 10 working days after the final date for the parties to respond to the non-compliance notice under subsection (1),— (a) (b) (c) retract the non-compliance notice; or give a revised non-compliance notice; or confirm the non-compliance notice.

(4) If the Commission gives a revised non-compliance notice, or confirms the non- compliance notice, the Commission must— (a) (b) set out the nature of the non-compliance; and require the parties to rectify the non-compliance.
Section 69J: substituted, on 30 November 2011 (being the date of separation day, and an Order in Council (SR 2011/302) having been made under section 36), by section 51 of the Telecommunica- tions (TSO, Broadband, and Other Matters) Amendment Act 2011 (2011 No 27).
69K Commission may decide on appropriate enforcement action if non- compliance persists (1) This section applies if the Commission considers that a non-compliance has not been rectified within 40 working days after the date of a non-compliance notice given under section 69I.
(2) The Commission may, at any time, do all or any of the following: (a) (b) (c) direct Telecom and Chorus to amend the sharing arrangement in order to rectify the non-compliance within 10 working days of the direction (an amendment direction): apply for an injunction under section 69M in respect of the non-compli- ance or a failure to comply with an amendment direction: seek a pecuniary penalty under Part 4A in respect of the non-compliance or a failure to comply with an amendment direction.
(3) The Commission must give written notice of each decision to each party affected by the decision.

73 Part 2A s 69L Telecommunications Act 2001 Reprinted as at 28 May 2015 Section 69K: substituted, on 30 November 2011 (being the date of separation day, and an Order in Council (SR 2011/302) having been made under section 36), by section 51 of the Telecommunica- tions (TSO, Broadband, and Other Matters) Amendment Act 2011 (2011 No 27).
69L Application of pecuniary penalty provisions (1) Sections 156L and 156M apply to a party to a sharing arrangement who, with- out reasonable excuse, fails to rectify a non-compliance, or fails to comply with an amendment direction, in respect of which the Commission decides to take enforcement action under section 69K(2)(c).

(2) See sections 156L(3) and 156M for the maximum penalty of $10 million (and $500,000 per day) for breach of this section.
Section 69L: substituted, on 30 November 2011 (being the date of separation day, and an Order in Council (SR 2011/302) having been made under section 36), by section 51 of the Telecommunica- tions (TSO, Broadband, and Other Matters) Amendment Act 2011 (2011 No 27).
69M Injunction may be granted by High Court (1) (2) If the High Court is satisfied that a non-compliance has not been rectified with- in 40 working days after the date of a non-compliance notice under section 69I, the court may, on the application of the Commission, grant an injunction re- straining Telecom and Chorus from further performing the sharing arrangement or engaging in any conduct for the purpose of giving effect to that arrangement.
If the High Court is satisfied that there has been a failure to comply with a di- rection of the Commission given under section 69K(2)(a), the court may, on the application of the Commission, grant an injunction requiring Telecom and Cho- rus to comply with the direction of the Commission.

(3) In any proceeding under this section, the Commission, on the order of the court, may obtain discovery and administer interrogatories.

(4) The court may at any time rescind or vary an order made under this section.
Section 69M: substituted, on 30 November 2011 (being the date of separation day, and an Order in Council (SR 2011/302) having been made under section 36), by section 51 of the Telecommunica- tions (TSO, Broadband, and Other Matters) Amendment Act 2011 (2011 No 27).
69N Minister may grant exemption from application of subpart (1) The Minister may, by notice in the Gazette, exempt a sharing arrangement or class of sharing arrangements from the application of this subpart, if the Minis- ter is satisfied that— (a) (b) any potential harm to competition in telecommunications markets would be likely to be trivial or inconsequential; and commercial information or customer confidential information would not be disclosed.
(2) The Minister must consult the Commission before granting an exemption under this section.

74 Reprinted as at 28 May 2015 Telecommunications Act 2001 Part 2A s 69P (3) (4) The exemption takes effect from the date specified in the exemption (which may not be earlier than the date of the Gazette notice).

The Minister may grant the exemption on any terms and conditions that the Minister thinks fit.

(5) The Minister may, in like manner, vary or revoke such an exemption.
(6) An exemption under this section is a disallowable instrument, but not a legisla- tive instrument, for the purposes of the Legislation Act 2012 and must be pre- sented to the House of Representatives under section 41 of that Act.

(7) Telecom and Chorus must ensure that all exemptions granted under this section are available at all reasonable times, free of charge, on the Internet sites main- tained by or on behalf of Telecom and Chorus.
Section 69N: substituted, on 30 November 2011 (being the date of separation day, and an Order in Council (SR 2011/302) having been made under section 36), by section 51 of the Telecommunica- tions (TSO, Broadband, and Other Matters) Amendment Act 2011 (2011 No 27).

Section 69N(6): replaced, on 5 August 2013, by section 77(3) of the Legislation Act 2012 (2012 No 119).
Subpart 3—Line of business restrictions Subpart 3 heading: inserted, on 30 November 2011 (being the date of separation day, and an Order in Council (SR 2011/302) having been made under section 36), by section 51 of the Telecommunica- tions (TSO, Broadband, and Other Matters) Amendment Act 2011 (2011 No 27).
69O No participation in supply of retail services (1) Chorus, or any related party of Chorus, must not participate in the supply of a telecommunications service to a person (A) if 25% or more of the services sup- plied, or to be supplied, by Chorus to A in any year are or will be supplied— (a) (b) for A’s own use or consumption; or for the use or consumption of persons who are related parties of A.
(2) See sections 156L(3) and 156M for the maximum penalty of $10 million (and $500,000 per day) for breach of this section.

Section 69O: substituted, on 30 November 2011 (being the date of separation day, and an Order in Council (SR 2011/302) having been made under section 36), by section 51 of the Telecommunica- tions (TSO, Broadband, and Other Matters) Amendment Act 2011 (2011 No 27).
69P Register of non-retail users (1) (2) (3) The Commission must maintain a register of users for the purposes of section 69O.

If the name of the user appears on the register maintained by the Commission under this section, it is conclusive evidence of the fact that Chorus does not breach section 69O by supplying to that person.
Chorus or any user of telecommunications services may make a written appli- cation to the Commission (in a form required by the Commission, if any) for a name of a user to be entered on the register.

75 Part 2A s 69Q Telecommunications Act 2001 Reprinted as at 28 May 2015 (4) (5) The Commission must give public notice of the application as soon as practic- able after receiving it.
The Commission must, within 15 working days of public notice of the applica- tion, enter the name of the user on the register if the Commission is satisfied that Chorus would not breach section 69O by supplying to that person.

(6) At separation day, the register must include all of Chorus’s existing unbundled copper local loop customers and unbundled bitstream access customers as at separation day, as notified to the Commission by Chorus before separation day.
(7) The Commission must, at all reasonable times, make the register available for inspection on the Commission’s Internet site in an electronic form that is pub- licly accessible.

Section 69P: substituted, on 30 November 2011 (being the date of separation day, and an Order in Council (SR 2011/302) having been made under section 36), by section 51 of the Telecommunica- tions (TSO, Broadband, and Other Matters) Amendment Act 2011 (2011 No 27).
Section 69P(5): amended, on 5 December 2013, by section 5 of the Telecommunications Amendment Act 2013 (2013 No 136).

69Q Variations to, and removals from, register (1) The Commission may, at any time,— (a) (b) review and correct the register maintained under section 69P; and remove the names of users from the register if— (i) (ii) the Commission ceases to be satisfied of the matters in section 69P(5); or the Commission is satisfied that the user is insolvent or has ceased business.
(2) However, the Commission must give Chorus and the user— (a) (b) notice of its intention to remove the user from the register, and a reason- able opportunity to comment before removing a name from the register; and notice that the name has been removed, as soon as practicable after re- moval.

(3) Chorus is not in breach of section 69O to the extent that it continues to supply a service to a user within the 6-month period following the removal of the user’s name from the register.
Section 69Q: substituted, on 30 November 2011 (being the date of separation day, and an Order in Council (SR 2011/302) having been made under section 36), by section 51 of the Telecommunica- tions (TSO, Broadband, and Other Matters) Amendment Act 2011 (2011 No 27).
69R No services above layer 2 Every undertaking entered into by Chorus in favour of the Crown under sub- part 4 of this Part or Part 4AA must include a prohibition on participation by Chorus, or any related party of Chorus, in services above layer 2 services.
(1) 76 Reprinted as at 28 May 2015 Telecommunications Act 2001 Part 2A s 69T (2) (3) In this section, unless the context otherwise requires, layer 2 services has the same meaning as in the document “New Zealand Government Ultra-Fast Broadband Initiative Invitation to Participate in Partner Selection Process” dat- ed October 2009 (as amended).

This Act applies to an undertaking required under this section as if the under- taking were required under subpart 4 of this Part or Part 4AA, as the case may be.
Section 69R: substituted, on 30 November 2011 (being the date of separation day, and an Order in Council (SR 2011/302) having been made under section 36), by section 51 of the Telecommunica- tions (TSO, Broadband, and Other Matters) Amendment Act 2011 (2011 No 27).
69S No end-to-end services (1) Chorus, or any related party of Chorus, must not provide telecommunications links to customers except— (a) between an end-user’s building (or, in the case of a commercial building, the 2 building distribution frames) and a Chorus local or regional aggre- gation point; and (b) between 2 Chorus local or regional aggregation points.
(2) To avoid doubt,— (a) (b) telecommunications links provided by Chorus, or a related party of Cho- rus, to customers must terminate at a local or regional aggregation point; and Chorus, or a related party of Chorus, must not sell a service to customers that links 2 or more end-user sites together (but a customer of Chorus can create the linking between 2 or more end-user sites).
(3) However, this section does not prevent the resale of PSTN-based services for the purposes of acting as a channel to market for Telecom.

(4) See sections 156L(3) and 156M for the maximum penalty of $10 million (and $500,000 per day) for breach of this section.
Section 69S: substituted, on 30 November 2011 (being the date of separation day, and an Order in Council (SR 2011/302) having been made under section 36), by section 51 of the Telecommunica- tions (TSO, Broadband, and Other Matters) Amendment Act 2011 (2011 No 27).
69T Enforcement of breaches of sections 69O and 69S Sections 69V (injunctions) and 156B (enforcement actions) apply to Chorus, and any related party of Chorus, that, without reasonable excuse, participates in the supply of a telecommunications service in breach of sections 69O and 69S.
Section 69T: substituted, on 30 November 2011 (being the date of separation day, and an Order in Council (SR 2011/302) having been made under section 36), by section 51 of the Telecommunica- tions (TSO, Broadband, and Other Matters) Amendment Act 2011 (2011 No 27).
77 Part 2A s 69U Telecommunications Act 2001 Reprinted as at 28 May 2015 69U Application of line of business restrictions to related parties of Chorus (1) The test for related parties in this Part is that a person is related to another per- son if— (a) (b) (c) (d) they are acting jointly or in concert; or either person acts, or is accustomed to act, in accordance with the wishes of the other person; or they are related companies within the meaning of section 2(3) of the Companies Act 1993; or either person is able, directly or indirectly, to exert a substantial degree of influence over the activities of the other; or (e) they are both, directly or indirectly, under the control of the same person.
(2) However, for the purposes of subsection (1),— (a) (b) a director of a company or other body corporate is not related to that company or body corporate merely because he or she is a director of that company or body corporate; and a person is not able to exert a substantial degree of influence over anoth- er person merely because— (i) (ii) those persons are in competition in the same market; or one of them supplies goods or services to the other.
(3) Any sharing of assets, services, and systems between Chorus and Telecom must be disregarded for the purposes of applying subsection (1) to the extent that it is provided for in a sharing arrangement of which a copy has been provi- ded to the Commission under section 69F(1)(a) or (b)(ii).

(4) Without limiting section 69O, Chorus is deemed to participate in the supply of a telecommunications service if a related party of Chorus participates in the supply of the telecommunications service.
(5) The order of responsibility for remedying breaches is, to the extent practical, that the breach must be remedied first by the party whose activity resulted in the breach.

Compare: 1993 No 106, s 4A(2), 1998 No 88 s 21 Section 69U: substituted, on 30 November 2011 (being the date of separation day, and an Order in Council (SR 2011/302) having been made under section 36), by section 51 of the Telecommunica- tions (TSO, Broadband, and Other Matters) Amendment Act 2011 (2011 No 27).
69V Injunctions may be granted by High Court for certain contraventions The High Court may, on the application of the Commission, grant an injunction restraining a person from engaging in a breach of sections 69O or 69S.

The High Court may, at any time, rescind or vary an injunction granted under this section.
(1) (2) 78 Reprinted as at 28 May 2015 Telecommunications Act 2001 Part 2A s 69XA Section 69V: substituted, on 30 November 2011 (being the date of separation day, and an Order in Council (SR 2011/302) having been made under section 36), by section 51 of the Telecommunica- tions (TSO, Broadband, and Other Matters) Amendment Act 2011 (2011 No 27).
Subpart 4—Undertakings by Chorus Subpart 4 heading: inserted, on 30 November 2011 (being the date of separation day, and an Order in Council (SR 2011/302) having been made under section 36), by section 51 of the Telecommunica- tions (TSO, Broadband, and Other Matters) Amendment Act 2011 (2011 No 27).
69W Purposes of subpart The purposes of this subpart are to— (a) (b) (c) promote competition in telecommunications markets for the long-term benefit of end-users of telecommunications services in New Zealand; and require transparency, non-discrimination, and equivalence of supply in relation to certain telecommunications services; and facilitate efficient investment in telecommunications infrastructure and services.
Section 69W: substituted, on 30 November 2011 (being the date of separation day, and an Order in Council (SR 2011/302) having been made under section 36), by section 51 of the Telecommunica- tions (TSO, Broadband, and Other Matters) Amendment Act 2011 (2011 No 27).
69X Overview (1) This subpart imposes obligations on Chorus to give undertakings— (a) (b) to supply wholesale services using its copper access network (called relevant services in this subpart) on a non-discrimination basis; and to supply a subset of those services, which Chorus consumes and which it supplies to its competitors, (called relevant regulated services in this subpart) on an equivalence basis.

(2) This section is intended only as a guide to the general scheme and effect of this subpart.
Section 69X: substituted, on 30 November 2011 (being the date of separation day, and an Order in Council (SR 2011/302) having been made under section 36), by section 51 of the Telecommunica- tions (TSO, Broadband, and Other Matters) Amendment Act 2011 (2011 No 27).
69XA Interpretation In this subpart, unless the context otherwise requires,— equivalence, in relation to the supply of a relevant regulated service, means equivalence of supply of the service and access to Chorus’s network so that third-party access seekers are treated in the same way to Chorus’s own business operations, including in relation to pricing, procedures, operational support, and supply of information and other relevant matters legacy access network means the network comprising— 79 Part 2A s 69XA Telecommunications Act 2001 Reprinted as at 28 May 2015 (a) (b) (c) Chorus’s local loop network, as defined in clause 1 of Part 1 of Sched- ule 1 (including any relevant line in Chorus’s local telephone exchange or distribution cabinet); and Chorus’s local telephone exchange, as defined in clause 1 of Part 1 of Schedule 1, and Chorus’s distribution cabinet (or equivalent facility); and Chorus’s backhaul network (whether copper, fibre, or anything else) be- tween the local loop network handover point in Chorus’s distribution cabinet (or equivalent facility) or Chorus’s local telephone exchange and the first data switch (including the first data switch); and (d) Chorus’s digital subscriber line access multiplexer (or equivalent facil- ity) local access and calling service means the designated access service described in subpart 1 of Part 2 of Schedule 1 as local access and calling service offered by means of a fixed telecommunications network non-discrimination, in relation to the supply of a relevant service, means that Chorus must not treat access seekers differently or, where Chorus supplies it- self with a relevant service, must not treat itself differently from other access seekers, except to the extent that a particular difference in treatment is objec- tively justifiable and does not harm, and is unlikely to harm, competition in any telecommunications market relevant regulated services means the following designated access services: (a) (b) (c) (d) Chorus’s unbundled copper local loop network service:
 Chorus’s unbundled copper local loop network co-location service: Chorus’s unbundled copper local loop network backhaul (distribution cabinet to telephone exchange): Chorus’s unbundled copper local loop network backhaul (telephone ex- change to interconnect point) relevant services— (a) means— (i) (ii) wholesale telecommunications services that are provided using, or that provide access to the unbundled elements of, the legacy ac- cess network; and the designated access service described in subpart 1 of Part 2 of Schedule 1 as Chorus’s unbundled bitstream access backhaul; but (b) does not include any services that are agreed by the Commission in writ- ing to be legacy input services, being inputs to services that are no longer offered to end-users other than customers who were end-users be- fore separation day 80 Reprinted as at 28 May 2015 Telecommunications Act 2001 Part 2A s 69XB UBA service means the designated access service described in subpart 1 of Part 2 of Schedule 1 as unbundled bitstream access service.
Section 69XA: inserted, on 30 November 2011 (being the date of separation day, and an Order in Council (SR 2011/302) having been made under section 36), by section 51 of the Telecommunica- tions (TSO, Broadband, and Other Matters) Amendment Act 2011 (2011 No 27).
69XB Requirements for undertakings by Chorus relating to supply of certain wholesale telecommunications services Chorus must give undertakings that— (a) (b) (c) (d) (e) require Chorus to achieve non-discrimination in relation to the supply of relevant services; and set out rules and principles that Chorus will apply to ensure that non-dis- crimination is achieved in relation to the supply of relevant services; and require Chorus to achieve equivalence of supply in relation to relevant regulated services; and require Chorus to develop, in consultation with the Commission and key industry stakeholders, key performance indicators for systems and pro- cesses for relevant regulated services by which it may be judged whether Chorus is achieving equivalence of supply in relation to those services; and require Chorus to develop, in consultation with the Commission and key industry stakeholders, key performance indicators by which it may be judged whether Chorus is achieving non-discrimination in relation to the supply of the UBA service; and (f) require Chorus to— (i) conduct quarterly reviews of performance as measured against the key performance indicators referred to in paragraphs (d) and (e); and (ii) make all information relating to those reviews available to the Commission to support the Commission’s assessment of compli- ance with the undertakings; and (iii) publish quarterly reports on its performance as measured against the key performance indicators referred to in paragraphs (d) and (e); and (iv) internally
 audit the controls and processes behind the key per- formance indicator reporting; and (g) require Chorus to carry out quarterly customer surveys of its perform- ance in relation to relevant regulated services; and (h) require Chorus to— 81 Part 2A s 69XC Telecommunications Act 2001 Reprinted as at 28 May 2015 (i) (ii) implement a policy of control of commercial information provi- ded by access seekers for relevant services and relevant regulated services, in consultation with the Commission; and internally audit the effectiveness of that policy, at the end of each of the first two 6-month periods following separation day and then annually after that; and require Chorus to supply the UBA service in a bundle with the local ac- cess and calling service; and require the directors of Chorus to certify that Chorus has complied with the undertakings; and provide for disclosure of relevant information to the Commission, to support the Commission’s assessment of compliance with the undertak- ings; and require Chorus to commit to a reasonable plan containing time frames for a transition to the end of the sharing arrangements referred to in sub- part 2.
(i) (j) (k) (l) Section 69XB: inserted, on 30 November 2011 (being the date of separation day, and an Order in Council (SR 2011/302) having been made under section 36), by section 51 of the Telecommunica- tions (TSO, Broadband, and Other Matters) Amendment Act 2011 (2011 No 27).
69XC Implementation of Chorus undertakings (1) On and from separation day, the undertakings approved by the Minister on or before separation day under sections 42 to 44 of the Telecommunications (TSO, Broadband, and Other Matters) Amendment Act 2011 take effect as if they were a deed that is— (a) (b) properly executed by, and binding on, Chorus; and given in favour of the Crown.
(2) The undertakings approved by the Minister after separation day under sections 42 to 44 of that Act take effect in accordance with subsection (1), but with ef- fect from the date of approval.

Section 69XC: inserted, on 30 November 2011 (being the date of separation day, and an Order in Council (SR 2011/302) having been made under section 36), by section 51 of the Telecommunica- tions (TSO, Broadband, and Other Matters) Amendment Act 2011 (2011 No 27).
69XD Chorus must publish Chorus undertakings (1) As soon as practicable after the date on which an undertaking takes effect under section 69XC, Chorus must publish the undertaking.

(2) Section 156AK applies with necessary modifications.

Section 69XD: inserted, on 30 November 2011 (being the date of separation day, and an Order in Council (SR 2011/302) having been made under section 36), by section 51 of the Telecommunica- tions (TSO, Broadband, and Other Matters) Amendment Act 2011 (2011 No 27).
82 Reprinted as at 28 May 2015 Telecommunications Act 2001 Part 2A s 69XH 69XE Variation of Chorus undertakings Sections 156AL to 156AN apply with necessary modifications to undertakings under this subpart.

Section 69XE: inserted, on 30 November 2011 (being the date of separation day, and an Order in Council (SR 2011/302) having been made under section 36), by section 51 of the Telecommunica- tions (TSO, Broadband, and Other Matters) Amendment Act 2011 (2011 No 27).
69XF Termination of Chorus undertakings Section 156AO applies with necessary modifications to undertakings under this subpart.

Section 69XF: inserted, on 30 November 2011 (being the date of separation day, and an Order in Council (SR 2011/302) having been made under section 36), by section 51 of the Telecommunica- tions (TSO, Broadband, and Other Matters) Amendment Act 2011 (2011 No 27).
69XG Enforcement of Chorus undertakings (1) (2) Sections 156AQ to 156AS apply with necessary modifications to undertakings under this subpart.

See sections 156L(3) and 156M for the maximum penalty of $10 million (and $500,000 per day) for failure to comply with undertakings).
Section 69XG: inserted, on 30 November 2011 (being the date of separation day, and an Order in Council (SR 2011/302) having been made under section 36), by section 51 of the Telecommunica- tions (TSO, Broadband, and Other Matters) Amendment Act 2011 (2011 No 27).
Subpart 5—Miscellaneous Subpart 5 heading: inserted, on 30 November 2011 (being the date of separation day, and an Order in Council (SR 2011/302) having been made under section 36), by section 51 of the Telecommunica- tions (TSO, Broadband, and Other Matters) Amendment Act 2011 (2011 No 27).
Public Works Act 1981 Heading: inserted, on 30 November 2011 (being the date of separation day, and an Order in Council (SR 2011/302) having been made under section 36), by section 51 of the Telecommunications (TSO, Broadband, and Other Matters) Amendment Act 2011 (2011 No 27).
69XH Application of Public Works Act 1981 (1) Despite section 4(4) of the Finance Act 1990 and section 24(4) of the State- Owned Enterprises Act 1986, nothing in sections 40 to 42 of the Public Works Act 1981 applies to the transfer of affected land from Telecom to Chorus.

(2) However, after that transfer, sections 40 and 41 of the Public Works Act 1981 apply to that land as if Chorus were the Crown and the transfer of the land from the Crown to Telecom and from Telecom to Chorus had not taken place.
(3) If, in relation to affected land that has been transferred by Telecom to Chorus, an offer made by Chorus under section 40(2) of the Public Works Act 1981 is not accepted within the time specified in subsection (4) and the parties have not agreed on other terms for the sale of the land, Chorus may sell or otherwise dis- pose of the land to any person and on such terms and conditions as it thinks fit.
83 Part 2A s 69XI Telecommunications Act 2001 Reprinted as at 28 May 2015 (4) The time referred to in subsection (3) is the later of the following: (a) (b) 40 working days after the offer is made or such further period as Chorus considers reasonable: if an application has been made to the Land Valuation Tribunal pursuant to section 40(2A) of the Public Works Act 1981, 20 working days after the determination of the Tribunal.
(5) In this section,— affected land means any land that, immediately before it was transferred by the Crown to Telecom pursuant to section 4(4) of the Finance Act 1990, was held by the Crown under the Public Works Act 1981 for a public work land has the same meaning as in section 2 of the Public Works Act 1981 working day has the same meaning as in section 2 of the Public Works Act 1981.
Section 69XH: inserted, on 30 November 2011 (being the date of separation day, and an Order in Council (SR 2011/302) having been made under section 36), by section 51 of the Telecommunica- tions (TSO, Broadband, and Other Matters) Amendment Act 2011 (2011 No 27).
Resource Management Act 1991 issues Heading: inserted, on 30 November 2011 (being the date of separation day, and an Order in Council (SR 2011/302) having been made under section 36), by section 51 of the Telecommunications (TSO, Broadband, and Other Matters) Amendment Act 2011 (2011 No 27).
69XI Requiring authority status under Resource Management Act 1991 (1) Chorus is approved as a requiring authority, as a network utility operator, under the Resource Management Act 1991 for the following purposes: (a) (b) constructing or operating, or proposing to construct or operate, a net- work for the purpose of telecommunication as defined in section 5 of this Act; and constructing or operating, or proposing to construct or operate, a net- work for the purpose of radiocommunications as defined in section 2(1) of the Radiocommunications Act 1989.
(2) Part 8 of the Resource Management Act 1991 applies with necessary modifica- tions as if the approval had been given under section 167 of that Act.

Section 69XI: inserted, on 30 November 2011 (being the date of separation day, and an Order in Council (SR 2011/302) having been made under section 36), by section 51 of the Telecommunica- tions (TSO, Broadband, and Other Matters) Amendment Act 2011 (2011 No 27).
69XJ Designations under Resource Management Act 1991 The Minister may, before separation day, by notice in the Gazette, issue 2 lists comprising all or any of the designations (within the meaning of section 166 of the Resource Management Act 1991) for which Telecom is responsible, as fol- lows: (a) designations that are to be transferred to Chorus: (1) 84 Reprinted as at 28 May 2015 Telecommunications Act 2001 Part 2A s 69XK (b) designations that are to be additionally granted back to Telecom.
(2) On separation day,— (a) (b) all the rights and responsibilities of Telecom in relation to the designa- tions listed in a Gazette notice under subsection (1)(a), as they existed immediately before separation day, are transferred to Chorus for the pur- poses of section 180 of the Resource Management Act 1991; and the designations listed in a Gazette notice under subsection (1)(b), as they existed immediately before separation day, are (in addition to being transferred to Chorus) granted back to Telecom, with the effect that, sub- ject to subsection (3), Telecom continues to have the same rights and re- sponsibilities as Chorus in relation to the designations.
(3) For the purposes of section 177 of the Resource Management Act 1991,— (a) (b) the designations transferred to Chorus under subsection (2)(a) are treated as earlier designations; and the additional designations granted to Telecom under subsection (2)(b) are treated as later designations.

(4) Part 8 of the Resource Management 1991 applies with necessary modifications as if the designations had been transferred or made under that Part.
Section 69XJ: inserted, on 30 November 2011 (being the date of separation day, and an Order in Council (SR 2011/302) having been made under section 36), by section 51 of the Telecommunica- tions (TSO, Broadband, and Other Matters) Amendment Act 2011 (2011 No 27).
Restrictive covenants Heading: inserted, on 30 November 2011 (being the date of separation day, and an Order in Council (SR 2011/302) having been made under section 36), by section 51 of the Telecommunications (TSO, Broadband, and Other Matters) Amendment Act 2011 (2011 No 27).
69XK Certain restrictive covenants (1) This section applies to any restrictive covenant that is registered in favour of land— (a) of which Telecom was a registered proprietor immediately before separ- ation day; and (b) that is transferred from Telecom to Chorus on separation day.

(2) Despite the transfer of land to Chorus, Telecom is entitled to enforce the cove- nant against the persons bound by the covenant as if Telecom were an owner or occupier of the land.
(3) (4) This section does not limit the rights to enforce the covenant of Chorus, Chor- us’s successors in title, and persons claiming through Chorus or Chorus’s suc- cessors in title.

The Registrar-General may enter in the register relating to the burdened land, the benefited land, or both, a notification of the effect of this section as if it were an instrument.
85 Part 2A s 69XL Telecommunications Act 2001 Reprinted as at 28 May 2015 Section 69XK: inserted, on 30 November 2011 (being the date of separation day, and an Order in Council (SR 2011/302) having been made under section 36), by section 51 of the Telecommunica- tions (TSO, Broadband, and Other Matters) Amendment Act 2011 (2011 No 27).
Government Superannuation Fund Act 1956 Heading: inserted, on 30 November 2011 (being the date of separation day, and an Order in Council (SR 2011/302) having been made under section 36), by section 51 of the Telecommunications (TSO, Broadband, and Other Matters) Amendment Act 2011 (2011 No 27).
69XL Protection of existing members of Government Superannuation Fund (1) The Government Superannuation Fund Act 1956 continues to apply to the per- sons referred to in subsection (2) in all respects as if service with Chorus were Government service.
(2) The persons are every person who, immediately before separation day,— (a) (b) (c) is employed by Telecom; and is deemed to be employed in the Government service under section 2A of the Government Superannuation Fund Act 1956; and is a contributor to the Government Superannuation Fund under Part 2 or 2A of that Act.

(3) For the purpose of applying the Government Superannuation Fund Act 1956, the chief executive of Chorus is the controlling authority.
Section 69XL: inserted, on 30 November 2011 (being the date of separation day, and an Order in Council (SR 2011/302) having been made under section 36), by section 51 of the Telecommunica- tions (TSO, Broadband, and Other Matters) Amendment Act 2011 (2011 No 27).
Subpart 6—Taxation consequences of structural separation Subpart 6 heading: inserted, on 30 November 2011 (being the date of separation day, and an Order in Council (SR 2011/302) having been made under section 36), by section 51 of the Telecommunica- tions (TSO, Broadband, and Other Matters) Amendment Act 2011 (2011 No 27).
69XM Interpretation in this subpart In this subpart, unless the context requires otherwise,–– appointed day means,–– (a) (b) for a purpose specified in a proposal approved by Order in Council made under section 46 of the Telecommunications (TSO, Broadband, and Other Matters) Amendment Act 2011, a day specified in that proposal for that purpose: if there is no relevant day under paragraph (a), the day on which the vesting of the designated assets and liabilities, and the demerger distribu- tion, take effect Chorus company means a member of the group of companies comprising ChorusCo and the companies that are, or will be, its subsidiaries immediately following the demerger distribution and the vesting of the designated assets and liabilities 86 Reprinted as at 28 May 2015 Telecommunications Act 2001 Part 2A s 69XN demerger distribution means a distribution, or an entitlement to a distribution, to each holder of ordinary shares in Telecom Corporation of New Zealand Limited, where the distribution or entitlement–– (a) (b) arises under the demerger arrangement; and comprises–– (i) (ii) an amount determined by reference to the value of a holder’s en- titlement to ordinary shares in ChorusCo: ordinary shares in ChorusCo to which the holder is entitled, or proceeds from the disposal of that holder’s entitlement to ordinary shares in ChorusCo designated assets and liabilities means assets and liabilities, or parts of assets and liabilities, as the case may be, specified in an Order in Council made under section 46 of
 the Telecommunications (TSO, Broadband, and Other Matters) Amendment Act 2011, and designated assets and designated liabilities have corresponding meanings income year has the same meaning as in the Income Tax Act 2007 Inland Revenue Acts has the same meaning as in the Tax Administration Act 1994 Telecom company means a member of the group of companies comprising Telecom Corporation of New Zealand Limited and the companies that are, or will be, its subsidiaries immediately following the demerger distribution and the vesting of the designated assets and liabilities vest means the transfer of the designated assets and liabilities from a Telecom company to a Chorus company on the appointed day vesting year means the income year that includes the appointed day for the vesting of the designated assets and liabilities.
Section 69XM: inserted, on 30 November 2011 (being the date of separation day, and an Order in Council (SR 2011/302) having been made under section 36), by section 51 of the Telecommunica- tions (TSO, Broadband, and Other Matters) Amendment Act 2011 (2011 No 27).
69XN Purpose The purpose of this subpart is to ensure that–– (a) (b) the vesting of the designated assets and liabilities in Chorus does not give rise to tax consequences under the Inland Revenue Acts for Tele- com or Chorus that would not have arisen if they were the same person: no tax consequences arise under the Inland Revenue Acts on the appoin- ted day for any shareholder of Telecom Corporation of New Zealand Limited or Chorus from the demerger distribution that would not have arisen if the vesting of the designated assets and liabilities and the de- merger distribution had not occurred.
87 Part 2A s 69XO Telecommunications Act 2001 Reprinted as at 28 May 2015 Section 69XN: inserted, on 30 November 2011 (being the date of separation day, and an Order in Council (SR 2011/302) having been made under section 36), by section 51 of the Telecommunica- tions (TSO, Broadband, and Other Matters) Amendment Act 2011 (2011 No 27).
69XO Depreciation (1) For the purposes of the Income Tax Act 2007, for a designated asset (the asset) that is depreciable property,— (a) (b) (c) the relevant Telecom company has a deduction for an amount of depreci- ation loss for the period beginning on the first day of the vesting year and ending on the day before the appointed day: the relevant Telecom company does not derive depreciation recovery in- come and does not have a deduction for an amount of depreciation loss under sections EE 44 to EE 52 of the Income Tax Act 2007 as a result of the vesting of the asset: the relevant Chorus company must calculate, on and after the appointed day, depreciation recovery income and deductions for amounts of depre- ciation loss as if, in respect of the period up to and including the appoin- ted day, it and the Telecom company were the same person.
(2) In this section, depreciable property, depreciation loss, and depreciation re- covery income have the same meanings as in the Income Tax Act 2007.

Section 69XO: inserted, on 30 November 2011 (being the date of separation day, and an Order in Council (SR 2011/302) having been made under section 36), by section 51 of the Telecommunica- tions (TSO, Broadband, and Other Matters) Amendment Act 2011 (2011 No 27).
69XP Tax effect of distribution of ChorusCo shares (1) For the purposes of the Income Tax Act 2007, the following transactions do not give rise to, and are ignored for the purposes of calculating, the available sub- scribed capital of a Chorus company or a Telecom company: (a) (b) (c) the vesting of the designated assets and liabilities: the demerger distribution: a transaction necessary for carrying into effect the vesting of the desig- nated assets and liabilities, or the demerger distribution, if, for that trans- action, there is no party other than Chorus companies and Telecom com- panies.
(2) The demerger distribution on the appointed day–– (a) (b) (c) is not a dividend or other kind of assessable income for the purposes of the Income Tax Act 2007: is not a dutiable gift for the purposes of the Estate and Gift Duties Act 1968: is, for any relevant Telecom company, a disposition for the cost price of the share, for the purposes of the Income Tax Act 2007.
88 Reprinted as at 28 May 2015 Telecommunications Act 2001 Part 2A s 69XP (3) For the purposes of the Income Tax Act 2007, a person who receives a demer- ger distribution by virtue of holding a Telecom Corporation of New Zealand Limited share or shares is treated as–– (a) (b) (c) acquiring the relevant ChorusCo share or shares at the same time and for the same purposes as the Telecom Corporation of New Zealand Limited share or shares that give rise to that person’s entitlement to the demerger distribution: having paid the amount given by subsection (4) for the acquisition of the ChorusCo share or shares: having paid the amount given by subsection (5) for the acquisition of the Telecom Corporation of New Zealand Limited share or shares.
(4) For the purposes of subsection (3)(b), the amount paid for the acquisition is calculated using the following formula: pre-calculation amount paid combined mv × Chorus mv (5) For the purposes of subsection (3)(c), the amount paid for the acquisition is cal- culated using the following formula: pre-calculation amount paid combined mv × Telecom mv (6) In the formulas in subsections (4) and (5),–– (a) pre-calculation amount paid is the person’s expenditure or loss incur- red in acquiring the relevant Telecom Corporation of New Zealand Limited share or shares, ignoring this section: (b) Chorus mv is the market capitalisation of ChorusCo calculated in the manner prescribed in a proposal approved by Order in Council under section 46 of the Telecommunications (TSO, Broadband, and Other Mat- ters) Amendment Act 2011, or, if none is prescribed, the number of ChorusCo shares on issue immediately following the demerger distribu- tion multiplied by the volume weighted average price of ChorusCo shares as traded on the NZSX over the first 5 trading days commencing on the date of listing of ChorusCo: (c) Telecom mv is the market capitalisation of Telecom Corporation of New Zealand Limited calculated in the manner prescribed in a proposal ap- proved by Order in Council under section 46 of the Telecommunications (TSO, Broadband, and Other Matters) Amendment Act 2011, or, if none is prescribed, the number of Telecom Corporation of New Zealand Limited shares on issue immediately following the demerger distribution multiplied
 by the volume weighted average price of Telecom Corpor- ation of New Zealand Limited shares as traded on the NZSX over the first 5 trading days commencing on the date of listing of ChorusCo: 89 Part 2A s 69XQ Telecommunications Act 2001 Reprinted as at 28 May 2015 (d) combined mv is the total market capitalisation of ChorusCo and of Tele- com Corporation of New Zealand Limited calculated in the manner pre- scribed in a proposal approved by Order in Council under section 46 of the Telecommunications (TSO, Broadband, and Other Matters) Amend- ment Act 2011, or, if none is prescribed, the total of the market capitali- sation of ChorusCo and of Telecom Corporation of New Zealand Limit- ed determined in accordance with paragraphs (b) and (c).
(7) Subsection (8) applies where–– (a) (b) an arrangement entered into on or before the appointed day would, but for the demerger distribution, be a returning share transfer or share-lend- ing arrangement in respect of which the original share is a Telecom Cor- poration of New Zealand Limited share; and if, under the relevant arrangement in respect of the Telecom Corporation of New Zealand Limited share, the share user is required to transfer a Telecom Corporation of New Zealand Limited share or shares and a ChorusCo share or shares to the share supplier.
(8) If subsection (7) applies,–– (a) the relevant ChorusCo share or shares are treated as part of the relevant Telecom Corporation of New Zealand Limited share or shares for the purposes of the definitions of identical share, original share, returning share transfer, and share-lending arrangement in the Income Tax Act 2007: (b) subsection (3) applies to the share supplier as if the share supplier were the person referred to in that subsection.
(9) In this section, available subscribed capital, dividend, identical share, ori- ginal share, returning share transfer, share-lending arrangement, share supplier, and share user have the same meanings as in the Income Tax Act 2007.

Section 69XP: inserted, on 30 November 2011 (being the date of separation day, and an Order in Council (SR 2011/302) having been made under section 36), by section 51 of the Telecommunica- tions (TSO, Broadband, and Other Matters) Amendment Act 2011 (2011 No 27).
69XQ Goods and Services Tax Act 1985 The vesting of the designated assets and liabilities is treated as being a taxable supply on the appointed day that is charged with tax at the rate of 0% for the purposes of the Goods and Services Tax Act 1985.
For the purpose of calculating, under the Goods and Services Tax Act 1985, the amount of tax payable, or input tax deductible, on or after the appointed day by a Chorus company in respect of, or in relation to, a designated asset or a desig- nated liability, the Chorus company and the relevant Telecom company are treated as if they were the same person in respect of the period up to and in- cluding the appointed day, subject to subsection (1).
(1) (2) 90 Reprinted as at 28 May 2015 Telecommunications Act 2001 Part 2A s 69XR (3) If it is necessary for a tax invoice, a credit note, or a debit note (the document) to be issued by or to a Telecom company in respect of a supply made by or to a Telecom company before the appointed day, the document may be issued by or to a Chorus company if the supply was in respect of or in relation to designated assets and liabilities.
The Chorus company and the Telecom company are trea- ted as if, in relation to that supply, they were the same person for the purposes of any requirement in the Goods and Services Tax Act 1985 that the Telecom company holds, has previously been issued with, or has issued to a person, a tax invoice, a debit note, or a credit note for the supply.

(4) In this section, credit note, debit note, input tax, supply, tax, and tax invoice have the same meanings as in the Goods and Services Tax Act 1985.
Section 69XQ: inserted, on 30 November 2011 (being the date of separation day, and an Order in Council (SR 2011/302) having been made under section 36), by section 51 of the Telecommunica- tions (TSO, Broadband, and Other Matters) Amendment Act 2011 (2011 No 27).
69XR Prepayments (1) For the purposes of the Income Tax Act 2007,–– (a) (b) (c) (d) (e) for the vesting year, the relevant Telecom company is treated as having an unexpired amount of expenditure under section EA 3 of that Act (the unexpired portion) for expenditure connected with the designated as- sets and liabilities, calculated by applying section EA 3(4) to (7) of that Act as if the day before the appointed day were the end of an income year: the relevant Telecom company has, for the vesting year, income under section CH 2 of that Act for the unexpired portion described in para- graph (a): for an income year starting after the appointed day, the relevant Telecom company is not allowed a deduction for the unexpired portion under sec- tion DB 50 of that Act, and no part of the unexpired portion is income under section CH 2 of that Act: the relevant Chorus company has, for the vesting year, a deduction for the unexpired portion described in paragraph (a) under section DB 50 of that Act: for the vesting year and any subsequent income year, section EA 3 of that Act applies to the relevant Chorus company as if that member had been allowed a deduction under that Act for expenditure to which para- graph (a) applies.
(2) In this section, expenditure means expenditure that the relevant Telecom com- pany has been allowed a deduction for under the Income Tax Act 2007 or an earlier Act, and that was not incurred on the items described in section EA 3(2) of that Act.
91 Part 2A s 69XS Telecommunications Act 2001 Reprinted as at 28 May 2015 Section 69XR: inserted, on 30 November 2011 (being the date of separation day, and an Order in Council (SR 2011/302) having been made under section 36), by section 51 of the Telecommunica- tions (TSO, Broadband, and Other Matters) Amendment Act 2011 (2011 No 27).
69XS Expenditure or loss incurred, and amounts derived A Chorus company and the relevant Telecom company are treated as the same person for the period prior to and including the appointed day for the purpose of determining the following, under the Income Tax Act 2007: (a) (b) (c) (d) whether a deduction is allowed for an amount of expenditure or loss in- curred by the Chorus company in connection with the designated assets or liabilities: the amount of any deduction of the Chorus company in connection with the designated assets or liabilities: whether an amount derived by the Chorus company in connection with the designated assets or liabilities is income: the amount of any income of the Chorus company in connection with the designated assets or liabilities.
Section 69XS: inserted, on 30 November 2011 (being the date of separation day, and an Order in Council (SR 2011/302) having been made under section 36), by section 51 of the Telecommunica- tions (TSO, Broadband, and Other Matters) Amendment Act 2011 (2011 No 27).
69XT Bad debts Sections CG 3 and DB 31 of the Income Tax Act 2007 apply to a relevant Cho- rus company in respect of any obligation that is owed to the relevant Telecom company immediately before the appointed day and that vests in the Chorus company, as if the Telecom company and the Chorus company were the same person in respect of the period up to and including the appointed day.
Section 69XT: inserted, on 30 November 2011 (being the date of separation day, and an Order in Council (SR 2011/302) having been made under section 36), by section 51 of the Telecommunica- tions (TSO, Broadband, and Other Matters) Amendment Act 2011 (2011 No 27).
69XU Unpaid employment expenditure Sections DC 11(2) and (3) and EA 4(6) of the Income Tax Act 2007 apply to any amount of employment income (as that term is defined in the Income Tax Act 2007) that a Chorus company assumes the obligation to pay in connection with the vesting.

For the purposes of those sections, the Chorus company is treated as person B, and the relevant Telecom company that incurred the obli- gation to pay is treated as person A.
Section 69XU: inserted, on 30 November 2011 (being the date of separation day, and an Order in Council (SR 2011/302) having been made under section 36), by section 51 of the Telecommunica- tions (TSO, Broadband, and Other Matters) Amendment Act 2011 (2011 No 27).
69XV Vesting of designated assets and liabilities The vesting of the designated assets and liabilities in a Chorus company— 92 Reprinted as at 28 May 2015 Telecommunications Act 2001 Part 2A s 69XX (a) (b) (c) does not give rise to a dutiable gift for the purposes of the Estate and Gift Duties Act 1968: does not give rise to a dividend, or, except as provided in this subpart, other assessable income, for the purposes of the Income Tax Act 2007: does not, except as provided in this subpart, give rise to a deduction for the purposes of the Income Tax Act 2007.
Section 69XV: inserted, on 30 November 2011 (being the date of separation day, and an Order in Council (SR 2011/302) having been made under section 36), by section 51 of the Telecommunica- tions (TSO, Broadband, and Other Matters) Amendment Act 2011 (2011 No 27).
69XW Revenue account property (1) For the purposes of the Income Tax Act 2007, for a designated asset or liability that is revenue account property (the property), the property is treated as being disposed of by the relevant Telecom company and acquired by the relevant Chorus company for an amount equal to the property’s tax book value.
(2) In this section, tax book value means,–– (a) (b) for the property, if it is trading stock or an excepted financial arrange- ment acquired by the relevant Telecom company before the vesting year, the opening value of the property under section DB 49 of the Income Tax Act 2007 for that Telecom company for the vesting year: for the property, if paragraph (a) does not apply, the amount of expend- iture or loss for which the relevant Telecom company is allowed a de- duction in the vesting year as a result of the disposal.
(3) In this section, excepted financial arrangement, revenue account property, and trading stock have the same meaning as in the Income Tax Act 2007.

Section 69XW: inserted, on 30 November 2011 (being the date of separation day, and an Order in Council (SR 2011/302) having been made under section 36), by section 51 of the Telecommunica- tions (TSO, Broadband, and Other Matters) Amendment Act 2011 (2011 No 27).
69XX Leased assets For the purposes of the Income Tax Act 2007, for expenditure that a Telecom company incurs as a lessee under a lease that relates to a designated asset and to which section EJ 10 of the Income Tax Act 2007 applies,— (a) (b) (c) the Telecom company must calculate an amount to be allocated to the vesting year under section EJ 10(3) and (4) of that Act as if the day be- fore the appointed day were the end of the vesting year: the relevant Chorus company must calculate an amount to be allocated to the vesting year under section EJ 10(3) and (4) of that Act as if the appointed day were the start of the vesting year: section EJ 10 of that Act applies to the Chorus company for income years after the vesting year as if, in respect of the period up to and in- cluding the appointed day, the Telecom company and the Chorus compa- ny were the same person.
93 Part 2A s 69XY Telecommunications Act 2001 Reprinted as at 28 May 2015 Section 69XX: inserted, on 30 November 2011 (being the date of separation day, and an Order in Council (SR 2011/302) having been made under section 36), by section 51 of the Telecommunica- tions (TSO, Broadband, and Other Matters) Amendment Act 2011 (2011 No 27).
69XY Finance leases: financial arrangements rules (1) For the purposes of the financial arrangements rules as defined in section EW 1(2) of the Income Tax Act 2007, for a finance lease that a Telecom company is party to immediately before the appointed day and vests in a Chorus compa- ny on the appointed day,–– (a) (b) (c) (d) if the finance lease is an asset of the Telecom company, the Chorus com- pany is treated as paying to the Telecom company an amount of consid- eration for the finance lease that is equal to the tax book value of the fi- nance lease on the relevant day: if the finance lease is a liability of the Telecom company, the Telecom company is treated as paying to the Chorus company an amount of con- sideration for the finance lease that is equal to the tax book value of the finance lease on the relevant day: the Telecom company must calculate, on the relevant day, a base price adjustment under section EW 31 of the Income Tax Act 2007: if the Chorus company calculates, on or after the relevant day, a base price adjustment under section EW 31 of that Act, that base price adjust- ment must be calculated as if, in respect of the period up to and includ- ing the relevant day, it and the Telecom company were the same person: (e) sections EW 38, EW 42, and GB 21 of that Act do not apply for the vest- ing.
(2) In this section,–– (a) (b) finance lease has the same meaning as in the Income Tax Act 2007: tax book value means, for the relevant day and a finance lease, the val- ue for tax purposes of the finance lease on the relevant day determined consistently with the method used in subpart EW of the Income Tax Act 2007 to calculate and allocate income and expenditure under the finance lease as if the day immediately preceding the relevant day were the last day of an income year.
Section 69XY: inserted, on 30 November 2011 (being the date of separation day, and an Order in Council (SR 2011/302) having been made under section 36), by section 51 of the Telecommunica- tions (TSO, Broadband, and Other Matters) Amendment Act 2011 (2011 No 27).
69XZ Approved issuer levy and administrative status For the purposes of the Income Tax Act 2007 and the Stamp and Cheque Du- ties Act 1971, a transaction or class of transactions registered as a registered security or as registered securities by a Telecom company on or prior to the ap- pointed day is treated as also being registered as a registered security or as registered securities, as the case may be, by the relevant Chorus company.
The (1) 94 Reprinted as at 28 May 2015 Telecommunications Act 2001 Part 2B s 69Z relevant Chorus company is treated as an approved issuer in respect of the registered security or registered securities, as the case may be.
(2) The relevant Telecom company and the relevant Chorus company are treated as the same person, for the period prior to and including the appointed day, for the purposes of the making, giving, or receiving of any election, notice, certificate, and filing provided for under the Inland Revenue Acts.
(3) A Telecom company and the relevant Chorus company are treated as the same person for the purposes of receiving the benefit of–– (a) a provisional rate, as defined in section EE 67 of the Income Tax Act 2007: (b) a special rate, as defined in section EE 67 of that Act.

(4) In this section, registered security has the same meaning as in the Income Tax Act 2007.
Section 69XZ: inserted, on 30 November 2011 (being the date of separation day, and an Order in Council (SR 2011/302) having been made under section 36), by section 51 of the Telecommunica- tions (TSO, Broadband, and Other Matters) Amendment Act 2011 (2011 No 27).

Part 2B Information disclosure requirements Part 2B: inserted, on 22 December 2006, by section 32 of the Telecommunications Amendment Act (No 2) 2006 (2006 No 83).
69Y Purpose The purpose of this Part is to promote competition in telecommunications mar- kets for the long-term benefit of end-users of telecommunications services in New Zealand by requiring that reliable and timely information prescribed by the Commission is made publicly available— (a) (b) by Telecom, so that a wide range of people are informed about the oper- ation and behaviour of Telecom’s network, wholesale, and retail business activities and services; and by access providers, including Telecom, so that a wide range of people are informed about the operation and behaviour of prescribed businesses that provide prescribed services, in order to monitor and facilitate com- pliance with prescribed applicable access principles.
Compare: 1986 No 5 s 57T(1) Section 69Y: inserted, on 22 December 2006, by section 32 of the Telecommunications Amendment Act (No 2) 2006 (2006 No 83).

69Z Parameters of Part The Commission’s requirements under this Part must be reasonable, having re- gard to the purpose of this Part, the confidentiality of the information in ques- tion, and the time required to prepare the information.
95 Part 2B s 69ZA Telecommunications Act 2001 Reprinted as at 28 May 2015 Section 69Z: inserted, on 22 December 2006, by section 32 of the Telecommunications Amendment Act (No 2) 2006 (2006 No 83).
69ZA Interpretation In this Part, unless the context otherwise requires,— disclose means to publish or make publicly available or otherwise supply, as may be required by the Commission information and disclosed information includes any statements, certificates, or other information required to be disclosed under this Act prescribed means prescribed by the Commission.
Compare: 1986 No 5 s 57T(6) Section 69ZA: inserted, on 22 December 2006, by section 32 of the Telecommunications Amend- ment Act (No 2) 2006 (2006 No 83).

69ZB Accounting separation of Telecom [Repealed] Section 69ZB: repealed, on 1 July 2011, by section 47 of the Telecommunications (TSO, Broadband, and Other Matters) Amendment Act 2011 (2011 No 27).
69ZC Information disclosure by all access providers (1) This section applies— (a) (b) to any access provider in relation to any part of its business that provides prescribed designated or specified services; and for the purpose of enabling monitoring of, and facilitating compliance with, prescribed applicable access principles— (i) that are incorporated in any determination, approved code, or registered undertaking; and (ii) with which the access provider is required to comply.
(2) The Commission— (a) may require the access provider to prepare and disclose information about the operation and behaviour of that part of its business; and (b) may require the access provider to adopt, in the preparation or compil- ation of that information, any methodology that is required by the Com- mission.
(3) The Commission may require the access provider to prepare and disclose infor- mation consisting of, or about, the following things, as part of the information required under this section,— contracts: prices, terms, and conditions of supply of prescribed services: transactions with related parties (as if the test for related parties were the same as the test in section 79): (a) (b) (c) 96 Reprinted as at 28 May 2015 (d) (e) (f) (g) Telecommunications Act 2001 Part 2B s 69ZD performance measures and statistics (for example, response times, tech- nical performance, and service quality details): plans and forecasts: network capacity information: policies and methodologies in these or other areas.
(4) Access providers must prepare and disclose any information required under this section in accordance with the Commission’s requirements.

(5) Subsection (3) does not limit subsection (2).

Compare: 1986 No 5 s 57T(2), (3) Section 69ZC: inserted, on 22 December 2006, by section 32 of the Telecommunications Amendment Act (No 2) 2006 (2006 No 83).
69ZD Miscellaneous provisions relating to Commission’s information disclosure requirements (1) The Commission may, in making requirements under section 69ZC— (a) (b) (c) (d) (e) (f) (g) (h) (i) (j) prescribe the form and manner in which information must be disclosed: specify a time or date, or times or dates, as at which information must be disclosed: require the disclosure of assumptions made in the preparation of the in- formation: require the audit of disclosed information: require disclosed information, or information from which disclosed in- formation is derived (in whole or in part), to be certified, in the pre- scribed form and manner by persons belonging to any specified class of persons: set rules about when and for how long information must be disclosed: require the retention of data on which disclosed information is based and associated documentation: exempt or provide for exemptions (including provide for the revocation of exemptions), on any terms and conditions, of any person or class of persons from all or any of the requirements: provide for transitional provisions: make requirements from time to time (for example, more than once a year): (k) make requirements in respect of all or part of the relevant business.
(2) Subsection (1)(j) does not limit section 16 of the Interpretation Act 1999.

Compare: 1986 No 5 s 57T(8) Section 69ZD: inserted, on 22 December 2006, by section 32 of the Telecommunications Amend- ment Act (No 2) 2006 (2006 No 83).

97 Part 2B s 69ZE Telecommunications Act 2001 Reprinted as at 28 May 2015 Section 69ZD(1): amended, on 1 July 2011, by section 48 of the Telecommunications (TSO, Broad- band, and Other Matters) Amendment Act 2011 (2011 No 27).
69ZE Publication of Commission’s information disclosure requirements The Commission must give public notice of requirements made under this Part.

Compare: 1986 No 5 s 57T(4) Section 69ZE: inserted, on 22 December 2006, by section 32 of the Telecommunications Amendment Act (No 2) 2006 (2006 No 83).
69ZF Information to be supplied to Commission (1) Every person who is required under this Part to disclose information must sup- ply to the Commission— (a) (b) a copy of all information disclosed under this Part, which must be sup- plied within 5 working days after the information is first disclosed under this Part; and any further statements, reports, agreements, particulars, and other infor- mation requested in writing by the Commission for the purpose of moni- toring the person’s compliance with the requirements made under this Part.
(2) (3) Every person to whom a request is made under subsection (1)(b) must comply with that request within the period specified by the Commission.

The Commission may require all or any statements, reports, agreements, par- ticulars, and other information supplied under subsection (1) to be either or both— (a) (b) audited: verified by statutory declaration by the persons and in the form required by the Commission.
Compare: 1986 No 5 s 57U Section 69ZF: inserted, on 22 December 2006, by section 32 of the Telecommunications Amendment Act (No 2) 2006 (2006 No 83).
69ZG Commission to publish summaries The Commission must, as soon as practicable after the Commission is supplied with information under section 69ZF, publish a summary and analysis of the disclosed information for the purpose of promoting greater understanding of— (a) the operation and behaviour of the relevant prescribed businesses of Tel- ecom and access providers; and (b) the changes in operation and behaviour over time.
Compare: 1986 No 5 s 57V Section 69ZG: inserted, on 22 December 2006, by section 32 of the Telecommunications Amend- ment Act (No 2) 2006 (2006 No 83).

98 Reprinted as at 28 May 2015 Telecommunications Act 2001 Part 3 s 70 69ZH Reasonable charge may be imposed for providing copies of statements (1) Any person who is required under this Part to provide copies of information, on request, to the public may charge for providing those copies.
(2) A charge must be no more than is reasonably required to recover the costs of providing those copies.

Compare: 1986 No 5 s 57W Section 69ZH: inserted, on 22 December 2006, by section 32 of the Telecommunications Amend- ment Act (No 2) 2006 (2006 No 83).
Part 3 Telecommunications service obligations Subpart 1—TSO instruments 70 (1) (2) Declaration of TSO instruments The purpose of this section is to facilitate the supply of certain telecommunica- tions services to groups of end-users within New Zealand to whom those tele- communications services may not otherwise be supplied on a commercial basis or at a price that is considered by the Minister to be affordable to those groups of end-users.
Subject to subsection (3), the Governor-General may, by Order in Council made on the recommendation of the Minister, declare an instrument that is identified in the Order in Council and that meets the requirements set out in subsection (4) to be a TSO instrument.
(3) The Minister must not make a recommendation under subsection (2) unless— (a) the service provider to whom the instrument applies agrees to the instru- ment being declared a TSO instrument; and (b) the Minister has first— (i) (ii) consulted liable persons and any persons and organisations that the Minister considers appropriate having regard to the subject matter of the proposed TSO instrument; and assessed whether or not contestability could reasonably be ach- ieved in relation to each of the obligations to which the instrument applies.
(4) An instrument that is to be declared a TSO instrument must— (a) (b) record a contract or arrangement or an understanding between the Crown and a service provider for the supply of a particular telecommunications service or range of telecommunications services; and identify the group of end-users to whom the service must be supplied; and 99 Part 3 s 71 Telecommunications Act 2001 Reprinted as at 28 May 2015 (c) (d) (e) define the geographical area within which the service must be supplied; and specify the retail price at, or below which, the service must be supplied; and specify the criteria that must be met for the standard of the service to be supplied.
(5) [Repealed] Section 70(5): repealed, on 22 December 2006, by section 33 of the Telecommunications Amend- ment Act (No 2) 2006 (2006 No 83).

71 Deemed TSO instrument (1) Despite anything to the contrary in section 70, any other enactment, or rule of law, an instrument of the kind referred to in subsection (2) is deemed to be a TSO instrument (deemed TSO instrument) for the purposes of this Part (as if that instrument had been declared to be a TSO instrument under section 70).
(2) Subsection (1) applies to any other instrument that— (a) (b) includes or records provisions that state that the parties intend the instru- ment to be a deemed TSO instrument under this Act; and is conditional on, or entered into as a consequence of, the structural sep- aration of Telecom.

Section 71(2): substituted, on 1 July 2011, by section 8 of the Telecommunications (TSO, Broadband, and Other Matters) Amendment Act 2011 (2011 No 27).
71A TSO instrument may specify total amount payable by the Crown (1) A TSO instrument may specify the total amount payable by the Crown under the instrument for each financial year (the specified amount).

(2) The total amount may be specified as— (a) (b) (c) (d) (e) a fixed monetary amount; or a capped monetary amount; or an indexed monetary amount; or a formula for the calculation of a monetary amount; or any combination of paragraphs (a) to (d).
Section 71A: substituted, on 1 July 2011, by section 9 of the Telecommunications (TSO, Broadband, and Other Matters) Amendment Act 2011 (2011 No 27).

72 New KSO does not alter or revoke constitution of Telecom [Repealed] Section 72: repealed, on 1 July 2011, by section 10 of the Telecommunications (TSO, Broadband, and Other Matters) Amendment Act 2011 (2011 No 27).
100 Reprinted as at 28 May 2015 Telecommunications Act 2001 Part 3 s 76 73 When KSO part of original KSO ceases to have effect [Repealed] Section 73: repealed, on 1 July 2011, by section 10 of the Telecommunications (TSO, Broadband, and Other Matters) Amendment Act 2011 (2011 No 27).

74 Compliance with TSO instrument (1) A TSO provider must comply with the terms of a TSO instrument.
(2) The statutory duty in subsection (1) does not limit or affect any right, duty, li- ability, or remedy in respect of a TSO instrument that exists or is available apart from this Act.

Section 74: substituted, on 1 July 2011, by section 11 of the Telecommunications (TSO, Broadband, and Other Matters) Amendment Act 2011 (2011 No 27).
75 Variation of TSO instrument A variation of— (a) (b) an instrument that is declared to be a TSO instrument under section 70 must be treated as part of the TSO instrument as long as the TSO instru- ment continues to meet the requirements set out in section 70(4): a deemed TSO instrument must be treated as part of the deemed TSO in- strument.

Section 75 heading: amended, on 1 July 2011, by section 12(1) of the Telecommunications (TSO, Broadband, and Other Matters) Amendment Act 2011 (2011 No 27).
Section 75(a): amended, on 1 July 2011, by section 12(2) of the Telecommunications (TSO, Broad- band, and Other Matters) Amendment Act 2011 (2011 No 27).
76 When instrument ceases to be TSO instrument (1) An instrument ceases to be a TSO instrument,— (a) (b) in the case of an instrument that is declared to be a TSO instrument under section 70, if the Governor-General, by Order in Council made on the recommendation of the Minister, revokes the declaration of that TSO instrument; or in the case of a deemed TSO instrument, on a date appointed by the Governor-General by Order in Council made on the recommendation of the Minister; or (c) if the instrument is terminated in accordance with its terms.
(2) The Minister must not make a recommendation under subsection (1)(a) or (b) unless,— (a) in the case of an instrument that is declared to be a TSO instrument under section 70, the service provider to whom that instrument applies agrees to the revocation of the declaration; or 101 Part 3 s 77 Telecommunications Act 2001 Reprinted as at 28 May 2015 (b) in the case of a deemed TSO instrument, the service provider to whom that instrument applies agrees to that instrument ceasing to have effect as a deemed TSO instrument.
Section 76: substituted, on 1 July 2011, by section 13 of the Telecommunications (TSO, Broadband, and Other Matters) Amendment Act 2011 (2011 No 27).

77 (1) Notification of TSO instrument The Minister must notify the Commission of— (a) every instrument that is declared to be a TSO instrument under section 70; and (b) every deemed TSO instrument.

(2) The Commission must give public notice of every TSO instrument.
Section 77: substituted, on 1 July 2011, by section 14 of the Telecommunications (TSO, Broadband, and Other Matters) Amendment Act 2011 (2011 No 27).

78 Application of Commerce Act 1986 Part 2 of the Commerce Act 1986 does not apply in respect of a TSO instru- ment or a contract, arrangement, or understanding to which the TSO instrument relates or any matter necessary for giving effect to the TSO instrument or the contract, arrangement, or understanding.
79 When 2 or more bodies corporate must be treated as 1 person (1) For the purposes of this Part, any 2 or more bodies corporate must be treated as 1 person if— (a) (b) (c) (d) (e) one of them is a body corporate of which the others are subsidiaries; or all of them are subsidiaries of the same body corporate; or all of them are associates of each other; or one of them owns or controls shares that in the aggregate carry the right to exercise or control the exercise of 20% or more of the voting power at meetings of the others; or a third person owns or controls shares in each of them that carry the right to exercise or control the exercise of 20% or more of the voting power at meetings of each of them.
(2) For the purposes of subsection (1)(c), a body corporate is an associate of anoth- er if that body corporate is able, whether directly or indirectly, to exert a sub- stantial degree of influence over the activities of the other.
(3) A body corporate is not able to exert a substantial degree of influence over an- other body corporate for the purposes of subsection (2) just because— (a) (b) those bodies corporate are in competition in the same market; or one of them supplies goods or services to the other.

102 Reprinted as at 28 May 2015 Telecommunications Act 2001 Part 3 s 80 Section 79: substituted, on 22 December 2006, by section 36 of the Telecommunications Amendment Act (No 2) 2006 (2006 No 83).
Subpart 2—Amounts payable by liable persons to the Crown Subpart 2 heading: substituted, on 1 July 2011, by section 15 of the Telecommunications (TSO, Broadband, and Other Matters) Amendment Act 2011 (2011 No 27).

Annual procedure for determining amounts payable by liable persons to the Crown Heading: substituted, on 1 July 2011, by section 15 of the Telecommunications (TSO, Broadband, and Other Matters) Amendment Act 2011 (2011 No 27).
80 Interpretation In this subpart, unless the context otherwise requires,— financial statements,— (a) (b) except if section 79 applies, has the same meaning as in section 6 of the Financial Reporting Act 2013; and if section 79 applies, means a consolidated statement of financial per- formance of the 2 or more bodies corporate required by that section to be treated as 1 person, prepared in accordance with generally accepted ac- counting practice, as defined in section 8 of the Financial Reporting Act 2013 minimum telecommunications revenue means $10 million, or such other amount, as may be prescribed by regulations made under section 101(1)(a), of gross revenue (as may be determined in accordance with any specifications set by the Commission) that a liable person receives during a financial year for supplying either or both of the following (excluding any amount paid to a lia- ble person by the Crown as compensation for the cost of complying with a TSO instrument that contains a specified amount): (a) (b) telecommunications services by means of its PTN: telecommunications services by means that rely primarily on the exis- tence of its PTN or any other PTN.
Section 80: substituted, on 1 July 2011, by section 15 of the Telecommunications (TSO, Broadband, and Other Matters) Amendment Act 2011 (2011 No 27).

Section 80 financial statements: replaced, on 1 April 2014, by section 126 of the Financial Report- ing (Amendments to Other Enactments) Act 2013 (2013 No 102).

Requirement to produce certain information [Repealed] Heading: repealed, on 1 July 2011, by section 15 of the Telecommunications (TSO, Broadband, and Other Matters) Amendment Act 2011 (2011 No 27).
103 Part 3 s 81 Telecommunications Act 2001 Reprinted as at 28 May 2015 81 (1) (2) Subpart does not apply to certain liable persons This subpart does not apply to a liable person in respect of a financial year (financial year A) if— (a) (b) the liable person was not trading in the financial year preceding financial year A; or the liable person’s telecommunications revenue for the year preceding fi- nancial year A was less than the minimum telecommunications revenue.
For the purpose of determining whether a person is a liable person to whom this subpart applies in respect of a financial year, the Commission may, by written notice to that person, require the person to provide to the Commission, within the time specified in the notice,— (a) (b) a copy of the person’s financial statements for the year preceding finan- cial year A; and any further information specified by the Commission for the purpose of enabling it to verify the telecommunications revenue of that person for the year preceding financial year A; and (c) a certificate that complies with subsection (3).
(3) A certificate complies with this subsection if— (a) (b) it certifies the person’s telecommunications revenue for the year preced- ing financial year A; and it is signed by 2 directors of the person with the authority of the other directors.

Section 81: substituted, on 1 July 2011, by section 15 of the Telecommunications (TSO, Broadband, and Other Matters) Amendment Act 2011 (2011 No 27).
82 Liable persons must produce information on qualified revenue Not later than 60 working days before the end of each financial year (financial year A), each liable person must provide to the Commission a copy of— (a) (b) its financial statements for the financial year preceding financial year A; and any further information specified by the Commission for the purpose of enabling it to verify the qualified revenue of that person for the financial year preceding financial year A.
Section 82: substituted, on 1 July 2011, by section 15 of the Telecommunications (TSO, Broadband, and Other Matters) Amendment Act 2011 (2011 No 27).

Net cost [Repealed] Heading: repealed, on 1 July 2011, by section 15 of the Telecommunications (TSO, Broadband, and Other Matters) Amendment Act 2011 (2011 No 27).
104 Reprinted as at 28 May 2015 Telecommunications Act 2001 Part 3 s 85 83 Liable persons must produce information for purposes of liability allocation determination (1) Not later than 60 working days after the end of each financial year, each liable person must provide to the Commission— (a) all prescribed information or, if there is no prescribed information, infor- mation specified by the Commission, for the purpose of enabling the Commission to make its determination in accordance with section 88(a); and (b) a report that complies with subsection (2).
(2) A report complies with this subsection if— (a) (b) it is prepared by a qualified auditor; and it includes a statement of the extent to which the information provided by the liable person under subsection (1)(a) is correct and complete.

Section 83: substituted, on 1 July 2011, by section 15 of the Telecommunications (TSO, Broadband, and Other Matters) Amendment Act 2011 (2011 No 27).
84 (1) Commission to prepare draft liability allocation determination The Commission must— (a) (b) (c) prepare a draft liability allocation determination for each financial year; and give public notice of that draft determination; and include in the public notice the closing date for submissions, which must be not later than 20 working days after the date of giving public notice.
(2) The Commission must make reasonable efforts to do the things referred to in subsection (1) not later than 80 working days after the end of the financial year.

Section 84: substituted, on 1 July 2011, by section 15 of the Telecommunications (TSO, Broadband, and Other Matters) Amendment Act 2011 (2011 No 27).
Amount of revenue received by liable persons in relation to TSO instrument [Repealed] Heading: repealed, on 1 July 2011, by section 15 of the Telecommunications (TSO, Broadband, and Other Matters) Amendment Act 2011 (2011 No 27).
85 Matters to be included in draft liability allocation determination (1) A draft liability allocation determination must include— (a) (b) the amount of each liable person’s qualified revenue; and the amount of the telecommunications development levy payable by each liable person for the financial year, calculated in accordance with the following formula: a b × c 105 Part 3 s 86 Telecommunications Act 2001 Reprinted as at 28 May 2015 where— a b c is the amount of the liable person’s qualified revenue is the sum of all liable persons’ qualified revenue is the telecommunications development levy specified for the rele- vant year in Schedule 3B; and (c) the methodology applied by the Commission in preparing the determin- ation; and (d) the reasons for the determination.
(2) To avoid doubt, the Commission may determine what revenue basis to use for the purposes of subsection (1)(a) (for example, a net revenue basis).

Section 85: substituted, on 1 July 2011, by section 15 of the Telecommunications (TSO, Broadband, and Other Matters) Amendment Act 2011 (2011 No 27).
General provision relating to TSO cost allocation determination and TSO cost calculation determination Heading: repealed, on 1 July 2011, by section 15 of the Telecommunications (TSO, Broadband, and Other Matters) Amendment Act 2011 (2011 No 27).
[Repealed] 86 Conferences on draft liability allocation determination The Commission may— (a) (b) hold conferences in relation to the draft liability allocation determin- ation; and invite to those conferences any person who has a material interest in the determination.

Section 86: substituted, on 1 July 2011, by section 15 of the Telecommunications (TSO, Broadband, and Other Matters) Amendment Act 2011 (2011 No 27).
TSO cost allocation determination [Repealed] Heading: repealed, on 1 July 2011, by section 15 of the Telecommunications (TSO, Broadband, and Other Matters) Amendment Act 2011 (2011 No 27).

Commission to prepare final liability allocation determination The Commission must— (a) (b) (c) prepare a final liability allocation determination; and give public notice of that final determination; and give a copy of that final determination to all liable persons.
The Commission must make reasonable efforts to do the things referred to in subsection (1) not later than 20 working days after the closing date for submis- sions specified in accordance with section 84(1)(c).

87 (1) (2) 106 Reprinted as at 28 May 2015 Telecommunications Act 2001 Part 3 s 90 Section 87: substituted, on 1 July 2011, by section 15 of the Telecommunications (TSO, Broadband, and Other Matters) Amendment Act 2011 (2011 No 27).
88 Matters to be included in final liability allocation determination A final liability allocation determination must include— (a) (b) (c) the amount of each liable person’s qualified revenue; and the amount of the telecommunications development levy payable by each liable person, calculated in accordance with the formula set out in section 85(1)(b); and the methodology applied by the Commission in preparing the determin- ation; and (d) the reasons for the determination.
Section 88: substituted, on 1 July 2011, by section 15 of the Telecommunications (TSO, Broadband, and Other Matters) Amendment Act 2011 (2011 No 27).

89 (1) Payment by liable persons to the Crown Each liable person must pay to the Crown the amount set out in the determin- ation in accordance with section 88(b) not later than 20 working days after the date that the determination is publicly notified.
(2) If that amount is not paid on or before the due date,— (a) (b) it is recoverable in any court of competent jurisdiction as a debt due to the Crown; and the liable person must pay the Crown interest on the unpaid amount at the 90-day bank bill rate (as at 21 working days after the date on which the determination is publicly notified) plus 5% for the period from the time the amount was due until the time at which it is paid.

(3) Subsection (2) does not authorise the imposing of interest on interest.
Section 89: substituted, on 1 July 2011, by section 15 of the Telecommunications (TSO, Broadband, and Other Matters) Amendment Act 2011 (2011 No 27).

General matters Heading: inserted, on 1 July 2011, by section 15 of the Telecommunications (TSO, Broadband, and Other Matters) Amendment Act 2011 (2011 No 27).
90 (1) Crown use of telecommunications development levy The amounts paid by liable persons under section 89 (collectively, the telecom- munications development levy) may be used for the following purposes: (a) (b) (c) (d) to pay TSO charges: to pay for non-urban telecommunications infrastructure development: to pay for upgrades to the emergency service calling system: any other purpose that the Minister considers will facilitate the supply of certain telecommunications services to groups of end-users within New 107 Part 3 s 91 Telecommunications Act 2001 Reprinted as at 28 May 2015 (2) (3) 91 (1) Zealand to whom those telecommunications services may not otherwise be supplied on a commercial basis or at a price that is considered by the Minister to be affordable to those groups of end-users.
The telecommunications development levy must not be used for a purpose under subsection (1)(d) unless the Minister has first consulted liable persons and any persons and organisations that the Minister considers appropriate hav- ing regard to the proposed use of the levy.

To avoid doubt, except as provided in section 94L, nothing in this section re- quires the Crown to use any amount paid by liable persons under section 89 within any particular time.
Section 90: substituted, on 1 July 2011, by section 15 of the Telecommunications (TSO, Broadband, and Other Matters) Amendment Act 2011 (2011 No 27).
Commission must notify final liability allocation determination before notifying TSO cost calculation determination The Commission may determine the priority between the preparation of a li- ability allocation determination and the preparation of a TSO cost calculation determination and, accordingly, may comply with sections 84 to 88 and sec- tions 94F to 94K in the sequence, as between those 2 sets of sections, as it thinks fit.
(2) However, the Commission must publicly notify a final liability allocation de- termination for each financial year in accordance with section 87(1)(b) before it publicly notifies any final TSO cost calculation determination for that finan- cial year in accordance with section 94J(1)(b).

Section 91: substituted, on 1 July 2011, by section 15 of the Telecommunications (TSO, Broadband, and Other Matters) Amendment Act 2011 (2011 No 27).
TSO cost calculation determination [Repealed] Heading: repealed, on 1 July 2011, by section 15 of the Telecommunications (TSO, Broadband, and Other Matters) Amendment Act 2011 (2011 No 27).

Annual telecommunications development levy may be reduced by Order in Council The Governor-General may, by Order in Council made on the recommendation of the Minister, amend Schedule 3B by reducing the annual telecommunica- tions development levy set out in that schedule for 1 or more future years.
The Minister must not recommend the making of an order unless the Minister is satisfied that the full amount set out in Schedule 3B is not required for the purposes in section 90.

Section 92: substituted, on 1 July 2011, by section 15 of the Telecommunications (TSO, Broadband, and Other Matters) Amendment Act 2011 (2011 No 27).
92 (1) (2) 108 Reprinted as at 28 May 2015 Telecommunications Act 2001 Part 3 s 93E Subpart 2A—TSO charges payable by the Crown Subpart 2A: inserted, on 1 July 2011, by section 15 of the Telecommunications (TSO, Broadband, and Other Matters) Amendment Act 2011 (2011 No 27).

Assessment of compliance Heading: inserted, on 1 July 2011, by section 15 of the Telecommunications (TSO, Broadband, and Other Matters) Amendment Act 2011 (2011 No 27).
93 Assessment of compliance with TSO instrument Not later than 60 working days after the end of each financial year, the Com- mission must— (a) (b) assess a TSO provider’s compliance with its TSO instrument during that financial year in accordance with any process set out in the TSO instru- ment; and notify the TSO provider and the Minister, in writing, of any non-compli- ance by the TSO provider with the TSO instrument.
Section 93: substituted, on 1 July 2011, by section 15 of the Telecommunications (TSO, Broadband, and Other Matters) Amendment Act 2011 (2011 No 27).

93A Matters to be included in draft TSO cost calculation determination [Repealed] Section 93A: repealed, on 1 July 2011, by section 15 of the Telecommunications (TSO, Broadband, and Other Matters) Amendment Act 2011 (2011 No 27).
93B Conferences on draft TSO cost calculation determination [Repealed] Section 93B: repealed, on 1 July 2011, by section 15 of the Telecommunications (TSO, Broadband, and Other Matters) Amendment Act 2011 (2011 No 27).

93C Commission to prepare final TSO cost calculation determination [Repealed] Section 93C: repealed, on 1 July 2011, by section 15 of the Telecommunications (TSO, Broadband, and Other Matters) Amendment Act 2011 (2011 No 27).
93D Requirements for final TSO cost calculation determination [Repealed] Section 93D: repealed, on 1 July 2011, by section 15 of the Telecommunications (TSO, Broadband, and Other Matters) Amendment Act 2011 (2011 No 27).

93E Matters to be included in final TSO cost calculation determination [Repealed] Section 93E: repealed, on 1 July 2011, by section 15 of the Telecommunications (TSO, Broadband, and Other Matters) Amendment Act 2011 (2011 No 27).
109 Part 3 s 93F Telecommunications Act 2001 Reprinted as at 28 May 2015 Calculation of amount payable by liable person [Repealed] Heading: repealed, on 1 July 2011, by section 15 of the Telecommunications (TSO, Broadband, and Other Matters) Amendment Act 2011 (2011 No 27).

93F Calculation of amount payable by liable person [Repealed] Section 93F: repealed, on 1 July 2011, by section 15 of the Telecommunications (TSO, Broadband, and Other Matters) Amendment Act 2011 (2011 No 27).
TSO provider may request TSO cost calculation determination Heading: inserted, on 1 July 2011, by section 15 of the Telecommunications (TSO, Broadband, and Other Matters) Amendment Act 2011 (2011 No 27).
94 (1) TSO provider under TSO instrument without specified amount may request TSO cost calculation determination If a TSO provider under a TSO instrument that does not contain a specified amount wishes to have the TSO charges for the instrument determined in re- spect of a financial year, the TSO provider must notify the Commission that it wishes to invoke the procedure in sections 94D to 94K for the preparation of a TSO cost calculation determination for that financial year.
(2) The notification must be— (a) (b) in writing; and given not later than 90 working days after the end of the relevant finan- cial year.

(3) A TSO provider under a deemed TSO instrument who gives notice under sub- section (1) must, at the time of giving that notice to the Commission, serve a copy of the notice on every other TSO provider under a deemed TSO instru- ment.
Section 94: substituted, on 1 July 2011, by section 15 of the Telecommunications (TSO, Broadband, and Other Matters) Amendment Act 2011 (2011 No 27).

Section 94(3): added, on 30 November 2011 (being the date of separation day, and an Order in Coun- cil (SR 2011/302) having been made under section 36), by section 54 of the Telecommunications (TSO, Broadband, and Other Matters) Amendment Act 2011 (2011 No 27).
Calculation of amount payable by TSO provider [Repealed] Heading: repealed, on 1 July 2011, by section 15 of the Telecommunications (TSO, Broadband, and Other Matters) Amendment Act 2011 (2011 No 27).
94A TSO provider who requests TSO cost calculation determination liable for costs in certain circumstances (1) A TSO provider who notifies the Commission under section 94 must, if the Commission determines the TSO charges for the instrument to be zero, pay the 110 Reprinted as at 28 May 2015 Telecommunications Act 2001 Part 3 s 94D costs of the Commission relating to the procedure in sections 94F to 94K for the preparation of the TSO cost calculation determination (including the costs of any expert advice) as directed by the Commission in writing.
(2) The Commission may enforce a direction given under subsection (1) by filing it in the prescribed form in the Wellington Registry of the High Court.

(3) A direction that is filed in the Registry of the High Court under this section is enforceable as a judgment of the High Court in its civil jurisdiction.

Section 94A: substituted, on 1 July 2011, by section 15 of the Telecommunications (TSO, Broad- band, and Other Matters) Amendment Act 2011 (2011 No 27).
94B Withdrawal of request for TSO cost calculation determination (1) A TSO provider who notifies the Commission under section 94 may subse- quently withdraw its request for a TSO cost calculation determination.

(2) The withdrawal must be made by submitting a notice in writing to the Com- mission before the Commission publicly notifies its final TSO cost calculation determination under section 94J(1)(b).
(3) A TSO provider who withdraws a request for a TSO cost calculation determin- ation must pay the costs of the Commission (including the costs of any expert advice) relating to as much of the procedure in sections 94F to 94K as has been undertaken in preparing the determination before the withdrawal, as directed by the Commission in writing.

(4) Section 94A(2) and (3) apply to the enforcement of the direction.
Section 94B: inserted, on 1 July 2011, by section 15 of the Telecommunications (TSO, Broadband, and Other Matters) Amendment Act 2011 (2011 No 27).
94C TSO charges deemed to be zero if TSO provider does not request TSO cost calculation determination If a TSO provider under a TSO instrument that does not contain a specified amount does not notify the Commission in accordance with section 94,— (a) sections 91 and 94D to 94L do not apply in respect of the TSO provider or TSO instrument; and (b) the TSO charges for the instrument are deemed to be zero.
Section 94C: inserted, on 1 July 2011, by section 15 of the Telecommunications (TSO, Broadband, and Other Matters) Amendment Act 2011 (2011 No 27).

Annual procedure for determining TSO charges payable by the Crown Heading: inserted, on 1 July 2011, by section 15 of the Telecommunications (TSO, Broadband, and Other Matters) Amendment Act 2011 (2011 No 27).
94D Calculations of net cost and auditor’s report must be given to Commission (1) Not later than 90 working days after the end of each financial year, a TSO pro- vider under a TSO instrument that does not contain a specified amount must provide to the Commission— 111 Part 3 s 94E Telecommunications Act 2001 Reprinted as at 28 May 2015 (a) (b) calculations of the net cost to the TSO provider of complying with the TSO instrument during the financial year; and a report prepared by a qualified auditor that includes a statement of whether or not the calculations comply with— (i) (ii) any prescribed requirements relating to those calculations; and any requirements of the Commission.
(2) This section is subject to section 94C.

Section 94D: inserted, on 1 July 2011, by section 15 of the Telecommunications (TSO, Broadband, and Other Matters) Amendment Act 2011 (2011 No 27).
94E Considerations for determining net cost (1) In calculating the net cost under section 94D and calculating the net cost for the purposes of a draft TSO cost calculation determination under section 94F and a final TSO cost calculation determination under section 94J, the following must be taken into account: (a) (b) in the case of an instrument that is declared to be a TSO instrument under section 70, the range of direct and indirect revenues and associated benefits derived from providing telecommunications services to com- mercially non-viable end-users, less the costs of providing those services to those end-users: in the case of a deemed TSO instrument, the range of direct and indirect revenues and associated benefits derived from providing telecommuni- cations services to all end-users connected to existing residential lines, less the costs of providing those services to those end-users: (c) the provision of a reasonable return on the incremental capital employed in providing those services to end-users.
Subsection (1) is subject to subsections (3) and (4).
In calculating the net cost for the purposes of a draft TSO cost calculation de- termination under section 94F and a final TSO cost calculation determination under section 94J, the Commission— (a) may choose not to include profits from any new telecommunications services that involve significant capital investment and that offer cap- abilities not available from established telecommunications services; and (b) must not include any losses from telecommunications services other than services that the TSO instrument requires the TSO provider to provide; and (c) must consider the purpose set out in section 18.
(2) (3) (4) In calculating the net cost under section 94D, the TSO provider must comply with any requirements of the Commission relating to the application of subsec- tion (3)(a) to (c).
(5) In this section,— 112 Reprinted as at 28 May 2015 Telecommunications Act 2001 Part 3 s 94EB established telecommunications services means telecommunications services that are not new telecommunications services new telecommunications services means telecommunications services that were first provided in New Zealand within 5 years before the start of the finan- cial year to which the calculation of the net cost relates.
Section 94E: inserted, on 1 July 2011, by section 15 of the Telecommunications (TSO, Broadband, and Other Matters) Amendment Act 2011 (2011 No 27).

94EA Calculations of net revenue and auditor’s report must be given to Commission (1) This section applies to a TSO provider under a deemed TSO instrument that requires the TSO provider to provide a telecommunications service to end- users and who is served with a copy of a notice under section 94(3).
(2) Not later than 60 days after receiving the copy of the notice served under sec- tion 94(3), a TSO provider to whom this section applies must provide to the Commission— (a) (b) calculations of the net revenue of the TSO provider for the financial year; and a report prepared by a qualified auditor that includes a statement of whether the calculations comply with— (i) (ii) any prescribed requirements relating to those calculations; and any requirements of the Commission.
Section 94EA: inserted, on 30 November 2011 (being the date of separation day, and an Order in Council (SR 2011/302) having been made under section 36), by section 55 of the Telecommunica- tions (TSO, Broadband, and Other Matters) Amendment Act 2011 (2011 No 27).
94EB Considerations for determining net revenue (1) (2) In calculating net revenue under section 94EA and calculating net revenue for the purposes of a draft TSO cost calculation determination under section 94F and a final TSO cost calculation determination under section 94J, the provision of a reasonable return on the incremental capital employed in providing tele- communications services to end-users must be taken into account.
In calculating the net revenue for the purposes of a draft TSO cost calculation determination under section 94F and a final TSO cost calculation determination under section 94J, the Commission— (a) may choose not to include profits from any new telecommunications services that involve significant capital investment and that offer cap- abilities not available from established telecommunications services; and (b) must not include any losses from telecommunications services other than services that the TSO instrument requires the TSO provider to provide; and (c) must consider the purpose set out in section 18.
113 Part 3 s 94F Telecommunications Act 2001 Reprinted as at 28 May 2015 (3) (4) In calculating net revenue under section 94EA, the TSO provider must comply with any requirements of the Commission relating to the application of subsec- tion (2)(a) to (c).

In this section, established telecommunications services and new telecom- munications services have the same meanings as in section 94E.
Section 94EB: inserted, on 30 November 2011 (being the date of separation day, and an Order in Council (SR 2011/302) having been made under section 36), by section 55 of the Telecommunica- tions (TSO, Broadband, and Other Matters) Amendment Act 2011 (2011 No 27).
94F Commission to prepare draft TSO cost calculation determination (1) The Commission must— (a) (b) (c) prepare a draft TSO cost calculation determination in respect of each TSO instrument for each financial year; and give public notice of that draft determination; and include in the public notice the closing date for submissions, which must be not later than 20 working days after the date of giving public notice.
(2) The Commission must make reasonable efforts to do the things referred to in subsection (1) not later than 120 working days after the end of the financial year.

(3) This section is subject to sections 94 and 94C.

Section 94F: inserted, on 1 July 2011, by section 15 of the Telecommunications (TSO, Broadband, and Other Matters) Amendment Act 2011 (2011 No 27).
94G Matters to be included in draft TSO cost calculation determination A draft TSO cost calculation determination must include,— (a) if the TSO instrument does not contain a specified amount, the net cost to the TSO provider of complying with the TSO instrument during the financial year and all material information that— (i) relates to the calculation of the net cost; and (ii) would not, in the opinion of the Commission, be likely to unrea- sonably prejudice the commercial position of the TSO provider; and (ab) if the TSO instrument does not contain a specified amount and is a deemed TSO instrument, the net revenue of all providers under deemed TSO instruments, excluding the provider whose net cost is set out in paragraph (a), and all material information that— (i) relates to the calculation of the net revenue; and (ii) would not, in the opinion of the Commission, be likely to unrea- sonably prejudice the commercial position of any TSO provider; and 114 Reprinted as at 28 May 2015 Telecommunications Act 2001 Part 3 s 94J (b) if the TSO instrument contains a specified amount, the dollar amount of the specified amount and all material information that— (i) relates to the calculation of that amount; and (ii) would not, in the opinion of the Commission, be likely to unrea- sonably prejudice the commercial position of the TSO provider; and (c) the amount (if any) by which the total amount that the TSO provider would receive from the Crown in relation to the TSO instrument must be reduced because the TSO provider has not complied with the TSO in- strument; and (d) the methodology applied by the Commission in preparing the determin- ation; and (e) the reasons for the determination.
Section 94G: inserted, on 1 July 2011, by section 15 of the Telecommunications (TSO, Broadband, and Other Matters) Amendment Act 2011 (2011 No 27).

Section 94G(ab): inserted, on 30 November 2011 (being the date of separation day, and an Order in Council (SR 2011/302) having been made under section 36), by section 56 of the Telecommunica- tions (TSO, Broadband, and Other Matters) Amendment Act 2011 (2011 No 27).
94H Requirements for draft TSO cost calculation determination In preparing a draft TSO cost calculation determination of the matters referred to in section 94G(c), the Commission must consider the steps taken (if any) by the TSO provider to remedy any non-compliance by the TSO provider with the TSO instrument between the date the TSO provider was notified of the non- compliance under section 93(b) and the date that is 15 working days before public notice is given under section 94F(1)(b).
Section 94H: inserted, on 1 July 2011, by section 15 of the Telecommunications (TSO, Broadband, and Other Matters) Amendment Act 2011 (2011 No 27).

94I Conferences on draft TSO cost calculation determination The Commission may— (a) (b) hold conferences in relation to a draft TSO cost calculation determin- ation; and invite to those conferences any person who has a material interest in the determination.
Section 94I: inserted, on 1 July 2011, by section 15 of the Telecommunications (TSO, Broadband, and Other Matters) Amendment Act 2011 (2011 No 27).
94J Commission to prepare final TSO cost calculation determination (1) The Commission must— (a) (b) prepare a final TSO cost calculation determination; and give public notice of that final determination; and 115 Part 3 s 94K Telecommunications Act 2001 Reprinted as at 28 May 2015 (c) give a copy of that final determination to the Minister, all liable persons, and the TSO providers in relation to the TSO instrument.
(2) The Commission must make reasonable efforts to do the things referred to in subsection (1) not later than 40 working days after the closing date for submis- sions specified in accordance with section 94F(1)(c).

(3) This section is subject to sections 94 and 94C.

Section 94J: inserted, on 1 July 2011, by section 15 of the Telecommunications (TSO, Broadband, and Other Matters) Amendment Act 2011 (2011 No 27).
94K Matters to be included in final TSO cost calculation determination (1) A final TSO cost calculation determination must include,— (a) if the TSO instrument does not contain a specified amount, the net cost to the TSO provider of complying with the TSO instrument during the financial year and all material information that— (i) relates to the calculation of the net cost; and (ii) would not, in the opinion of the Commission, be likely to unrea- sonably prejudice the commercial position of the TSO provider; and (ab) if the TSO instrument does not contain a specified amount and is a deemed TSO instrument, the net revenue for the financial year of all pro- viders under deemed TSO instruments, excluding the provider whose net cost is set out under paragraph (a), and all material information that— (i) relates to the calculation of the net revenue; and (ii) would not, in the opinion of the Commission, be likely to unrea- sonably prejudice the commercial position of any TSO provider; and (b) if the TSO instrument contains a specified amount, the dollar amount of the specified amount and all material information that— (i) relates to the calculation of that amount; and (ii) would not, in the opinion of the Commission, be likely to unrea- sonably prejudice the commercial position of the TSO provider; and (c) the amount (if any) by which the total amount that the TSO provider would receive from the Crown in relation to the TSO instrument must be reduced because the TSO provider has not complied with the TSO in- strument; and (d) the amount payable by the Crown to the TSO provider in relation to the TSO instrument in respect of the financial year calculated,— (i) in the case of a TSO instrument that does not contain a specified amount and is not a deemed instrument, by subtracting the amount 116 Reprinted as at 28 May 2015 Telecommunications Act 2001 Part 3 s 94L (ia) (ii) of the reduction (if any) referred to in paragraph (c) from the net cost referred to in paragraph (a); and in the case of a TSO instrument that does not
 contain a specified amount and is a deemed TSO instrument, by subtracting the amount of the reduction (if any) referred to in paragraph (c) and the net revenue referred to in paragraph (ab) from the net cost re- ferred to in paragraph (a); and in the case of a TSO instrument that contains a specified amount, by subtracting the amount of the reduction (if any) referred to in paragraph (c) from the specified amount referred to in paragraph (b); and (e) the amount payable by the Crown to the TSO provider in relation to the TSO instrument for the loss of use of the amount referred to in para- graph (d), calculated at the 90-day bank bill rate (as at the date of the final determination) for the period commencing from the end of the fi- nancial year and ending with the date of the final TSO cost calculation determination; and (f) the methodology used by the Commission in preparing the determin- ation; and (g) the reasons for the determination.
(2) To avoid doubt, if the calculation under subsection (1)(a) or (b) results in a fig- ure that is zero or less, the amount for the purposes of subsection (1)(d) and (e), and that must be included in the determination, is zero.

Section 94K: inserted, on 1 July 2011, by section 15 of the Telecommunications (TSO, Broadband, and Other Matters) Amendment Act 2011 (2011 No 27).
Section 94K(1)(ab): inserted, on 30 November 2011 (being the date of separation day, and an Order in Council (SR 2011/302) having been made under section 36), by section 57(1) of the Telecommuni- cations (TSO, Broadband, and Other Matters) Amendment Act 2011 (2011 No 27).
Section 94K(1)(d)(i): amended, on 30 November 2011 (being the date of separation day, and an Order in Council (SR 2011/302) having been made under section 36), by section 57(2) of the Tele- communications (TSO, Broadband, and Other Matters) Amendment Act 2011 (2011 No 27).
Section 94K(1)(d)(ia): inserted, on 30 November 2011 (being the date of separation day, and an Order in Council (SR 2011/302) having been made under section 36), by section 57(3) of the Tele- communications (TSO, Broadband, and Other Matters) Amendment Act 2011 (2011 No 27).
94L Payment by the Crown to TSO provider (1) The Crown must pay to the TSO provider, not later than 30 working days after the date that the final TSO cost calculation determination is publicly noti- fied,— (a) (b) the amount set out in the final TSO cost calculation determination in ac- cordance with section 94K(1)(d); and the amount set out in the final TSO cost calculation determination in ac- cordance with section 94K(1)(e).
117 Part 3 s 95 Telecommunications Act 2001 Reprinted as at 28 May 2015 (2) If the Crown does not pay the total of the amounts referred to in subsection (1) on or before the due date, the Crown must pay the TSO provider interest on the unpaid amount at the 90-day bank bill rate (as at 31 working days after the date on which the final cost calculation determination is publicly notified) plus 5% for the period from the time the amount was due until the time at which it is paid.
Section 94L: inserted, on 1 July 2011, by section 15 of the Telecommunications (TSO, Broadband, and Other Matters) Amendment Act 2011 (2011 No 27).
Subpart 3—Remedies and miscellaneous Remedies 95 Application of sections 96 to 98 to TSO instruments that are company constitutions [Repealed] Section 95: repealed, on 30 November 2011 (being the date of separation day, and an Order in Coun- cil (SR 2011/302) having been made under section 36), by section 58 of the Telecommunications (TSO, Broadband, and Other Matters) Amendment Act 2011 (2011 No 27).
96 (1) Power of court to grant relief in respect of TSO instrument If, on the application of the Crown, it appears to the High Court that a TSO provider intends to engage, or is engaging, or has engaged, in conduct that con- stitutes, or would constitute, a breach of the terms of a TSO instrument, the court may make any orders on any terms and conditions that it thinks appropri- ate, including, without limitation,— (a) an order to— (i) (ii) (iii) restrain the TSO provider from engaging in conduct that consti- tutes, or would constitute, the breach: require the TSO provider to do a particular act or thing: require the TSO provider to comply with the terms of the TSO in- strument: (b) an interim order.
(2) In any proceeding under this section, the Crown, on the order of the court, may obtain discovery and administer interrogatories.

(3) The court may at any time rescind or vary an order made under this section.

Section 96(1): amended, on 22 December 2006, by section 47 of the Telecommunications Amend- ment Act (No 2) 2006 (2006 No 83).

Section 96(1)(a)(i): amended, on 22 December 2006, by section 47 of the Telecommunications Amendment Act (No 2) 2006 (2006 No 83).
Section 96(1)(a)(ii): amended, on 22 December 2006, by section 47 of the Telecommunications Amendment Act (No 2) 2006 (2006 No 83).

Section 96(1)(a)(iii): amended, on 22 December 2006, by section 47 of the Telecommunications Amendment Act (No 2) 2006 (2006 No 83).
118 Reprinted as at 28 May 2015 Telecommunications Act 2001 Part 3 s 100 97 Court must take public interest into account In deciding whether to make an order under section 96, the court must take into account whether or not it is in the public interest that the order be made.
98 Certain matters not to prevent making of order under section 96 None of the following prevents the court from making an order under section 96: (a) (b) the fact that any benefit or advantage that the TSO provider obtains, or is likely to obtain, in connection with the TSO instrument is provided by a person other than the Crown: the fact that services are provided under the TSO instrument to a person other than, or in addition to, the Crown.
Section 98(a): amended, on 22 December 2006, by section 48 of the Telecommunications Amend- ment Act (No 2) 2006 (2006 No 83).

99 Amounts identifying particular TSOs in invoices not permitted [Repealed] Section 99: repealed, on 1 July 2011, by section 16 of the Telecommunications (TSO, Broadband, and Other Matters) Amendment Act 2011 (2011 No 27).
Miscellaneous 100 Right of appeal to High Court (1) The following persons and (as applicable) the Crown may appeal to the High Court against the following matters: (a) (b) (c) a liable person, against a determination of the Commission, in relation to that person, of the matter referred to in section 88(a): a TSO provider, against a direction of the Commission under section 94A(1) or 94B(3): a liable person, TSO provider, or the Crown, against a determination of the Commission in respect of a matter referred to in section 94K(1)(a) to (g).
(2) An appeal under subsection (1) may be on a question of law only.

(3) (4) If an appeal or judicial review proceedings are commenced about a liability al- location determination, TSO cost calculation determination, or direction under section 94A(1), the determination or direction continues to have effect and is enforceable as if the proceedings had not been commenced until the proceed- ings are finally disposed of.
To avoid doubt, the obligations to pay money imposed by sections 89 and 94L continue to have effect and are enforceable despite any appeal or judicial re- view proceedings about a determination that relates to those payments, until the proceedings are finally disposed of.

119 Part 3 s 100A Telecommunications Act 2001 Reprinted as at 28 May 2015 (5) TSO provider, in subsection (1), means the TSO provider under the TSO in- strument to which the direction or determination relates.
Section 100: substituted, on 1 July 2011, by section 17 of the Telecommunications (TSO, Broadband, and Other Matters) Amendment Act 2011 (2011 No 27).
100A Procedure for determinations For a determination made under this Part, the Commission— (a) is not bound by technicalities, legal forms, or rules of evidence: (b) may inform itself of any matter relevant to the determination in any way it thinks appropriate: (c) must consider all submissions made in relation to the determination and all information and opinions presented or expressed at any conference in relation to the determination.
Section 100A: inserted, on 22 December 2006, by section 50 of the Telecommunications Amendment Act (No 2) 2006 (2006 No 83).
100B Commission must include information about deemed TSO instrument in TSO cost calculation determinations (1) The Commission must include the information specified in subsection (2) in a— (a) (b) draft TSO cost calculation determination under section 94F in relation to a deemed TSO instrument: final TSO cost calculation determination under section 94J in relation to a deemed TSO instrument.
(2) The information referred to in subsection (1) is as follows: (a) (b) the name, location, and limits of each geographical area within which the TSO provider supplies the service under the deemed TSO instru- ment; and the number of subscriber lines for that service in each geographical area; and (c) the number of those subscriber lines for which— (i) (ii) the revenue attributed by the Commission is greater than, or equal to, the respective cost attributed; and the revenue attributed by the Commission is less than the respect- ive cost attributed; and (d) (e) the net cost of the deemed TSO instrument in each geographical area; and any related information that is necessary to assist in understanding the information specified in paragraphs (a) to (d).
The geographical areas referred to in subsection (2) must correspond to the areas that the Commission has identified in assessing, for the purpose of calcu- (3) 120 Reprinted as at 28 May 2015 Telecommunications Act 2001 Part 3 s 100C lating the TSO net cost, the commercial viability of supplying the service to end-users.

Section 100B: inserted, on 22 December 2006, by section 50 of the Telecommunications Amendment Act (No 2) 2006 (2006 No 83).
Section 100B(1)(a): amended, on 1 July 2011, by section 18(1) of the Telecommunications (TSO, Broadband, and Other Matters) Amendment Act 2011 (2011 No 27).

Section 100B(1)(b): amended, on 1 July 2011, by section 18(2) of the Telecommunications (TSO, Broadband, and Other Matters) Amendment Act 2011 (2011 No 27).

Section 100B(3): amended, on 1 July 2011, by section 18(3) of the Telecommunications (TSO, Broadband, and Other Matters) Amendment Act 2011 (2011 No 27).
100BA Commission must include information about spending of TSO charges paid in relation to deemed TSO instrument (1) The Commission must include the information specified in subsection (2) in— (a) (b) a draft TSO cost calculation determination under section 94F, in relation to a deemed TSO instrument; and a final TSO cost calculation determination under section 94J, in relation to a deemed TSO instrument.
(2) The information referred to in subsection (1) is the amount of the total TSO charges most recently received by the TSO provider (if any), that the TSO pro- vider has spent on each of the following, and details of that expenditure: (a) (b) (c) TSO-related infrastructure: TSO-related operational costs: any other items.
(3) For the purpose of enabling the Commission to comply with subsection (1), the Commission may require the TSO provider to prepare and provide information about the spending of the TSO charges most recently received by the TSO pro- vider.

(4) The TSO provider must prepare and provide any information required under subsection (3) in accordance with the Commission’s requirements.
Section 100BA: inserted, on 1 July 2011, by section 19 of the Telecommunications (TSO, Broad- band, and Other Matters) Amendment Act 2011 (2011 No 27).
100C Duties of Commission in complying with sections 100B and 100BA (1) In complying with section 100B, the Commission must ensure that— (a) (b) the information to be included in a draft or final TSO cost calculation determination is at its lowest level of aggregation (as determined by the Commission); and satisfactory provision exists to protect the confidentiality of any infor- mation that— (i) the person who supplied it has advised is confidential; or (ii) may reasonably be regarded as confidential; and 121 Part 3 s 101 Telecommunications Act 2001 Reprinted as at 28 May 2015 (c) the inclusion of that information does not constitute an action that is an interference with the privacy of an individual under section 66 of the Pri- vacy Act 1993.
(2) However, if the Commission considers that compliance with subsection (1)(a) will, or is likely to, prejudice compliance with subsection (1)(b) or (c), the Commission— (a) may aggregate the information before it is included under section 100B; and (b) may do so in any manner that it thinks fit.
(3) In complying with section 100BA, the Commission must ensure that satisfacto- ry provision exists to protect the confidentiality of any information that may reasonably be regarded as confidential or commercially sensitive.

Section 100C: inserted, on 22 December 2006, by section 50 of the Telecommunications Amendment Act (No 2) 2006 (2006 No 83).

Section 100C heading: amended, on 1 July 2011, by section 20(1) of the Telecommunications (TSO, Broadband, and Other Matters) Amendment Act 2011 (2011 No 27).
Section 100C(3): added, on 1 July 2011, by section 20(2) of the Telecommunications (TSO, Broad- band, and Other Matters) Amendment Act 2011 (2011 No 27).
101 Regulations (1) The Governor-General may, by Order in Council made on the recommendation of the Minister, make regulations that— (a) (b) (c) determine the amount of the minimum telecommunications revenue for the purposes of section 80: prescribe the information that must be provided to the Commission under section 83(1)(a): provide for the appointment of auditors who may make an auditor’s re- port under section 83(1)(b) or 94D(1)(b): (d) prescribe requirements to which section 94D(1)(b)(i) applies: (da) prescribe requirements to which section 94EA(2)(b)(i) applies: (e) provide for any methods for all or any of the following: (i) (ii) preparing a draft determination of the amount of qualified revenue referred to in section 85(1)(a): determining the amount of qualified revenue referred to in section 88(a): (iii) calculating the net cost under section 94D: (iiia) calculating the net revenue under section 94EA: (iv) preparing a draft determination of the net cost referred to in sec- tion 94G(a): (v) determining the net cost referred to in section 94K(1)(a).
122 Reprinted as at 28 May 2015 Telecommunications Act 2001 Part 3 s 101A (2) The Minister must not make a recommendation under subsection (1)(b) to (e) unless— (a) (b) the Commission has consulted every liable person; and the Commission has recommended that the regulations be made.
(3) The Minister must not recommend the making of regulations under subsection (1)(a) unless the Minister is satisfied that, if the regulations were made, the minimum telecommunications revenue under those regulations would not ex- ceed the maximum telecommunications revenue threshold.
(4) In this section, maximum telecommunications revenue threshold means the amount calculated in accordance with the following formula: a b × c where— a b c is the CPI index number for the last quarter before the Minister’s recom- mendation would be made is the CPI index number for the last quarter before the date of com- mencement of the Telecommunications (TSO, Broadband, and Other Matters) Amendment Act 2011 is $10 million.
Section 101: substituted, on 1 July 2011, by section 21 of the Telecommunications (TSO, Broadband, and Other Matters) Amendment Act 2011 (2011 No 27).

Section 101(1)(da): inserted, on 30 November 2011 (being the date of separation day, and an Order in Council (SR 2011/302) having been made under section 36), by section 59(1) of the Telecommunica- tions (TSO, Broadband, and Other Matters) Amendment Act 2011 (2011 No 27).
Section 101(1)(e)(iiia): inserted, on 30 November 2011 (being the date of separation day, and an Order in Council (SR 2011/302) having been made under section 36), by section 59(2) of the Tele- communications (TSO, Broadband, and Other Matters) Amendment Act 2011 (2011 No 27).
101A Review of local service TSO arrangements (1) The chief executive of the Ministry must,— (a) at the start of 2013, commence a review of the deemed TSO instruments and the provisions of this Act that implement those deeds (including the provisions that relate to funding) (collectively, the deemed TSO ar- rangements), including consideration of the following: (i) (ii) the operation of the deemed TSO arrangements: changes in the telecommunications sector that have arisen from investments in, and the roll-out of, new and enhanced telecommu- nications infrastructure and facilities and the impact of those changes on the deemed TSO arrangements: (iii) the continued need for, and relevance of, the deemed TSO ar- rangements: 123 Part 3 s 101A Telecommunications Act 2001 Reprinted as at 28 May 2015 (iv) (v) the practicality of adopting universal, rather than provider-specif- ic, arrangements for provision of the services and achievement of the outcomes covered by the deemed TSO arrangements: the impact of the funding arrangements for deemed TSO instru- ments and the calculation of costs in relation to deemed TSO in- struments on TSO providers, market competition, and the devel- opment generally of the telecommunications industry: (vi) alternative arrangements for achieving the purpose set out in sec- tion 70(1), including— (A) (B) the potential for adopting a contestable TSO model for deemed TSO arrangements and the costs and benefits of those alternatives in comparison with the deemed TSO ar- rangements; and alternative approaches for the funding of deemed TSO in- struments and the calculation of costs in relation to deemed TSO instruments, including the costs and benefits of those alternative approaches in comparison with the deemed TSO funding arrangements: (vii) related regulatory issues; and (b) report to the Minister on its findings not later than the end of 2013.
(2) (3) In carrying out the review, the chief executive of the Ministry must consult with interested parties, including the Commission, industry participants, con- sumers, and Māori.
In conducting the review and reporting to the Minister, the chief executive of the Ministry must take the following into account: (a) (b) (c) (d) (e) (f) the long-term interests of end-users of telecommunications services: the long-term interests of those end-users in respect of whom the provi- sion of services covered by the deemed TSO arrangements is commer- cially non-viable: the legitimate business interests of TSO providers: the ability for providers of TSO services to receive a reasonable return on the incremental capital employed in providing the services required under deemed TSO instruments: the impact on the incentives and capabilities of TSO providers and other telecommunications service providers to invest in new and improved tel- ecommunications facilities and services: the effects on competition in telecommunications services markets in New Zealand.
Section 101A: inserted, on 1 July 2011, by section 22 of the Telecommunications (TSO, Broadband, and Other Matters) Amendment Act 2011 (2011 No 27).
124 Reprinted as at 28 May 2015 Telecommunications Act 2001 Part 4 s 102 Part 4 Networks Subpart 1—Network operators and networks generally Declarations of network operator status 102 Persons declared to be network operators (1) The purpose of this section and sections 103 to 105 is to facilitate entry into, and competition in, telecommunications markets and broadcasting markets.
(2) A person may apply to the Minister to be declared a network operator for the purposes of this Act or any provisions of this Act.
(3) For the purposes of this section and sections 103 to 105, any 2 or more bodies corporate must be treated as 1 person if— (a) (b) (c) (d) (e) one of them is a body corporate of which the others are subsidiaries; or all of them are subsidiaries of the same body corporate; or all of them are associates of each other; or one of them owns or controls shares that in the aggregate carry the right to exercise or control the exercise of 20% or more of the voting power at meetings of the others; or a third person owns or controls shares in each of them that carry the right to exercise or control the exercise of 20% or more of the voting power at meetings of each of them.
(4) For the purposes of subsection (3)(c), a body corporate is an associate of anoth- er if that body corporate is able, whether directly or indirectly, to exert a sub- stantial degree of influence over the activities of the other.
(5) A body corporate is not able to exert a substantial degree of influence over an- other body corporate for the purposes of subsection (4) just because— (a) (b) those bodies corporate are in competition in the same market; or one of them supplies goods or services to the other.

Compare: 1987 No 116 ss 2(2), 2A(1) Section 102(1): amended, on 17 May 2005, by section 4 of the Telecommunications Amendment Act 2005 (2005 No 70).
Section 102(3): substituted, on 22 December 2006, by section 52 of the Telecommunications Amend- ment Act (No 2) 2006 (2006 No 83).

Section 102(4): added, on 22 December 2006, by section 52 of the Telecommunications Amendment Act (No 2) 2006 (2006 No 83).

Section 102(5): added, on 22 December 2006, by section 52 of the Telecommunications Amendment Act (No 2) 2006 (2006 No 83).
125 Part 4 s 103 Telecommunications Act 2001 Reprinted as at 28 May 2015 103 Ministerial requirements for declaration The Minister must declare an applicant to be a network operator for the purpo- ses of this Act or any provisions of this Act if the Minister is satisfied that a declaration is necessary to enable the applicant to commence or carry on a business providing— (a) (b) facilities for telecommunication between 10 or more other persons that enable at least 10 of those persons to communicate with each other; or facilities for broadcasting to 500 or more other persons that enable pro- grammes to be transmitted along a line or lines to each of those persons.
Compare: 1987 No 116 s 2A(2) 104 When declaration must be revoked The Minister must revoke a declaration if the Minister is satisfied that a net- work operator has ceased to provide the facilities listed in section 103.

Compare: 1987 No 116 s 2A(4) 105 Declaration made or revoked by notice in Gazette (1) A declaration is made by notice in the Gazette, except that Chorus and Telecom are declared to be network operators by this Act.
(1A) A declaration may be revoked by notice in the Gazette (including the declar- ations relating to Chorus and Telecom).

(2) A notice in the Gazette under this section is a disallowable instrument, but not a legislative instrument, for the purposes of the Legislation Act 2012 and must be presented to the House of Representatives under section 41 of that Act.
Compare: 1987 No 116 s 2A(3), (5) Section 105(1): substituted, on 30 November 2011 (being the date of separation day, and an Order in Council (SR 2011/302) having been made under section 36), by section 63(1) of the Telecommunica- tions (TSO, Broadband, and Other Matters) Amendment Act 2011 (2011 No 27).
Section 105(1A): inserted, on 30 November 2011 (being the date of separation day, and an Order in Council (SR 2011/302) having been made under section 36), by section 63(1) of the Telecommunica- tions (TSO, Broadband, and Other Matters) Amendment Act 2011 (2011 No 27).

Section 105(2): replaced, on 5 August 2013, by section 77(3) of the Legislation Act 2012 (2012 No 119).
Connection to network 106 Operator must agree to connection to network (1) Except as provided in Part 2, a person may only connect equipment to a net- work, or to anything connected to a network, that is owned or operated by an operator who has agreed to the connection.

(2) Nothing in subsection (1) limits the Commerce Act 1986.

Subsection (1) is subject to sections 107 and 108.


In subsection (1) and sections 107 and 108, operator means— (3) (4) 126 Reprinted as at 28 May 2015 (a) (b) Telecommunications Act 2001 Part 4 s 108 a network operator; or any other person who provides a telecommunications service by means of a PTN that is operated by the person.
Compare: 1987 No 116 s 6(1), (2) Section 106(4)(b): amended, on 1 July 2011, by section 26(1) of the Telecommunications (TSO, Broadband, and Other Matters) Amendment Act 2011 (2011 No 27).
107 When operator must not agree to connection to network (1) An operator must not agree to the connection of a telephone analyser to a net- work that is owned or operated by an operator unless the connection is for 1 or more of the following purposes: (a) (b) (c) to enable a person to whom the operator provides telecommunications services to obtain call associated data that relates to telecommunications between the person and other persons: to maintain the network: to detect, investigate, or prosecute any offence against section 112 or section 113.
(2) In subsection (1), telephone analyser and call associated data have the same meanings as in section 2(1) of the Telecommunications (Residual Provisions) Act 1987.
Compare: 1987 No 116 s 6(2A) 108 When operator must not refuse to agree to connection to network (1) An operator must not refuse to agree to the connection of any equipment to a network, or to anything connected to a network, that is owned or operated by the operator if the only reason for the refusal is that the operator considers that the equipment does not conform with the operator’s standards for connection of that equipment.
(2) Subsection (1) applies only if— (a) (b) (c) the network operator has set either a standard that applies, or standards that apply, (applicable standards) to the equipment and its connection to the network; and those applicable standards have been published in accordance with any regulations made under section 109; and a relevant competent conformity assessment body has, in accordance with any regulations made under section 109, determined that the par- ticular equipment complies with those published applicable standards.
(3) In subsection (2) and section 109, relevant competent conformity assessment body means a body that is recognised, in accordance with any procedure set out in any regulations made under section 109, as being responsible for assess- ing, in accordance with those regulations, whether or not particular equipment complies with applicable standards that are published.
127 Part 4 s 109 Telecommunications Act 2001 Reprinted as at 28 May 2015 109 Regulations The Governor-General may, by Order in Council made on the recommendation of the Minister, make regulations for all or any of the following purposes: (a) (b) (c) (d) providing for procedures and requirements relating to the publication of applicable standards under section 108(2)(b): providing for procedures and requirements that relate to recognising a body as a competent conformity assessment body for the purposes of as- sessing compliance with applicable standards under section 108(2)(c): providing for procedures and requirements that relate to assessing com- pliance with applicable standards under section 108(2)(c): providing for any other matters contemplated by section 108, necessary for its administration, or necessary for giving it full effect.
110 Actions for damages for contravention of section 106 (1) Every person is liable for damages who— (a) (b) (c) contravenes section 106: induces by threats, promises, or otherwise, the contravention of that sec- tion: is in any way, directly or indirectly, knowingly concerned in, or party to, the contravention of that section.

(2) An action under subsection (1) may be commenced at any time within 3 years from the time when the cause of action arose.
Compare: 1987 No 116 s 20D 111 (1) Injunctions may be granted by High Court for contravention of section 106 The High Court may, on the application of a network operator, grant an injunc- tion restraining a person from engaging in conduct that constitutes, or would constitute, any of the following: (a) (b) (c) a contravention of, or an attempt to contravene, section 106: inducing, or attempting to induce, any other person, whether by threats, promises, or otherwise, to contravene that section: being in any way, directly or indirectly, knowingly concerned in, or party to, the contravention by any other person of that section.
(2) The High Court may, at any time, rescind or vary an injunction granted under this section.

Compare: 1987 No 116 s 20C Information requirement Heading: inserted, on 22 December 2006, by section 53 of the Telecommunications Amendment Act (No 2) 2006 (2006 No 83).
128 Reprinted as at 28 May 2015 Telecommunications Act 2001 Part 4 s 112 111A Information about interconnection arrangements (1) A major supplier must make publicly available a copy of— (a) (b) the procedures that apply to interconnection with a PTN owned or oper- ated by that supplier; and all the applicable terms and conditions of supply for interconnection with that PTN.
(2) In this section, major supplier— (a) means Telecom; and (b) includes a person who is declared by the Governor-General, by Order in Council made on the recommendation of the Minister, to be a major sup- plier for the purposes of this section.

(3) The Minister must not make a recommendation under subsection (2)(b) unless the Minister is satisfied that the proposed order to which the recommendation relates is necessary to facilitate New Zealand’s compliance with its internation- al obligations.
Section 111A: inserted, on 22 December 2006, by section 53 of the Telecommunications Amendment Act (No 2) 2006 (2006 No 83).

Section 111A(1)(a): amended, on 1 July 2011, by section 26(1) of the Telecommunications (TSO, Broadband, and Other Matters) Amendment Act 2011 (2011 No 27).

Section 111A(1)(b): amended, on 1 July 2011, by section 26(1) of the Telecommunications (TSO, Broadband, and Other Matters) Amendment Act 2011 (2011 No 27).
Misuse of network 112 Misuse of telephone device (1) Every person commits an offence who, in using a telephone device, uses pro- fane, indecent, or obscene language, or makes a suggestion of a profane, inde- cent, or obscene nature, with the intention of offending the recipient.
(2) Every person commits an offence who— (a) uses, or causes or permits to be used, any telephone device for the pur- pose of disturbing, annoying, or irritating any person, whether by calling up without speech or by wantonly or maliciously transmitting communi- cations or sounds, with the intention of offending the recipient; or (b) in using a telecommunications device, knowingly gives any fictitious order, instruction, or message.
(3) Every person who commits an offence against subsection (1) or subsection (2) is liable on conviction to imprisonment for a term not exceeding 3 months or a fine not exceeding $2,000.

Compare: 1987 No 116 s 8 Section 112(3): amended, on 1 July 2013, by section 413 of the Criminal Procedure Act 2011 (2011 No 81).
129 Part 4 s 113 Telecommunications Act 2001 Reprinted as at 28 May 2015 113 (1) Indecent telephone calls for pecuniary gain Every person commits an offence against this Act who, in using a telephone device, uses or causes to be used indecent or obscene language, or makes or causes to be made a suggestion of an indecent or obscene nature, for the pur- pose of obtaining commercial gain.
(2) Every person who commits an offence against subsection (1) is liable, on con- viction,— (a) (b) in the case of an individual, to a fine not exceeding $2,000: in the case of a body corporate, to a fine not exceeding $5,000.

Compare: 1987 No 116 s 8A Section 113(2): amended, on 1 July 2013, by section 413 of the Criminal Procedure Act 2011 (2011 No 81).
114 Interception of telecommunications for authorised purposes [Repealed] Section 114: repealed, on 1 October 2003, by section 35 of the Crimes Amendment Act 2003 (2003 No 39).

115 Offence to use or disclose certain information for unauthorised purposes [Repealed] Section 115: repealed, on 1 October 2003, by section 35 of the Crimes Amendment Act 2003 (2003 No 39).
Evidence 116 Computer records (1) A document certified by an employee of a network operator to be a computer record of a telecommunication and to have been produced in the ordinary course of producing those computer records is prima facie evidence— (a) (b) that the telecommunication was made; and of the originating number, the number called, the date and time of the telecommunication, and the duration and cost of the telecommunication, to the extent that those items are contained in the computer record.
(2) For the purposes of this section, computer record includes a computer print- out or any other document produced by a device by means of which informa- tion is recorded or stored.
Compare: 1987 No 116 s 9(2), (3) 130 Reprinted as at 28 May 2015 Telecommunications Act 2001 Part 4 s 119 Subpart 2—Maintenance of networks Preliminary 117 Meaning of maintenance (1) In this subpart, maintenance includes— (a) (b) any repairs and any other activities for the purpose of maintaining, or that have the effect of maintaining, lines or works; and the carrying out of any replacement or upgrade of lines or works as long as the land will not be injuriously affected as a result of the replacement or upgrade.
(2) Subsection (1) does not have the effect of making an activity of a kind referred to in that subsection a permitted use under a district plan or regional plan under the Resource Management Act 1991 if the activity would not have otherwise been a permitted use.
118 Meaning of evidence of authority In this subpart, evidence of authority, in relation to an officer, employee, or agent of a network operator, means a written authority issued to that officer, employee, or agent by the network operator that states— (a) (b) (c) (d) (e) (f) the full name of the officer, employee, or agent to whom it is issued; and the name of the network operator; and the date on which the written authority is issued; and the date (if any) on which the written authority expires; and particulars of the powers of the network operator that the officer, em- ployee, or agent is authorised to exercise; and particulars of conditions (if any) imposed on the officer, employee, or agent by the network operator.
118A Notices under this subpart (1) Any notice that is required to be given to any person under this subpart must be in writing.

(2) To avoid doubt, subsection (1) does not apply to notices given in any proceed- ings in a court.

Section 118A: inserted, on 1 July 2011, by section 26(2) of the Telecommunications (TSO, Broad- band, and Other Matters) Amendment Act 2011 (2011 No 27).
119 Criteria for setting reasonable conditions (1) In setting, varying, or revoking reasonable conditions under section 135(2) or section 142(2)(b), the local authority or other person who has jurisdiction over the road concerned may consider all or any of the following matters: 131 Part 4 s 120 Telecommunications Act 2001 Reprinted as at 28 May 2015 (a) (b) (c) (d) (e) (f) (g) (h) the safe and efficient flow of traffic (whether pedestrian or vehicular): the health and safety of any person who is, or class of persons who are, likely to be directly affected by the work on the road: the need to lessen the damage that is likely to be caused to property (in- cluding structural integrity of the roads) as a result of work on the road: the compensation that may be payable under section 154 for property that is likely to be damaged as a result of work on the road: the need to lessen disruption to the local community (including business- es): the co-ordination of installation of other networks: the co-ordination with road construction work by the local authority or other person who has jurisdiction over that road: the need of a network operator to establish a telecommunications net- work in a timely manner.
(2) Nothing in subsection (1) limits a local authority’s or other person’s ability to impose reasonable conditions under section 135(2) or section 142(2)(b).
(3) However, a condition requiring a network operator to increase amenity values (rather than to merely maintain them) must not be imposed unless the work to be done is in an area identified in a district plan as an area in relation to which, under the district plan, there are particular considerations, or rules or require- ments, relating to amenity values.
(4) If the cost to the network operator of complying with a condition referred to in subsection (3) is higher than it would have been if there were not a requirement to increase amenity values, then the person imposing the condition must pay that increase in cost.

Section 119(3): added, on 6 August 2010, by section 5 of the Infrastructure (Amendments Relating to Utilities Access) Act 2010 (2010 No 99).
Section 119(4): added, on 6 August 2010, by section 5 of the Infrastructure (Amendments Relating to Utilities Access) Act 2010 (2010 No 99).

Rights of entry to land in respect of lines 120 Application to District Court If a network operator wishes to enter land for the purpose of constructing, erecting, laying, or maintaining any line, the network operator may apply to a District Court for an order under section 121.
The network operator must give the owner and the occupier of the land at least 10 working days’ notice of the operator’s intention to apply to the District Court under subsection (1).
Compare: 1987 No 116 s 11(1) (1) (2) 132 Reprinted as at 28 May 2015 121 Court order Telecommunications Act 2001 Part 4 s 124 (1) If the District Court is satisfied that the requirements set out in subsection (2) have been met, it may make an order authorising the network operator to— (a) (b) enter the land at reasonable times, with or without any person who is, or anything that is, reasonably necessary for the construction, erection, lay- ing, or maintenance of a line: perform work that is reasonably necessary to construct, erect, lay, or maintain a line.
(2) The requirements that must be met are as follows: (a) (b) (c) the construction, erection, laying, or maintenance of the line is necessary for the purposes of telecommunications: the network operator has taken all reasonable steps to negotiate an agree- ment for entry: in relation to the construction, erection, or laying of a line, no practical alternative route exists.
Compare: 1987 No 116 s 11(2) 122 Contents of court order Every order made under section 121 must specify— (a) (b) (c) how and when entry may be made; and the specific powers intended to be exercised; and any other conditions (including conditions relating to the payment of compensation) that the District Court thinks fit to impose.
Compare: 1987 No 116 s 11(3) 123 Service of order Before exercising any powers authorised by an order made under section 121, the network operator must serve the order on the owner and the occupier of the land to which the order relates.
Compare: 1987 No 116 s 11(4) 124 Production of order Every officer, employee, or agent of a network operator acting under an order made under section 121 must produce evidence of his or her authority and identity— (a) (b) on initial entry; and after the initial entry, on request.
Compare: 1987 No 116 s 11(5) 133 Part 4 s 125 Telecommunications Act 2001 Reprinted as at 28 May 2015 Rights of entry to land in respect of existing works and existing lines 125 Rights of entry to land Subject to section 126, a network operator may— (a) (b) enter land for the purpose of gaining access to any existing works or existing lines owned by the operator; and perform any act or operation necessary for the purpose of inspecting, maintaining, or repairing those works or lines.
Compare: 1987 No 116 s 12(1) 126 Conditions of entry to land (1) The power to enter land conferred by section 125 is subject to the following conditions: (a) (b) (c) (d) entry to the land must only be made by an officer, employee, or agent of the network operator authorised by it in writing: reasonable notice of the intention to enter must be given to the owner and to the occupier of the land: entry must be made at reasonable times: the person entering must produce evidence of his or her authority and identity— (i) (ii) on initial entry; and after the initial entry, on request.
(2) The conditions in subsection (1) do not apply if entry on the land is— (a) (b) necessary in circumstances of probable danger to life or property; or immediately necessary to maintain the continuity or safety of the supply of telecommunications.

(3) If subsection (2) applies, the network operator must, as soon as practicable after entry on the land, give notice to the owner and to the occupier of the land of the fact of the entry on the land and of what was done.
Compare: 1987 No 116 s 12(3) 127 Evidentiary presumption A certificate under the seal of a network operator containing a statement that a specified instrument, machinery, engine, structure, or other work was erected or constructed before 1 January 1988 under the authority of the Post Office Act 1959 (or any Act repealed by that Act), or that a line was constructed before 1 April 1989 under the authority of this Act, is admissible in evidence in any proceedings and, in the absence of proof to the contrary, constitutes proof of that statement.
Compare: 1987 No 116 s 12(2) 134 Reprinted as at 28 May 2015 Telecommunications Act 2001 Part 4 s 132 Interference with lines 128 Request for removal or trimming of trees If a tree, shrub, or plant on any land or road interferes with, or is likely to inter- fere with, a line, the network operator who uses the line may request the owner or occupier of the land, or local authority or other person who has control of the road, to remove or trim the tree, shrub, or plant.
Compare: 1987 No 116 s 13(1) 129 Application to District Court (1) (2) If an owner, occupier, a local authority, or other person fails to comply with a request made under section 128, the network operator who uses the line may apply to the District Court for an order authorising the network operator to re- move or trim the tree, shrub, or plant in respect of which the request was made.
The network operator must give the owner, occupier, local authority, or other person who fails to comply with the request at least 10 working days’ notice of the operator’s intention to apply to the District Court under subsection (1).
Compare: 1987 No 116 s 13(2) 130 Court order On being satisfied that a tree, shrub, or plant on land interferes with, or is likely to interfere with, a line, the District Court may make an order on any terms and conditions (including those relating to notice and time of removal or trimming) that the court thinks fit.
Compare: 1987 No 116 s 13(2) 131 Costs of removal or trimming of trees If a network operator removes or trims a tree, shrub, or plant on any land or road under the authority of an order made under section 130, the owner, occu- pier, local authority, or other person to whom notice of the application under section 129(2) was given is liable for the reasonable cost of the work of the network operator.
Compare: 1987 No 116 s 13(3) 132 Removal of trees, etc, in emergency (1) If a tree, shrub, or plant on any land or road is, or is likely to, cause imminent danger to, or serious interference with, a line, the network operator may— (a) (b) enter the land or road where the tree, shrub, or plant is rooted or over- hangs; and do work in respect of the tree, shrub, or plant that is necessary to remove the danger or serious interference, or likely danger or serious interfer- ence.
135 Part 4 s 133 Telecommunications Act 2001 Reprinted as at 28 May 2015 (2) The network operator must, if it is possible in the circumstances, notify the oc- cupier of the land, or the local authority or other person who has control of the road, as the case may be, of the operator’s intention to enter the land or road and carry out work under subsection (1).
(3) A network operator who is unable to give notice to the relevant persons under subsection (2) must, as soon as practicable after entry on the land, give notice to the relevant persons of the fact of the entry on the land and of what was done.
Compare: 1987 No 116 s 14(1) 133 Production of authority Every officer, employee, or agent of a network operator who enters land or a road under section 132 must— (a) carry evidence of his or her authority and identity, which must be pro- duced on request; or (b) work under the immediate control of a person who holds evidence of that person’s authority and identity, which must be produced if reques- ted.
Compare: 1987 No 116 s 14(2) 134 Costs of removal of trees, etc, in emergency If a network operator removes or trims a tree, shrub, or plant on any land or road under section 132, the occupier of the land, or the local authority or other person who has control of the road, as the case may be, is liable for the reason- able cost of the work of the network operator.
Compare: 1987 No 116 s 14(3) Lines or wireless works on roads Heading: amended, on 1 July 2011, by section 26(3) of the Telecommunications (TSO, Broadband, and Other Matters) Amendment Act 2011 (2011 No 27).
135 Construction or repair of lines or wireless works on roads (1) Except as provided in subsection (2), a network operator may— (a) (b) (c) construct, place, and maintain lines or wireless works in, on, along, over, across, or under any road; and for any of those purposes, open or break up any road, and alter the pos- ition of any pipe (not being a main) for the supply of water or gas; and alter, repair, or remove those lines or wireless works or any part of those lines or wireless works.
136 Reprinted as at 28 May 2015 Telecommunications Act 2001 Part 4 s 138 (2) A network operator must exercise the powers contained in subsection (1) in ac- cordance with any reasonable conditions that the local authority or other person who has jurisdiction over that road requires.

Compare: 1987 No 116 s 15 Section 135 heading: amended, on 1 July 2011, by section 26(3) of the Telecommunications (TSO, Broadband, and Other Matters) Amendment Act 2011 (2011 No 27).
Section 135(1)(a): amended, on 1 July 2011, by section 26(3) of the Telecommunications (TSO, Broadband, and Other Matters) Amendment Act 2011 (2011 No 27).

Section 135(1)(c): amended, on 1 July 2011, by section 26(3) of the Telecommunications (TSO, Broadband, and Other Matters) Amendment Act 2011 (2011 No 27).
136 Notice requirement (1) Except as provided in section 139, before a network operator proceeds to open or break up any road, the network operator must give notice of the intention to carry out the work to— (a) (b) the local authority or other person who has jurisdiction over the road; and any utility operator (as defined in section 4 of the Utilities Access Act 2010) whose pipes, lines, or other structures will or are likely to be affected by the work.
(2) Every notice must specify the location of the proposed work, the nature of the work to be carried out, and the reasons for it.

Compare: 1987 No 116 s 15A(1), (2) Section 136(1): substituted, on 6 August 2010, by section 6 of the Infrastructure (Amendments Relat- ing to Utilities Access) Act 2010 (2010 No 99).
137 Network operator to be notified of conditions Not later than 15 working days after the receipt of the written notice of the in- tention to carry out work, the local authority or other person who has jurisdic- tion over the road must notify the network operator in writing of any conditions imposed under section 135(2).

Compare: 1987 No 116 s 15A(3) Section 137: amended, on 6 August 2010, by section 7 of the Infrastructure (Amendments Relating to Utilities Access) Act 2010 (2010 No 99).
138 Failure to notify conditions If a local authority or other person who has jurisdiction over the road fails to notify the network operator of the conditions imposed under section 135(2) within the 15-working day period referred to in section 137, those conditions may not be imposed, and the network operator may commence work.

Compare: 1987 No 116 s 15A(4) Section 138: amended, on 6 August 2010, by section 8 of the Infrastructure (Amendments Relating to Utilities Access) Act 2010 (2010 No 99).
137 Part 4 s 139 Telecommunications Act 2001 Reprinted as at 28 May 2015 139 Urgency If work is urgent and necessary because of any defective equipment, or other emergency, the network operator— (a) is excused from complying with the requirements of section 136(1) be- fore commencing the work; but (b) must give the information required by section 136(2) as soon as practic- able after commencing the work.
Compare: 1987 No 116 s 15A(5) 140 Offence to not comply with any of sections 135, 136, and 139 (1) A network operator who fails to comply with any of sections 135, 136, and 139 commits an offence.

(2) A network operator who commits an offence against subsection (1) is liable on conviction to a fine not exceeding $10,000.

(3) In addition to any fine imposed under subsection (2), a court may make any order relating to compensation that it thinks fit.
Compare: 1987 No 116 s 15B Section 140(2): amended, on 1 July 2013, by section 413 of the Criminal Procedure Act 2011 (2011 No 81).

141 Appeals by network operators to District Court (1) A network operator may appeal to a District Court against all or any of the con- ditions imposed under section 135(2) by the local authority or other person who has jurisdiction over the road.
(2) An appeal must be made not later than 45 working days after the date of notifi- cation of the conditions imposed or within any further time that the District Court may allow.

(3) (4) In its determination of any appeal, a District Court may confirm, modify, or cancel any or all of the conditions imposed.

The decision of a District Court in the determination of an appeal under this section is final.
Compare: 1987 No 116 ss 15C, 15D Telephone cabinets, etc, on roads 142 Construction, etc, of telephone cabinets or other similar appliances (1) Subject to subsection (2), a network operator may construct, place, and main- tain public telephone cabinets, distribution cabinets, or any other similar appli- ances on a road.
(2) A network operator must— (a) give notice of its intention to place a cabinet or other appliance on the road to— 138 Reprinted as at 28 May 2015 Telecommunications Act 2001 Part 4 s 145 (i) (ii) the local authority or other person who has jurisdiction over the road; and any utility operator (as defined in section 4 of the Utilities Access Act 2010) whose pipes, lines, or other structures will or are likely to be affected by the work; and (b) (c) comply with any reasonable conditions that are imposed by the local au- thority or other person who has jurisdiction over that road on which the cabinet or appliance is to be placed; and not intentionally place the cabinet or appliance on the road so that it interferes with the ordinary traffic.
(3) Every notice under subsection (2)(a) must specify where the cabinet or appli- ance is to be placed on the road and the reasons for it.

Section 142(2)(a): substituted, on 6 August 2010, by section 9 of the Infrastructure (Amendments Re- lating to Utilities Access) Act 2010 (2010 No 99).
143 Network operator to be notified of conditions Not later than 15 working days after the receipt of the written notice of the net- work operator’s intention to place a cabinet or appliance on a road under sec- tion 142, the local authority or other person who has jurisdiction over that road must notify the network operator in writing of any conditions imposed under section 142(2)(b).
Section 143: amended, on 6 August 2010, by section 10 of the Infrastructure (Amendments Relating to Utilities Access) Act 2010 (2010 No 99).

144 Failure to notify conditions If a local authority or other person who has jurisdiction over a road fails to no- tify the network operator of the conditions imposed under section 142(2)(b) within the 15-working day period referred to in section 143, those conditions may not be imposed and the network operator may commence work.
Section 144: amended, on 6 August 2010, by section 11 of the Infrastructure (Amendments Relating to Utilities Access) Act 2010 (2010 No 99).
145 Urgency If the telephone cabinet or appliance must be placed on a road urgently and it is necessary because of any defective equipment or other emergency, the network operator— (a) is excused from complying with the requirements of section 142(3) be- fore commencing the work; but (b) must give the information required by section 142(3) as soon as practic- able after placing the telephone cabinet or appliance on that road.
139 Part 4 s 146 Telecommunications Act 2001 Reprinted as at 28 May 2015 146 Offence not to comply with section 142 or section 145 (1) A network operator who fails to comply with section 142 or section 145 com- mits an offence.

(2) A network operator who commits an offence against subsection (1) is liable on conviction to a fine not exceeding $10,000.

(3) In addition to any fine imposed under subsection (2), a court may make any order relating to compensation that it thinks fit.
Section 146(2): amended, on 1 July 2013, by section 413 of the Criminal Procedure Act 2011 (2011 No 81).

147 Appeals by network operators to District Court (1) A network operator may appeal to a District Court against all or any of the con- ditions imposed under section 142(2)(b) by the local authority or other person who has jurisdiction over the road.
(2) An appeal must be made not later than 45 working days after the date of notifi- cation of the conditions imposed or within any further time that the District Court may allow.

(3) (4) In its determination of any appeal, a District Court may confirm, modify, or cancel any or all of the conditions imposed.

The decision of a District Court in the determination of an appeal under this section is final.
Local authority, etc, requiring work to be done Heading: inserted, on 6 August 2010, by section 12 of the Infrastructure (Amendments Relating to Utilities Access) Act 2010 (2010 No 99).
147A Local authority, etc, may require lines, etc, to be moved (1) Where a network operator owns lines, cabinets, wireless works, or other similar appliances that are on a road, the local authority or other person having juris- diction over the road may, by notice in writing, require the network operator to raise, lower, or otherwise alter the position of the lines, cabinets, wireless works, or other similar appliances.
If the network operator refuses or fails, within a reasonable period, to do the work required, the person requiring the work may do the work or have it done by some other person.

Before doing work as permitted by subsection (2), the person requiring the work must give notice to the network operator at least 15 working days before the work commences.
Compare: 1992 No 122 s 32; 1992 No 124 s 33 Section 147A: inserted, on 6 August 2010, by section 12 of the Infrastructure (Amendments Relating to Utilities Access) Act 2010 (2010 No 99).

Section 147A(1): amended, on 1 July 2011, by section 26(3) of the Telecommunications (TSO, Broadband, and Other Matters) Amendment Act 2011 (2011 No 27).
(2) (3) 140 Reprinted as at 28 May 2015 Telecommunications Act 2001 Part 4 s 147B 147B Cost of work required under section 147A (1) The reasonable cost of all work required to be done under section 147A must be paid by the person that requires the work to be done.
(2) However, the cost of the work must be paid by the network operator if the rea- son that the work is required is that the lines, cabinets, wireless works, or other appliances— (a) were constructed contrary to any of the following: (i) (ii) (iii) (iv) (v) (vi) this Act or any regulations made under section 157: the Telecommunications (Residual Provisions) Act 1987: the Local Government Act 1974 or the Local Government Act 2002, and any predecessor of those Acts: the Public Works Act 1981: any local or private Act: any regulations made under any of the enactments referred to in subparagraphs (ii) to (v); or (b) are in a dangerous or unsafe condition.
(3) A person that requires work to be done under section 147A may not claim for betterment in respect of that work, and no claim for betterment may be made against the person.
(4) The following provisions apply if the person requiring the work is the New Zealand Transport Agency or the agent of the Minister of Transport: (a) (b) (c) the cost of all lines, cabinets, wireless works, other appliances, and asso- ciated equipment that are used in carrying out the required work (other than things used only during the course of construction) must be paid by the network operator: if, as a consequence of the requirement, the network operator elects to fix or install any lines, cabinets, wireless works, or other appliances over, under, or through any roading structure (being a bridge, underpass, overpass, culvert, or tunnel) that is being, or is to be, constructed or al- tered, and if the cost of constructing or altering the roading structure is thereby increased, then the network operator must pay the increase in cost: if, as a consequence of the requirement, the network operator relocates the lines, cabinets, wireless works, or other similar appliances and recon- structs them to specifications different from those of the original lines, cabinets, wireless works, or other appliances, then, if the costs described in paragraph (d)(i) are less than the costs described in paragraph (d)(ii), the network operator is liable to pay the difference: (d) the costs referred to in paragraph (c) are— 141 Part 4 s 147C Telecommunications Act 2001 Reprinted as at 28 May 2015 (i) what it would have cost to relocate and reconstruct the lines, cab- inets, wireless works, or other similar appliances as near as reasonably practicable to their original specifications (excluding any costs to which paragraph (a) applies), taking into account— (A) (B) any restrictions or conditions imposed by or under any en- actment in relation to the relocation and reconstruction; and the location of the original works and the alternatives reasonably available to the network operator: (ii) the actual cost of the relocation and reconstruction (excluding any costs to which paragraph (a) applies).
(5) Subsections (1) to (4) apply subject to any agreement between the person re- quiring the work and the network operator.

(6) The amount of payment required under this section must be determined— (a) (b) by agreement between the person liable for the payment and the person to whom it is payable; or failing such agreement, by arbitration under the Arbitration Act 1996, with 1 arbitrator to be appointed by each party and an umpire to be ap- pointed by those arbitrators before entering upon their reference.
Compare: 1992 No 122 s 33; 1992 No 124 s 34 Section 147B: inserted, on 6 August 2010, by section 12 of the Infrastructure (Amendments Relating to Utilities Access) Act 2010 (2010 No 99).

Section 147B(2): amended, on 1 July 2011, by section 26(3) of the Telecommunications (TSO, Broadband, and Other Matters) Amendment Act 2011 (2011 No 27).

Section 147B(4)(a): amended, on 1 July 2011, by section 26(3) of the Telecommunications (TSO, Broadband, and Other Matters) Amendment Act 2011 (2011 No 27).
Section 147B(4)(b): amended, on 1 July 2011, by section 26(3) of the Telecommunications (TSO, Broadband, and Other Matters) Amendment Act 2011 (2011 No 27).

Section 147B(4)(c): amended, on 1 July 2011, by section 26(3) of the Telecommunications (TSO, Broadband, and Other Matters) Amendment Act 2011 (2011 No 27).

Section 147B(4)(d)(i): amended, on 1 July 2011, by section 26(3) of the Telecommunications (TSO, Broadband, and Other Matters) Amendment Act 2011 (2011 No 27).
147C Relationship with section 54 of Government Roading Powers Act 1989 Sections 147A and 147B apply despite anything to the contrary in section 54 of the Government Roading Powers Act 1989.

Compare: 1992 No 122 s 34; 1992 No 124 s 35 Section 147C: inserted, on 6 August 2010, by section 12 of the Infrastructure (Amendments Relating to Utilities Access) Act 2010 (2010 No 99).
142 Reprinted as at 28 May 2015 Telecommunications Act 2001 Part 4 s 152 Miscellaneous 148 Alteration to line or wireless works on road requested by owner (1) If an owner of land or some other person requires a line, wireless works, or other works on a road to be altered so that the owner or other person has access to, or reasonable use of, the land, the network operator may require the person who makes the request to pay the cost of the alteration.
(2) A network operator is not entitled to be paid the cost of any improvement to a line that is, or wireless works or other works that are, required to be altered by an owner of land or some other person under subsection (1).

Compare: 1987 No 116 s 16 Section 148 heading: amended, on 1 July 2011, by section 26(3) of the Telecommunications (TSO, Broadband, and Other Matters) Amendment Act 2011 (2011 No 27).
Section 148(1): amended, on 1 July 2011, by section 26(3) of the Telecommunications (TSO, Broad- band, and Other Matters) Amendment Act 2011 (2011 No 27).

Section 148(2): amended, on 1 July 2011, by section 26(3) of the Telecommunications (TSO, Broad- band, and Other Matters) Amendment Act 2011 (2011 No 27).

149 Lines must not interfere with public traffic (1) A network operator must not intentionally place the wires of a line so that they interfere with the lawful traffic on a road.
(2) However, wires of a line do not interfere with the lawful traffic on the road if the wires are placed at a height of 5.5 metres or more above the surface of the road where the wires cross a public road, or at a height of 4.25 metres or more elsewhere.

Compare: 1987 No 116 s 17(1) 150 Lines over navigable waters A network operator must not intentionally place a line so that it interferes with the navigation of navigable waters.
Compare: 1987 No 116 s 17(2) 151 Network operator must avoid interference with traffic A network operator, in maintaining, repairing, altering, or removing a line that crosses or is along a road, or that is over or under navigable waters, must not cause unnecessary or avoidable interference to the traffic on, or to the lawful use of, any road or navigable waters.
Compare: 1987 No 116 s 17(3) 152 Offence to contravene any of sections 149 to 151 (1) A network operator who contravenes any of sections 149 to 151 commits an offence.

(2) A network operator who commits an offence against subsection (1) is liable on conviction to a fine not exceeding $10,000.

143 Part 4 s 153 Telecommunications Act 2001 Reprinted as at 28 May 2015 (3) In addition to any fine imposed under subsection (2), a court may make any order relating to compensation that it thinks fit.
Section 152(2): amended, on 1 July 2013, by section 413 of the Criminal Procedure Act 2011 (2011 No 81).

153 Charging for access to road reserve (1) Despite anything in this Act or in any other enactment, no local authority or other person who has jurisdiction over any road may require the payment, by or on behalf of a network operator, of any amount of or in the nature of rent in respect of any line, wireless works, or other works constructed in, on, along, over, across, or under that road.
(2) Nothing in subsection (1) applies in respect of any rate or charge levied under the Rating Powers Act 1988.

Section 153(1): amended, on 1 July 2011, by section 26(3) of the Telecommunications (TSO, Broad- band, and Other Matters) Amendment Act 2011 (2011 No 27).

154 Compensation (1) (2) Every person whose property is damaged as a result of the exercise of any of the powers under this subpart is entitled to compensation.
The amount of the compensation may be agreed between the network operator and the person concerned or, failing agreement, be determined in the manner provided for by the Public Works Act 1981.
Compare: 1987 No 116 s 19 155 Protection of existing works (1) Any existing works or existing lines owned by a network operator that are fixed to, or installed over or under, land that is not owned by the network oper- ator are deemed to be lawfully fixed or installed, and continue to be lawfully fixed or installed, until the network operator otherwise decides.

(2) No person other than the network operator has an interest in any of those works or lines by reason only of having an interest in the land.
Compare: 1987 No 116 s 20 Subpart 3—Access to multi-unit complexes to which fibre-to-the- premises is to be deployed Subpart 3: added, on 1 July 2011, by section 23 of the Telecommunications (TSO, Broadband, and Other Matters) Amendment Act 2011 (2011 No 27).

155A Overview (1) This subpart provides a statutory right of access to multi-unit complexes that fibre-to-the-premises service providers may use if an access agreement is not negotiated.
(2) This subpart does not limit the statutory rights of access in sections 120 to 127.

144 Reprinted as at 28 May 2015 Telecommunications Act 2001 Part 4 s 155B Section 155A: inserted, on 1 July 2011, by section 23 of the Telecommunications (TSO, Broadband, and Other Matters) Amendment Act 2011 (2011 No 27).
155B Interpretation In this subpart, unless the context otherwise requires,— access order means an order of the District Court referred to in section 155I Code means the Code that has been approved under section 155K, and in- cludes any amendment to the Code that is approved under that section consumer, in relation to a consumer complaints system, includes an owner or occupier consumer complaints system, in relation to an FTTP service provider, means either of the following: (a) an industry-based complaints system that has been established by the tel- ecommunications industry and that has been approved by the Minister for the purposes of resolution of complaints under this subpart and the Code; or (b) a consumer complaints system facilitated by Part 4B fibre-to-the-premises access network has the same meaning as in section 156AB FTTP service provider means the owner or operator of a fibre-to-the-premises access network maintenance has the same meaning as in section 117 multi-unit complex means— (a) (b) a building that contains 2 or more distinct units (including the land on which the building is sited); or a group of buildings that are used communally (including the land on which those buildings are sited) owner, in relation to any part of a multi-unit complex, means any 1 or more of the following: (a) (b) (c) a person who has a freehold or a leasehold interest in that part of the complex: any body corporate under the Unit Titles Act 2010 or the registered pro- prietor of the complex to which the unit plan relates: any other person who has a legal right to grant access to the building or to approve the performance of work in the building preliminary notice means a notice that complies with section 155F second notice means a notice that complies with section 155H.
Section 155B: inserted, on 1 July 2011, by section 23 of the Telecommunications (TSO, Broadband, and Other Matters) Amendment Act 2011 (2011 No 27).

145 Part 4 s 155C Telecommunications Act 2001 Reprinted as at 28 May 2015 Section 155B owner paragraph (b): amended, on 5 December 2013, by section 6 of the Telecommu- nications Amendment Act 2013 (2013 No 136).
Statutory right of access to multi-unit complexes Heading: inserted, on 1 July 2011, by section 23 of the Telecommunications (TSO, Broadband, and Other Matters) Amendment Act 2011 (2011 No 27).
155C Nature of statutory right of access to multi-unit complexes (1) The right of access conferred by this subpart is that an FTTP service provider may, for the purpose of constructing, erecting, laying, maintaining, or upgrad- ing all or any part of a fibre-to-the-premises access network,— (a) (b) enter a multi-unit complex at reasonable times, with or without any per- son who is, or any thing that is, reasonably necessary; and perform work that is reasonably necessary for the purpose of construct- ing, erecting, laying, maintaining, or upgrading all or any part of a fibre- to-the-premises access network.
(2) This right of access applies only— (a) if the service provider has complied with sections 155D to 155I in re- spect of each part of the multi-unit complex accessed under this subpart; and (b) to authorise the matters referred to in subsection (1).

Section 155C: inserted, on 1 July 2011, by section 23 of the Telecommunications (TSO, Broadband, and Other Matters) Amendment Act 2011 (2011 No 27).
155D Preconditions before statutory right of access to multi-unit complexes may be exercised Before an FTTP service provider enters, or performs work in, any part of a multi-unit complex under this subpart, the service provider must first— (a) (b) (c) (d) (e) (f) have agreed to be bound by the Code; and have taken all reasonable steps to negotiate an agreement for entry with the owner in accordance with the Code; and have served a preliminary notice on each owner of that part of the multi- unit complex in accordance with section 155F; and have served a second notice in accordance with section 155H on each owner of that part of the multi-unit complex who has not opted out in accordance with section 155G; and have obtained an access order from the District Court under section 155I in respect of each owner of that part of the multi-unit complex who has opted out in accordance with section 155G; and be a member of a consumer complaints system that provides for the resolution of complaints about compliance with this subpart and the Code.
146 Reprinted as at 28 May 2015 Telecommunications Act 2001 Part 4 s 155F Section 155D: inserted, on 1 July 2011, by section 23 of the Telecommunications (TSO, Broadband, and Other Matters) Amendment Act 2011 (2011 No 27).

155E How statutory right of access to multi-unit complex must be exercised (1) (2) (3) (4) The entry to a multi-unit complex under section 155C must only be made by an officer, employee, or agent (including a contractor) of the FTTP service pro- vider authorised by it in writing.
The person entering must produce evidence of his or her authority and iden- tity— (a) (b) on initial entry; and after the initial entry, on request.

Subsections (1) and (2) are subject to the terms and conditions of any access order from the District Court under section 155I.

In this section, evidence of authority has the same meaning as in section 118, with any necessary modifications.
Section 155E: inserted, on 1 July 2011, by section 23 of the Telecommunications (TSO, Broadband, and Other Matters) Amendment Act 2011 (2011 No 27).

Heading: inserted, on 1 July 2011, by section 23 of the Telecommunications (TSO, Broadband, and Other Matters) Amendment Act 2011 (2011 No 27).
Process 155F Requirements in respect of preliminary notice (1) A preliminary notice must— (a) (b) (c) contain the matters specified in subsection (2); and comply with the Code; and be served on each person who is known by the service provider to be a current owner; and (d) be left in a prominent place on the land.
(2) The matters that must be included in the first notice are— (a) an explanation of the infrastructure the service provider is seeking to de- ploy, maintain, or upgrade, and the benefits of that work: (b) what the initial investigation would entail, including initial indications of the areas the service provider may want to access during the investiga- tion, if known: (c) (d) the date and time of the intended investigation: an explanation that if the service provider does not hear from the owner within 20 working days (or any longer period agreed between the service provider and the owner), the owner will be deemed to have consented in principle to the investigation: 147 Part 4 s 155G Telecommunications Act 2001 Reprinted as at 28 May 2015 (e) (f) (g) (h) (i) an explanation that the owner can opt out of the access regime, and de- tails as to reasonable grounds for opting out and the process for doing so: the contact details of the service provider to be used by the owner if the owner wishes to opt out or to negotiate an alternative time or date for the investigation: an explanation that, if the owner opts out on unreasonable grounds, the service provider may apply to the District Court for an access order: an assurance that the service provider has agreed to be bound by the Code and will, when entering the building, comply with the require- ments in the Code, and an Internet link to the Code: an explanation that, if the owner or occupier believes that the service provider has breached the Code, the owner or occupier may complain to a consumer complaints system: (j) an explanation of the process of making a complaint.
Section 155F: inserted, on 1 July 2011, by section 23 of the Telecommunications (TSO, Broadband, and Other Matters) Amendment Act 2011 (2011 No 27).
155G Opting out of providing access under subpart (1) An owner may opt out of the access regime in this subpart by— (a) serving an opt-out notice on the service provider within 20 working days of receiving a preliminary notice or a second notice (or any longer period agreed between the service provider and the owner); or (b) denying access to a service provider.

(2) An opt-out notice must be in writing and sent to the contact address given by the service provider.
(3) The service provider has no right of access under this subpart after an opt-out happens unless the service provider obtains an access order granted by the Dis- trict Court.

Section 155G: inserted, on 1 July 2011, by section 23 of the Telecommunications (TSO, Broadband, and Other Matters) Amendment Act 2011 (2011 No 27).
155H Requirements in respect of second notice (1) A second notice must— (a) (b) (c) contain the matters specified in subsection (2); and comply with the Code; and be served on each person who is known by the service provider to be a current owner, and left in a prominent place on the land,— (i) no earlier than 10 working days after the earlier of— 148 Reprinted as at 28 May 2015 Telecommunications Act 2001 Part 4 s 155I (A) (B) the expiration of the 20-working-day period referred to in section 155F(2)(d) (or any longer period agreed between the service provider and the owner); or the date of notification by the owner that the owner con- sents to the work as proposed in the preliminary notice; and (ii) no later than 21 working days before the time proposed in the no- tice for the start of the work.
(2) The second notice must give the owner all the key information relating to the proposed work, including— (a) an explanation of the exact details of the proposed work, including— (i) (ii) (iii) the areas in which it will occur; and the nature of the work, including whether it will require structural work; and the nature of any fixed infrastructure that will be installed in the process: details of the proposed timing of the work and the length of time it is intended to take: an explanation of ongoing access requirements for repairs and mainten- ance: details of any costs to the owner associated with the work: an explanation that the owner can opt out, and details as to reasonable grounds for opting out and the process for doing so: the contact details of the service provider to be used if the owner wishes to opt out or negotiate an alternative time or date for the work: an explanation that, if the owner opts out on unreasonable grounds, the service provider may apply to the District Court for an access order: an assurance that the service provider has agreed to be bound by the Code and will, when entering the building, comply with the require- ments in the Code, and an Internet link to the Code: an explanation that, if the owner or occupier believes that the service provider has breached the Code, the owner or occupier may complain to a consumer complaints system: (b) (c) (d) (e) (f) (g) (h) (i) (j) an explanation of the process of making a complaint.
Section 155H: inserted, on 1 July 2011, by section 23 of the Telecommunications (TSO, Broadband, and Other Matters) Amendment Act 2011 (2011 No 27).
155I Access orders from District Court (1) If an owner has opted out, the service provider may apply to the District Court for an access order that authorises the service provider, for the purpose of con- 149 Part 4 s 155J Telecommunications Act 2001 Reprinted as at 28 May 2015 structing, erecting, laying, maintaining, or upgrading all or any part of a fibre- to-the-premises access network, to— (a) (b) enter a multi-unit complex at reasonable times, with or without any per- son who is, or any thing that is, reasonably necessary; and perform work that is reasonably necessary for the purpose of construct- ing, erecting, laying, maintaining, or upgrading all or any part of a fibre- to-the-premises access network.
(2) (3) The District Court may grant an access order only if the court is satisfied that the owner has unreasonably opted out.

The District Court must, in making that decision, consider whether the service provider has taken reasonable steps to negotiate an agreement for entry with the owner before applying to the court.

(4) An access order may be made on any terms and conditions that the District Court thinks fit.

(5) Sections 120(2), and 122 to 124 apply with necessary modifications.
Section 155I: inserted, on 1 July 2011, by section 23 of the Telecommunications (TSO, Broadband, and Other Matters) Amendment Act 2011 (2011 No 27).

Code Heading: inserted, on 1 July 2011, by section 23 of the Telecommunications (TSO, Broadband, and Other Matters) Amendment Act 2011 (2011 No 27).

155J Preparation of Code (1) The Minister must prepare a Code relating to access to multi-unit complexes by FTTP service providers under this subpart or by agreement.
(2) The minimum matters that must be included in the Code are— (a) (b) (c) (d) guidance on reasonable processes and time frames for negotiating access with owners; and guidance as to cost sharing between service providers and owners, and processes for agreeing final cost splits; and guidance as to reasonable grounds for opting out; and guidance as to ongoing costs and reasonable conditions of ongoing ac- cess.

The Code may contain any other provisions that are necessary or desirable.
The Minister must, before recommending that the Governor-General approve a Code, consult service providers, and any other persons, that the Minister reasonably considers may be likely to be representative of the persons to be affected by the Code.

Section 155J: inserted, on 1 July 2011, by section 23 of the Telecommunications (TSO, Broadband, and Other Matters) Amendment Act 2011 (2011 No 27).
(3) (4) 150 Reprinted as at 28 May 2015 Telecommunications Act 2001 Part 4 s 155L 155K Approval and status of Code (1) (2) (3) (4) (5) (6) (7) The Governor-General may, by Order in Council made on the recommendation of the Minister, approve a Code.

The order may refer to, but need not contain, the Code, and must be published in the Gazette.

The order and the Code are disallowable instruments for the purposes of the Legislation Act 2012.
The order, but not the Code, is a legislative instrument for the purposes of the Legislation Act 2012.

The Code must be presented to the House of Representatives no later than 16 days after the date on which it is approved.

If any provision of the Code conflicts with this or any other Act, or with any regulation made under this or any other Act, the Act or regulation prevails.

The Minister may at any time prepare an amendment to the Code, and subsec- tions (1) to (6) apply accordingly.
(8) The Minister must ensure that the Code, and every amendment to it,— (a) (b) is published on an Internet site that is publicly available at all reasonable times; and is available for purchase in hard copy, at no more than a reasonable cost, from the head office of the Ministry.

Section 155K: inserted, on 1 July 2011, by section 23 of the Telecommunications (TSO, Broadband, and Other Matters) Amendment Act 2011 (2011 No 27).
Section 155K(3): replaced, on 5 August 2013, by section 77(3) of the Legislation Act 2012 (2012 No 119).

Section 155K(4): replaced, on 5 August 2013, by section 77(3) of the Legislation Act 2012 (2012 No 119).

Consumer complaints system Heading: inserted, on 1 July 2011, by section 23 of the Telecommunications (TSO, Broadband, and Other Matters) Amendment Act 2011 (2011 No 27).
155L Compliance with rules and binding settlements (1) A service provider who is a member of a consumer complaints system must comply with the rules of that system that relate to complaints about access to multi-unit complexes.
(2) On the application of the consumer complaints adjudicator or other person re- sponsible for a consumer complaints system, a District Court may require a member of the system to do either or both of the following: (a) comply with the rules of the system that relate to complaints about ac- cess to multi-unit complexes: 151 Part 4 s 155M Telecommunications Act 2001 Reprinted as at 28 May 2015 (3) (4) (b) comply with a binding settlement determined by the system in response to a complaint about access to multi-unit complexes.
If a District Court is satisfied that the terms of a binding settlement are mani- festly unreasonable, the court’s order under subsection (2)(b) may modify the terms of the binding settlement, but only to the extent that the modification re- sults in a binding settlement that could have been made under the consumer complaints system.
If an order requiring a member to comply with a binding settlement includes a requirement that the member pay an amount of money to a person, that order (or part of the order) may be enforced as if it were a judgment by a District Court for the payment of a sum of money.

(5) A reference in this section to a member includes a reference to a person who was a member of the consumer complaints system at the relevant time but is no longer a member at the time of the application or order.
Section 155L: inserted, on 1 July 2011, by section 23 of the Telecommunications (TSO, Broadband, and Other Matters) Amendment Act 2011 (2011 No 27).
155M Offence to fail to comply with District Court order (1) A member or former member of a consumer complaints system who, knowing that the member or former member is subject to an order made under section 155L, fails to comply with the order, or fails to comply with the order within the time or in the manner required by the order, commits an offence and is lia- ble on conviction to a fine not exceeding $100,000.
(2) Nothing in this section applies to an order or part of an order of a District Court referred to in section 155L(4).

Section 155M: inserted, on 1 July 2011, by section 23 of the Telecommunications (TSO, Broadband, and Other Matters) Amendment Act 2011 (2011 No 27).

Section 155M(1): amended, on 1 July 2013, pursuant to section 413 of the Criminal Procedure Act 2011 (2011 No 81).
156 Notices to be in writing [Repealed] Section 156: repealed, on 1 July 2011, by section 26(2) of the Telecommunications (TSO, Broad- band, and Other Matters) Amendment Act 2011 (2011 No 27).

Part 4AA Services provided using networks developed with Crown funding: Undertakings regime and Commerce Act 1986 authorisations Part 4AA: inserted, on 1 July 2011, by section 81 of the Telecommunications (TSO, Broadband, and Other Matters) Amendment Act 2011 (2011 No 27).
152 Reprinted as at 28 May 2015 Telecommunications Act 2001 Part 4AA s 156AB Subpart 1—Preliminary provisions Subpart 1: inserted, on 1 July 2011, by section 81 of the Telecommunications (TSO, Broadband, and Other Matters) Amendment Act 2011 (2011 No 27).
156AA Overview (1) This Part— (a) (b) (c) (d) (e) requires providers of wholesale telecommunications services that are provided using a fibre optic communications network that is constructed, in whole or in part, with Crown investment funding provided as part of the Ultra-fast Broadband Initiative, or that provide access to unbundled elements of such a network, to give enforceable undertakings providing for non-discrimination, equivalence, and other matters in relation to the supply of those services (subpart 2); and restricts unbundling of point-to-multipoint layer 1 services before 1 January 2020 in respect of those service providers (section 156AP); and requires those service providers to disclose information concerning costs and other matters in accordance with requirements of the Commission (subpart 3); and enables providers of wholesale telecommunications services provided using a network that is constructed, in whole or in part, with Crown in- vestment funding as part of the Rural Broadband Initiative to give en- forceable undertakings that provide for non-discrimination and other matters in relation to those services (subpart 4); and provides certain Commerce Act 1986 authorisations in respect of partici- pation in the Rural Broadband Initiative (subpart 5) and the Ultra-fast Broadband Initiative (subpart 6).
(2) This section is intended only as a guide to the general scheme and effect of this Part.

Section 156AA: inserted, on 1 July 2011, by section 81 of the Telecommunications (TSO, Broad- band, and Other Matters) Amendment Act 2011 (2011 No 27).
156AB Interpretation In this Part, unless the context otherwise requires,— access seeker means a person who seeks access to a relevant service arm’s-length has the meaning set out in section 69D Crown includes Crown Fibre Holdings Limited disclose means to supply to the Commission equivalence, in relation to the supply of a relevant service, means equivalence of supply of the service and access to the service provider’s network so that third-party access seekers are treated in the same way to the service provider’s 153 Part 4AA s 156AB Telecommunications Act 2001 Reprinted as at 28 May 2015 own business operations, including in relation to pricing, procedures, oper- ational support, supply of information, and other relevant matters fibre-to-the-premises access network— (a) means a network structure used to deliver telecommunications services over fibre media that connects a powered node in a central office loca- tion (an exchange or equivalent powered facility) to an end-user’s prem- ises or building, or the optical distribution facility of an end-user’s prem- ises or building; and (b) (c) includes the powered node in the central office location; and includes that part of the overall telecommunications link that connects to the end-user’s equipment information includes any statement, certificate, or other information required to be disclosed under this Part layer 1 service has the same meaning as in the document New Zealand Gov- ernment Ultra-Fast Broadband Initiative Invitation to Participate in Partner Selection Process dated October 2009 (as amended) LFC or local fibre company means a company through which the investment of the Crown and a UFB partner in relation to a fibre optic communications network is effected, including— (a) (b) a company in which the Crown and the UFB partner hold shares; and a company in which the Crown holds a financial interest pursuant to the selection of that company as a UFB partner LFC fibre network means a fibre-to-the-premises access network that is owned or operated by an LFC
 non-discrimination, in relation to the supply of a relevant service, means that the service provider must not treat access seekers differently, or, where the service provider supplies itself with a relevant service, must not treat itself dif- ferently from other access seekers, except to the extent that a particular differ- ence in treatment is objectively justifiable and does not harm, and is unlikely to harm, competition in any telecommunications market point-to-multipoint layer 1 service means a layer 1 service provided over a network configuration that enables each fibre to provide multiple end-point connections prescribed means prescribed by the Commission relevant service— (a) (b) in subparts 2 and 3, means a wholesale telecommunications service that is provided using, or that provides access to unbundled elements of, an LFC fibre network; and in subpart 4, means a wholesale telecommunications service that is pro- vided using, or that provides access to, unbundled elements of a network 154 Reprinted as at 28 May 2015 Telecommunications Act 2001 Part 4AA s 156AD that is constructed with funding provided, in whole or in part, by the Crown as part of the Rural Broadband Initiative Rural Broadband Initiative means the programme to develop enhanced broadband infrastructure in non-urban areas of New Zealand with the support of Crown grant funding service provider means a provider of a relevant service UFB initiative means the competitive tender programme, known as the Ultra- fast Broadband Initiative, to develop fibre-to-the-premises broadband networks connecting 75% of New Zealand households, with the support of $1.5 billion of Crown investment funding UFB partner means a successful tenderer in the UFB initiative undertaking means an undertaking under this Part.
Section 156AB: inserted, on 1 July 2011, by section 81 of the Telecommunications (TSO, Broad- band, and Other Matters) Amendment Act 2011 (2011 No 27).

Subpart 2—Undertakings relating to networks developed with Crown funding as part of UFB initiative Subpart 2: inserted, on 1 July 2011, by section 81 of the Telecommunications (TSO, Broadband, and Other Matters) Amendment Act 2011 (2011 No 27).
156AC Purposes The purposes of this subpart are to— (a) (b) (c) promote competition in telecommunications markets for the long-term benefit of end-users of telecommunications services in New Zealand; and require transparency, non-discrimination, and equivalence of supply in relation to certain telecommunications services; and facilitate efficient investment in telecommunications infrastructure and services.
Section 156AC: inserted, on 1 July 2011, by section 81 of the Telecommunications (TSO, Broad- band, and Other Matters) Amendment Act 2011 (2011 No 27).

Requirements for undertakings Heading: inserted, on 1 July 2011, by section 81 of the Telecommunications (TSO, Broadband, and Other Matters) Amendment Act 2011 (2011 No 27).

156AD Main requirements for undertakings (1) An LFC must enter into an undertaking in accordance with this subpart.
(2) The undertaking must— (a) be executed by the LFC; and 155 Part 4AA s 156AE Telecommunications Act 2001 Reprinted as at 28 May 2015 (b) provide for the LFC to supply unbundled layer 1 services on all parts of its fibre-to-the-premises access network on and after 1 January 2020; and (c) provide for the LFC to— (i) (ii) achieve non-discrimination in relation to the supply of relevant services; and design and build the LFC fibre network in a way that enables equivalence in relation to the supply of unbundled layer 1 services to be achieved on and after 1 January 2020; and (iii) achieve equivalence in relation to the supply of unbundled layer 1 services on and after 1 January 2020; and provide for the LFC to deal with the UFB partner on arm’s-length terms (unless the UFB partner and the LFC are not separate entities); and provide for the LFC to maximise the use of standard terms for the supply of services through the use of template, or model, agreements; and provide for access seekers to have the same access to information from the LFC; and specify rules for the treatment of confidential information relating to ac- cess seekers; and provide for disclosure of relevant information to the Commission, to support the Commission’s assessment of compliance with the undertak- ing; and provide for any other matters required by a determination of the Minister under section 156AE.
(d) (e) (f) (g) (h) (i) (3) An undertaking may specify a mechanism for resolution, by a suitably quali- fied and experienced independent person, of any disputes that arise between the LFC and access seekers after the undertaking is approved.

(4) Subsection (3) does not limit the further matters that may be included in an undertaking.
(5) However, an undertaking must not— (a) (b) provide for rules or obligations in respect of services that are not rele- vant services (including layer 1 services); or specify the price or non-price terms of supply for any telecommunica- tions service.

Section 156AD: inserted, on 1 July 2011, by section 81 of the Telecommunications (TSO, Broad- band, and Other Matters) Amendment Act 2011 (2011 No 27).
156AE Minister may determine further requirements for undertakings The Minister may determine further requirements with which an undertaking must comply.
(1) 156 Reprinted as at 28 May 2015 Telecommunications Act 2001 Part 4AA s 156AG (2) The further requirements may— (a) (b) specify the relevant services, or types of relevant services, to which the requirements in section 156AD apply, and how they are to apply; and include further matters that must be addressed in the undertaking, and minimum requirements for the undertaking.
(3) Any further requirements determined by the Minister under this section do not apply to an undertaking that has already been approved by the Minister.

Section 156AE: inserted, on 1 July 2011, by section 81 of the Telecommunications (TSO, Broadband, and Other Matters) Amendment Act 2011 (2011 No 27).
156AF Minister must issue and consult on draft determination Before making a determination under section 156AE, the Minister must pre- pare a draft determination and consult on that draft with those persons that the Minister considers have a material interest in the determination.

Section 156AF: inserted, on 1 July 2011, by section 81 of the Telecommunications (TSO, Broadband, and Other Matters) Amendment Act 2011 (2011 No 27).
156AG Procedural requirements for determination (1) The Minister must notify a determination made under section 156AE in the Gazette as soon as practicable after it is made.

(2) The notice in the Gazette— (a) need not contain the determination: (b) must give a brief description of the nature of the determination: (c) must state where copies of the determination are available for inspection and purchase.
(3) The Minister must make the determination available to the public by making copies of it available— (a) for inspection, free of charge,— (i) (ii) at the head office of the Ministry (during office hours); and on the Internet in an electronic form that is publicly accessible (at all reasonable times); and (b) for purchase at a reasonable price.
(4) A determination is a disallowable instrument, but not a legislative instrument, for the purposes of the Legislation Act 2012 and must be presented to the House of Representatives under section 41 of that Act.

(5) [Repealed] Section 156AG: inserted, on 1 July 2011, by section 81 of the Telecommunications (TSO, Broad- band, and Other Matters) Amendment Act 2011 (2011 No 27).

Section 156AG(4): replaced, on 5 August 2013, by section 77(3) of the Legislation Act 2012 (2012 No 119).
157 Part 4AA s 156AH Telecommunications Act 2001 Reprinted as at 28 May 2015 Section 156AG(5): repealed, on 5 August 2013, by section 77(3) of the Legislation Act 2012 (2012 No 119).

Process for submission and consideration of undertakings Heading: inserted, on 1 July 2011, by section 81 of the Telecommunications (TSO, Broadband, and Other Matters) Amendment Act 2011 (2011 No 27).
156AH LFC must submit undertaking for approval by Minister An LFC must submit an undertaking for approval by the Minister by sending the undertaking in writing to the Minister.

Section 156AH: inserted, on 1 July 2011, by section 81 of the Telecommunications (TSO, Broad- band, and Other Matters) Amendment Act 2011 (2011 No 27).
156AI Minister may approve or decline undertaking (1) The Minister may, by notice in writing to the LFC who submitted the undertak- ing,— (a) (b) approve the undertaking; or decline to approve the undertaking.

(2) The Minister must not approve the undertaking unless the Minister is satisfied that it meets the requirements in section 156AD.
(3) If the Minister declines to approve the undertaking, the Minister— (a) must give reasons for not approving the undertaking; and (b) may invite the LFC to submit an amended undertaking for approval by the Minister.

(4) (5) Subsections (1) and (3) and section 156AH apply to an amended undertaking.

The Minister must notify his or her approval of an undertaking by notice in the Gazette.
Section 156AI: inserted, on 1 July 2011, by section 81 of the Telecommunications (TSO, Broadband, and Other Matters) Amendment Act 2011 (2011 No 27).

Implementation of undertakings Heading: inserted, on 1 July 2011, by section 81 of the Telecommunications (TSO, Broadband, and Other Matters) Amendment Act 2011 (2011 No 27).
156AJ Implementation of undertaking On and from the date that the Minister’s approval of an undertaking is notified in accordance with section 156AI(5), the undertaking takes effect as if it were a deed that is— (a) (b) properly executed by, and binding on, the LFC; and given in favour of the Crown.

Section 156AJ: inserted, on 1 July 2011, by section 81 of the Telecommunications (TSO, Broadband, and Other Matters) Amendment Act 2011 (2011 No 27).
158 Reprinted as at 28 May 2015 Telecommunications Act 2001 Part 4AA s 156AM 156AK LFC must publish undertaking (1) As soon as practicable after the Minister’s approval of an undertaking is noti- fied, the LFC must publish the undertaking on an Internet site maintained by or on behalf of the LFC so that it is publicly accessible at all reasonable times.

(2) The LFC must make a copy of the undertaking available for inspection free of charge at its registered office.
Section 156AK: inserted, on 1 July 2011, by section 81 of the Telecommunications (TSO, Broad- band, and Other Matters) Amendment Act 2011 (2011 No 27).

Variation and termination of undertakings Heading: inserted, on 1 July 2011, by section 81 of the Telecommunications (TSO, Broadband, and Other Matters) Amendment Act 2011 (2011 No 27).

156AL Variation of undertaking (1) (2) The Minister may, on the recommendation of the Commission, approve a vari- ation of an undertaking.
The Commission must not make a recommendation under subsection (1) un- less— (a) (b) (c) the LFC who gave the undertaking has submitted a request for the vari- ation to the Commission; and the Commission has consulted with interested parties; and the Commission is satisfied that the variation would best give effect to the purposes of this subpart.

Section 156AL: inserted, on 1 July 2011, by section 81 of the Telecommunications (TSO, Broadband, and Other Matters) Amendment Act 2011 (2011 No 27).
156AM Procedure for variation of undertaking (1) An LFC may submit a request for a variation of an undertaking under section 156AL by sending the proposed variation in writing to the Commission.

(2) The Commission must notify the LFC in writing of whether it proposes to rec- ommend that the Minister approve the variation.
(3) The notice under subsection (2)— (a) must set out the reasons for the Commission’s decision; and (b) may invite the LFC to submit an amended variation for consideration, if the Commission does not propose to recommend that the Minister ap- prove the variation.

The Commission must make reasonable efforts to give the notice not later than 30 working days after the Commission receives the request for the variation from the service provider.
Sections 156AI to 156AK apply, with all necessary modifications, to a vari- ation of an undertaking as if the variation were an undertaking.

(4) (5) 159 Part 4AA s 156AN Telecommunications Act 2001 Reprinted as at 28 May 2015 Section 156AM: inserted, on 1 July 2011, by section 81 of the Telecommunications (TSO, Broad- band, and Other Matters) Amendment Act 2011 (2011 No 27).
156AN Clarification of undertaking The Commission may amend an undertaking to clarify it if— (a) the Commission, on the application of the LFC who gave the undertak- ing, considers that the undertaking requires clarification; and (b) the clarification is not material.

Section 156AN: inserted, on 1 July 2011, by section 81 of the Telecommunications (TSO, Broad- band, and Other Matters) Amendment Act 2011 (2011 No 27).
156AO Termination of undertaking (1) An undertaking may be terminated by mutual agreement between the LFC and the Minister.

(2) (3) The Minister may request the Commission to recommend whether an undertak- ing should be terminated under this section.
The Commission may, in response to a request under subsection (2) or on its own initiative, recommend to the Minister that an undertaking be terminated under this section, if the Commission considers that the termination would best promote the purposes of this subpart.

Section 156AO: inserted, on 1 July 2011, by section 81 of the Telecommunications (TSO, Broad- band, and Other Matters) Amendment Act 2011 (2011 No 27).
Effect of undertakings in relation to unbundling of certain services Heading: inserted, on 1 July 2011, by section 81 of the Telecommunications (TSO, Broadband, and Other Matters) Amendment Act 2011 (2011 No 27).
156AP Commission may not recommend or investigate unbundling of point-to- multipoint layer 1 services (1) (2) The Commission must not, before the close of 31 December 2019, provide a final report to the Minister recommending the unbundling of any point-to-mul- tipoint layer 1 service that is provided by an LFC that is subject to a binding undertaking.
The Commission must not, before the close of 31 December 2018, commence an investigation into the unbundling of any point-to-multipoint layer 1 service provided by an LFC that is subject to a binding undertaking.

(3) An LFC is subject to a binding undertaking for the purposes of this section if it has entered into an undertaking that has been approved by the Minister under this subpart and that is still in force.
Section 156AP: inserted, on 1 July 2011, by section 81 of the Telecommunications (TSO, Broadband, and Other Matters) Amendment Act 2011 (2011 No 27).

160 Reprinted as at 28 May 2015 Telecommunications Act 2001 Part 4AA s 156AS Enforcement of undertakings Heading: inserted, on 1 July 2011, by section 81 of the Telecommunications (TSO, Broadband, and Other Matters) Amendment Act 2011 (2011 No 27).
156AQ Enforcement and remedies under Part 4A Sections 156L, 156M, and 156O to 156R apply to an undertaking under this subpart as provided in Part 4A.

Section 156AQ: inserted, on 1 July 2011, by section 81 of the Telecommunications (TSO, Broad- band, and Other Matters) Amendment Act 2011 (2011 No 27).
156AR Power of court to grant relief in respect of undertakings (1) If, on the application of the Commission, it appears to the High Court that an LFC intends to engage, or is engaging, or has engaged, in conduct that consti- tutes, or would constitute, a breach of the terms of an undertaking, the court may make any orders on any terms and conditions that it thinks appropriate, including, without limitation, an order to— (a) (b) (c) restrain the LFC from engaging in conduct that constitutes, or would constitute, the breach: require the LFC to do a particular act or thing: require the LFC to comply with the terms of the undertaking.
(2) In any proceeding under this section, the Commission, on the order of the court, may obtain discovery and administer interrogatories.

(3) The court may at any time rescind or vary an order made under this section.

Section 156AR: inserted, on 1 July 2011, by section 81 of the Telecommunications (TSO, Broad- band, and Other Matters) Amendment Act 2011 (2011 No 27).
156AS Interrelationship of remedies (1) Nothing in this Part or Part 4A limits or affects any right, duty, liability, or rem- edy in respect of an undertaking that exists or is available apart from this Part or Part 4A.

(2) Any right of action or other remedy available under this Part or Part 4A in re- spect of an undertaking may be taken, proceeded with, or heard in conjunction with any other action or remedy available under this Act or otherwise.
(3) However, in determining whether to order a person to pay a penalty, compensa- tion, or damages in respect of an undertaking, the court must have regard to— (a) whether that person has already been ordered to pay a penalty, compen- sation, or damages for the same matter; and (b) if so, the amount and effect of that first order.

Section 156AS: inserted, on 1 July 2011, by section 81 of the Telecommunications (TSO, Broadband, and Other Matters) Amendment Act 2011 (2011 No 27).
161 Part 4AA s 156AT Telecommunications Act 2001 Reprinted as at 28 May 2015 Subpart 3—Information disclosure by LFCs with undertakings Subpart 3: inserted, on 1 July 2011, by section 81 of the Telecommunications (TSO, Broadband, and Other Matters) Amendment Act 2011 (2011 No 27).
156AT Purpose The purpose of this subpart is to promote competition in telecommunications markets for the long-term benefit of end-users of telecommunications services in New Zealand by requiring LFCs who have given undertakings in relation to certain services to provide reliable and timely information to the Commission to enable it to record over time the costs and characteristics of LFC fibre net- works to inform the Commission’s statutory processes and determinations.
Section 156AT: inserted, on 1 July 2011, by section 81 of the Telecommunications (TSO, Broadband, and Other Matters) Amendment Act 2011 (2011 No 27).

156AU Commission must require disclosure by LFCs (1) (2) The Commission must require LFCs to prepare and disclose information, annu- ally, about the costs and characteristics of relevant services and the LFC fibre networks used to provide, or comprised of, relevant services.
The Commission may require the LFCs to prepare and disclose information consisting of, or about, the following things, as part of the information required under this section: (a) (b) (c) (d) (e) (f) (g) (h) (i) (j) (k) (l) financial statements: asset valuations and valuation reports: prices, terms, and conditions: costs and cost allocation methodologies: contracts: transactions with related parties (as if the test for related parties were the same as the test in section 79), including prices and methodologies in re- lation to such transactions: financial and non-financial performance measures: plans and forecasts: transfer payments (whether actual or notional) amongst prescribed busi- ness activities: network capacity information: characteristics of relevant services: policies and methodologies in the areas referred to in paragraphs (a) to (k) or other areas.
(3) The Commission may, as part of the information required under this section,— (a) define the prescribed business activities and prescribed services in re- spect of which the LFC must prepare and disclose information: 162 Reprinted as at 28 May 2015 Telecommunications Act 2001 Part 4AA s 156AV (b) (c) (d) require the LFC to adopt, in the preparation or compilation of that infor- mation, any methodology that is required by the Commission (including the allocation methodology that must be used for preparing the financial statements and allocating the costs): require the LFC to disclose the manner in which methodologies have been applied: prescribe the information that must be included in the financial state- ments to be prepared and disclosed.
The LFCs must prepare and disclose the information required under this sec- tion in accordance with the Commission’s requirements.

To avoid doubt, nothing in this subpart requires an LFC to prepare and disclose information about the operation of all or any of its network or wholesale activ- ities as if those activities were operated as independent or unrelated companies.
Section 156AU: inserted, on 1 July 2011, by section 81 of the Telecommunications (TSO, Broad- band, and Other Matters) Amendment Act 2011 (2011 No 27).
(4) (5) 156AV Further powers of Commission relating to information disclosure The Commission may, in making requirements under section 156AU,— (a) (b) (c) (d) (e) (f) (g) (h) (i) (j) prescribe the form and manner in which information must be disclosed: specify a time or date, or times or dates, as at which information must be disclosed: require the disclosure of assumptions made in the preparation of the in- formation: require the audit of disclosed information: require disclosed information, or information from which disclosed in- formation is derived (in whole or in part), to be certified, in a prescribed form and manner, by persons belonging to any specified class of per- sons: set rules about when and for how long information must be disclosed: require the retention of data on which disclosed information is based and associated documentation: exempt or provide for exemptions (including provide for the revocation of exemptions), on any terms and conditions, of any person or class of persons from all or any of the requirements: provide for transitional provisions: make requirements from time to time (for example, more than once a year): (k) make requirements in respect of all or part of the relevant business.
Section 156AV: inserted, on 1 July 2011, by section 81 of the Telecommunications (TSO, Broadband, and Other Matters) Amendment Act 2011 (2011 No 27).
163 Part 4AA s 156AW Telecommunications Act 2001 Reprinted as at 28 May 2015 156AW Commission may publish reports, etc, on information collected (1) (2) (3) The Commission may publish reports on, and summaries and analyses of, in- formation collected under this subpart for the purpose of informing the industry and the public of current developments and emerging trends in relation to LFC fibre-to-the-premises access networks.

The publication may be in any form that the Commission considers fit.
In exercising its power under this section, the Commission must ensure that it protects the confidentiality of any information that may reasonably be regarded as confidential or commercially sensitive.

Section 156AW: inserted, on 1 July 2011, by section 81 of the Telecommunications (TSO, Broad- band, and Other Matters) Amendment Act 2011 (2011 No 27).
Subpart 4—Undertakings relating to networks developed with Crown funding as part of Rural Broadband Initiative Subpart 4: inserted, on 1 July 2011, by section 81 of the Telecommunications (TSO, Broadband, and Other Matters) Amendment Act 2011 (2011 No 27).
156AX Interpretation of this subpart In this subpart, unless the context otherwise requires,— relevant service means a service that is provided using, or that provides access to the unbundled elements of, a network that was constructed with funding pro- vided, in whole or in part, by the Crown as part of the Rural Broadband Initia- tive service provider means a provider of a relevant service.
Section 156AX: inserted, on 1 July 2011, by section 81 of the Telecommunications (TSO, Broad- band, and Other Matters) Amendment Act 2011 (2011 No 27).

156AY Requirements for undertakings under this subpart (1) A service provider may enter into an undertaking.
(2) The undertaking must— (a) (b) provide for the service provider to achieve non-discrimination in relation to supply of relevant services; and provide for the disclosure of relevant information to the Commission, to support the Commission’s assessment of compliance with the undertak- ing.
(3) An undertaking may specify a mechanism for resolution, by a suitably quali- fied and experienced independent person, of any disputes that arise between the service provider and access seekers after the undertaking is approved.

(4) Subsection (3) does not limit the further matters that may be included in an undertaking.

Section 156AY: inserted, on 1 July 2011, by section 81 of the Telecommunications (TSO, Broadband, and Other Matters) Amendment Act 2011 (2011 No 27).
164 Reprinted as at 28 May 2015 Telecommunications Act 2001 Part 4AA s 156AZA 156AZ Application of provisions in subpart 1 Sections 156AH to 156AN, 156AO, and 156AQ to 156AS, with all necessary modifications, apply to an undertaking under this subpart as if every reference in those sections to an LFC were a reference to a service provider.

Section 156AZ: inserted, on 1 July 2011, by section 81 of the Telecommunications (TSO, Broadband, and Other Matters) Amendment Act 2011 (2011 No 27).
Subpart 5—Commerce Act 1986 authorisations in respect of Rural Broadband Initiative Subpart 5: inserted, on 1 July 2011, by section 81 of the Telecommunications (TSO, Broadband, and Other Matters) Amendment Act 2011 (2011 No 27).
156AZA Restrictive trade practices authorisations in respect of Telecom and Vodafone participation in Rural Broadband Initiative (1) The following are authorised: (a) (b) the joint Telecom–Vodafone proposal made on 12 November 2010 in re- sponse to the Rural Broadband Initiative request for proposals issued on 26 August 2010; and any contract that is entered into between the Crown and Telecom, or the Crown and Vodafone, to provide funding to Telecom or Vodafone in ac- cordance with the Rural Broadband Initiative.
(2) In this section, unless the context otherwise requires,— (3) (4) (5) (6) (7) Vodafone means Vodafone New Zealand Limited and its subsidiaries.

The authorisations apply to any contract, arrangement, or understanding that is entered into before the date on which this section comes into force as if the au- thorisation were in force at the time of entry.
The authorisations do not apply to a contract, arrangement, or understanding that is entered into later than 6 months after the date on which this section comes into force.

The authorisations must be treated as if they were authorisations granted by the Commerce Commission under section 58(1), (2), (5), and (6) of the Commerce Act 1986.

Sections 65 and 91 to 97 of the Commerce Act 1986 do not apply to the author- isations.
The effect of the authorisations is the same as that stated in section 58A(1) and (2) of the Commerce Act 1986.

Section 156AZA: inserted, on 1 July 2011, by section 81 of the Telecommunications (TSO, Broad- band, and Other Matters) Amendment Act 2011 (2011 No 27).
165 Part 4AA s 156AZB Telecommunications Act 2001 Reprinted as at 28 May 2015 Subpart 6—Commerce Act 1986 authorisations in respect of Ultra-fast Broadband Initiative Subpart 6: added, on 1 July 2011, by section 81 of the Telecommunications (TSO, Broadband, and Other Matters) Amendment Act 2011 (2011 No 27).
156AZB Interpretation for this subpart In this subpart, unless the context otherwise requires,— fibre optic network assets means ducting, fibre optic cabling, and related elec- tronic equipment, together with other related equipment, that is used in connec- tion with telecommunication over a fibre-based network Telecom includes Chorus and a successor to Telecom or Chorus telecommunications network company means a company that owns or oper- ates a network.
Section 156AZB: inserted, on 1 July 2011, by section 81 of the Telecommunications (TSO, Broad- band, and Other Matters) Amendment Act 2011 (2011 No 27).
156AZC Restrictive trade practices authorisations in respect of participation in Ultra-fast Broadband Initiative (1) The following are authorised: (a) (b) any contract, arrangement, or understanding between the Crown and Tel- ecom that is necessary to give effect to the selection of Telecom as a UFB partner in a particular region or regions; and any contract, arrangement, or understanding that is part of the arrange- ment with the Crown under the UFB initiative in a particular region or regions, under which Telecom or a UFB partner transfers fibre optic net- work assets to a local fibre company owned partially by the Crown.
(2) The authorisations— (a) (b) apply to any contract, arrangement, or understanding that is entered into before the date on which this section comes into force as if the authorisa- tions were in force at the time of entry; but do not apply to any contract, arrangement, or understanding that is en- tered into more than 2 years after the date on which this section comes into force.
The authorisations must be treated as if they were authorisations granted by the Commerce Commission under section 58(1), (2), (5), and (6) of the Commerce Act 1986.

Sections 65 and 91 to 97 of the Commerce Act 1986 do not apply to the author- isations.

The effect of the authorisations is the same as that stated in section 58A(1) and (2) of the Commerce Act 1986.
(3) (4) (5) 166 Reprinted as at 28 May 2015 Telecommunications Act 2001 Part 4AA s 156AZD Section 156AZC: inserted, on 1 July 2011, by section 81 of the Telecommunications (TSO, Broad- band, and Other Matters) Amendment Act 2011 (2011 No 27).
156AZD Business acquisition authorisations in respect of participation in Ultra- fast Broadband Initiative (1) The following are authorised: (a) (b) (c) any acquisition by a UFB partner or a local fibre company owned parti- ally by the Crown of the fibre optic network assets or undertaking of any telecommunications network company as part of an arrangement with the Crown under the UFB initiative; and any acquisition by a UFB partner of the shares of any telecommunica- tions network company (whether on a minority or an equal basis or otherwise) as part of an arrangement with the Crown, or with the Crown and another UFB partner, under the UFB initiative; and any acquisition by the Crown of shares in, or assets of, Telecom pursuant to the selection of Telecom as a UFB partner in a particular region or re- gions.
The authorisations do not apply to any acquisition that is made more than 2 years after the date on which this section comes into force.

The authorisations must be treated as if they were authorisations granted by the Commerce Commission under section 67(3)(b) of the Commerce Act 1986 on the date on which this section comes into force.

Sections 91 to 97 of the Commerce Act 1986 do not apply to the authorisa- tions.
The effect of the authorisations is the same as that stated in section 69 of the Commerce Act 1986.

Section 156AZD: inserted, on 1 July 2011, by section 81 of the Telecommunications (TSO, Broad- band, and Other Matters) Amendment Act 2011 (2011 No 27).

(2) (3) (4) (5) Part 4A Enforcement Part 4A: inserted, on 22 December 2006, by section 54 of the Telecommunications Amendment Act (No 2) 2006 (2006 No 83).
Subpart 1—Enforcement of statutory and regulatory provisions Subpart 1: inserted, on 22 December 2006, by section 54 of the Telecommunications Amendment Act (No 2) 2006 (2006 No 83).

Heading: inserted, on 22 December 2006, by section 54 of the Telecommunications Amendment Act (No 2) 2006 (2006 No 83).
Preliminary 167 Part 4A s 156A Telecommunications Act 2001 Reprinted as at 28 May 2015 156A Application of section 156B (1) Section 156B applies to a person who commits any of the following breaches: (a) (b) (c) (d) (e) (f) (fa) (fb) (g) (h) (i) (ia) (ib) (j) (ja) (k) (l) fails, without reasonable excuse, to comply with section 22A: fails, without reasonable excuse, to comply with a notice under section 30F requiring a standard terms proposal to be submitted to the Commis- sion: knowingly submits a standard terms proposal that fails to comply with section 30G: fails, without reasonable excuse, to comply with a notice under section 45 or a notice requirement (if any) set out in subpart 1 of Part 2 of Schedule 1 in respect of the applicable final pricing principle: fails, without reasonable excuse, to provide to the Commission not later than the time specified by it— (i) (ii) the statement referred to in section 45(2)(b)(i): all the information referred to in section 45(2)(b)(ii): knowingly provides false or misleading information or documents under section 45 or under the notice requirement (if any) set out in subpart 1 of Part 2 of Schedule 1 in respect of the applicable final pricing principle: fails, without reasonable excuse, to comply with section 69F: fails, without reasonable excuse, to comply with a notice under section 69H: fails, without reasonable excuse, to comply with an information disclos- ure requirement made under section 69ZC(4), 69ZF(2), or 156AU: knowingly provides false or misleading
 information or documents under Part 2B: fails, without reasonable excuse, to provide to the Commission, not later than the time specified by it, the information or documents referred to in section 81(2): knowingly provides or signs a false or misleading certificate under sec- tion 81: knowingly provides false or misleading information or documents under section 81: fails, without reasonable excuse, to comply with section 82: knowingly provides false or misleading information or documents under section 82: fails,
 without reasonable excuse, to comply with section 83: knowingly provides false or misleading information or documents under section 83: 168 Reprinted as at 28 May 2015 (la) (lb) Telecommunications Act 2001 Part 4A s 156A fails, without reasonable excuse, to comply with section 94D: knowingly provides false or misleading information or documents under section 94D: (lba) fails, without reasonable excuse, to comply with section 94EA: (lbb) knowingly provides false or misleading information under section 94EA: (lc) (ld) fails, without reasonable excuse, to comply with a requirement of the Commission under section 100BA(3): knowingly provides false or misleading information or documents under section 100BA: (m) fails, without reasonable excuse, to comply with section 111A: (ma) fails, without reasonable excuse, to comply with section 156AK: (n) fails, without reasonable excuse, to comply with any regulations made under section 157(ch) in relation to emergency call services.
(2) Section 156B also applies as provided in— (a) (b) section 69L: section 69T.

Section 156A: inserted, on 22 December 2006, by section 54 of the Telecommunications Amendment Act (No 2) 2006 (2006 No 83).

Section 156A(1)(fa): inserted, on 30 November 2011 (being the date of separation day, and an Order in Council (SR 2011/302) having been made under section 36), by section 64(1) of the Telecommuni- cations (TSO, Broadband, and Other Matters) Amendment Act 2011 (2011 No 27).
Section 156A(1)(fb): inserted, on 30 November 2011 (being the date of separation day, and an Order in Council (SR 2011/302) having been made under section 36), by section 64(1) of the Telecommuni- cations (TSO, Broadband, and Other Matters) Amendment Act 2011 (2011 No 27).

Section 156A(1)(g): amended, on 1 July 2011, by section 82(1) of the Telecommunications (TSO, Broadband, and Other Matters) Amendment Act 2011 (2011 No 27).
Section 156A(1)(i): substituted, on 1 July 2011, by section 24(1) of the Telecommunications (TSO, Broadband, and Other Matters) Amendment Act 2011 (2011 No 27).

Section 156A(1)(ia): inserted, on 1 July 2011, by section 24(1) of the Telecommunications (TSO, Broadband, and Other Matters) Amendment Act 2011 (2011 No 27).

Section 156A(1)(ib): inserted, on 1 July 2011, by section 24(1) of the Telecommunications (TSO, Broadband, and Other Matters) Amendment Act 2011 (2011 No 27).
Section 156A(1)(j): substituted, on 1 July 2011, by section 24(1) of the Telecommunications (TSO, Broadband, and Other Matters) Amendment Act 2011 (2011 No 27).

Section 156A(1)(ja): inserted, on 1 July 2011, by section 24(1) of the Telecommunications (TSO, Broadband, and Other Matters) Amendment Act 2011 (2011 No 27).

Section 156A(1)(la): inserted, on 1 July 2011, by section 24(2) of the Telecommunications (TSO, Broadband, and Other Matters) Amendment Act 2011 (2011 No 27).
Section 156A(1)(lb): inserted, on 1 July 2011, by section 24(2) of the Telecommunications (TSO, Broadband, and Other Matters) Amendment Act 2011 (2011 No 27).

Section 156A(1)(lba): inserted, on 30 November 2011 (being the date of separation day, and an Order in Council (SR 2011/302) having been made under section 36), by section 60 of the Telecommunica- tions (TSO, Broadband, and Other Matters) Amendment Act 2011 (2011 No 27).
169 Part 4A s 156B Telecommunications Act 2001 Reprinted as at 28 May 2015 Section 156A(1)(lbb): inserted, on 30 November 2011 (being the date of separation day, and an Order in Council (SR 2011/302) having been made under section 36), by section 60 of the Telecommunica- tions (TSO, Broadband, and Other Matters) Amendment Act 2011 (2011 No 27).

Section 156A(1)(lc): inserted, on 1 July 2011, by section 24(2) of the Telecommunications (TSO, Broadband, and Other Matters) Amendment Act 2011 (2011 No 27).
Section 156A(1)(ld): inserted, on 1 July 2011, by section 24(2) of the Telecommunications (TSO, Broadband, and Other Matters) Amendment Act 2011 (2011 No 27).

Section 156A(1)(ma): amended, on 1 July 2011, by section 82(2) of the Telecommunications (TSO, Broadband, and Other Matters) Amendment Act 2011 (2011 No 27).
Section 156A(2): added, on 30 November 2011 (being the date of separation day, and an Order in Council (SR 2011/302) having been made under section 36), by section 64(2) of the Telecommunica- tions (TSO, Broadband, and Other Matters) Amendment Act 2011 (2011 No 27).
156B Enforcement actions that Commission may take (1) The Commission may take either of the following actions against a person to whom this section applies: (a) (b) serve a civil infringement notice on the person under section 156D; or apply to the High Court for an order, under section 156L, requiring the person to pay a pecuniary penalty to the Crown.

(2) This section does not limit any power conferred on the Commission by or under section 15 or any other enactment.
Section 156B: inserted, on 22 December 2006, by section 54 of the Telecommunications Amendment Act (No 2) 2006 (2006 No 83).
156C Matters that Commission must take into account in deciding what enforcement action to take In making a decision about what action to take under section 156B, the Com- mission must take into account the following matters: (a) (b) (c) (d) (e) (f) the seriousness of the alleged breach: the circumstances in which the alleged breach took place: whether or not the person who is alleged to have committed the breach has previously committed a breach of that kind or has engaged in any similar conduct: the culpability of the person who is alleged to have committed the breach: the nature and extent of any commercial gain resulting from the alleged breach: the nature and extent of any loss or damage suffered by any person as a result of the alleged breach.
Section 156C: inserted, on 22 December 2006, by section 54 of the Telecommunications Amendment Act (No 2) 2006 (2006 No 83).

170 Reprinted as at 28 May 2015 Telecommunications Act 2001 Part 4A s 156F Civil infringement notice Heading: inserted, on 22 December 2006, by section 54 of the Telecommunications Amendment Act (No 2) 2006 (2006 No 83).
156D Civil infringement notice (1) A civil infringement notice must be served within 12 months after the day on which a breach of any of the provisions set out in section 156A is alleged to have been committed.
(2) A civil infringement notice must be in the prescribed form and must contain the following particulars: (a) (b) (c) (d) (e) (f) sufficient details to inform the person issued with the notice of the time, manner, and nature of the alleged breach: the amount of the pecuniary penalty prescribed to be paid for the alleged breach: the address at which the pecuniary penalty may be paid or an explan- ation of how payment of the pecuniary penalty is to be made, or both: the time within which the pecuniary penalty must be paid: a statement of what may happen if the person does not pay the pecuniary penalty by that time: a statement of the person’s right to object, under section 156E, to the no- tice: (g) any other prescribed information (if any).
Section 156D: inserted, on 22 December 2006, by section 54 of the Telecommunications Amendment Act (No 2) 2006 (2006 No 83).
156E Objection to civil infringement notice (1) A person who has been served with a civil infringement notice may make a written objection to the Commission on either or both of the following grounds: (a) (b) that the person has not committed the alleged breach: that the amount of the pecuniary penalty specified in the notice is exces- sive having regard to the nature of the alleged breach.
(2) An objection must— (a) (b) contain the prescribed information; and be made within the prescribed time and in the prescribed manner.

Section 156E: inserted, on 22 December 2006, by section 54 of the Telecommunications Amendment Act (No 2) 2006 (2006 No 83).
156F Commission must consider objection (1) The Commission must— (a) consider every objection made in accordance with section 156E; and 171 Part 4A s 156G Telecommunications Act 2001 Reprinted as at 28 May 2015 (b) (c) decide whether to refuse or accept an objection within 10 working days after the date on which the objection is made; and promptly give written notice of its decision and the reasons for its deci- sion to the person who made the objection.
(2) If the Commission refuses the objection, the notice under subsection (1)(c) must also contain the following particulars: (a) (b) (c) (d) the address at which the pecuniary penalty may be paid or an explan- ation of how payment of the pecuniary penalty is to be made, or both: a time within which the pecuniary penalty must be paid: a statement of what may happen if the person does not pay the pecuniary penalty by that time: a statement of the person’s right to appeal, under section 156I, against the Commission’s decision to refuse the objection.
(3) If the Commission accepts the objection, the notice under subsection (1)(c) must also contain a statement that the civil infringement notice has been with- drawn.

Section 156F: inserted, on 22 December 2006, by section 54 of the Telecommunications Amendment Act (No 2) 2006 (2006 No 83).
156G Effect of withdrawal of civil infringement notice (1) A person who has been served with a civil infringement notice is discharged from any liability for a breach specified in the notice if the Commission with- draws the notice— (a) (b) on its own initiative; or in accordance with section 156F(3).

(2) The Commission must refund the pecuniary penalty specified in a civil in- fringement notice if the notice is withdrawn after the penalty was paid.
Section 156G: inserted, on 22 December 2006, by section 54 of the Telecommunications Amendment Act (No 2) 2006 (2006 No 83).

156H Consequence of not paying pecuniary penalty specified in civil infringement notice (1) The consequence specified in subsection (2) applies if a person— (a) (b) is served with a civil infringement notice; and fails to pay the whole, or any part, of the pecuniary penalty on or before the later of the time specified in that notice or in the notice under section 156F(1)(c).
(2) The consequence is that the Commission may recover from the person, as a debt due to the Commission, in a District Court,— (a) the unpaid portion of the pecuniary penalty; and 172 Reprinted as at 28 May 2015 Telecommunications Act 2001 Part 4A s 156K (b) the actual and reasonable costs of recovery awarded against the person by that court.
(3) In any proceedings for the recovery of a debt under this section, the District Court must not enter judgment in favour of the Commission unless it is satis- fied that the circumstances referred to in subsection (1) exist.

Section 156H: inserted, on 22 December 2006, by section 54 of the Telecommunications Amendment Act (No 2) 2006 (2006 No 83).
156I Right to appeal (1) A person may appeal to a District Court if the person is dissatisfied with a deci- sion of the Commission to refuse the person’s objection to a civil infringement notice.

(2) An appeal under subsection (1) must be brought within 20 working days after the date on which the notice under section 156F(1)(c) is given.

(3) An appeal under subsection (1) does not operate as a stay of the civil infringe- ment notice.
Section 156I: inserted, on 22 December 2006, by section 54 of the Telecommunications Amendment Act (No 2) 2006 (2006 No 83).

156J Decision on appeal (1) A District Court must determine an appeal under section 156I by dismissing or allowing the appeal.

(2) (3) If the District Court dismisses an appeal, the dismissal must be taken to be an order for the payment of the pecuniary penalty specified in the civil infringe- ment notice to which the decision under appeal relates.
If the District Court allows an appeal, it may make an order that the pecuniary penalty specified in the civil infringement notice to which the decision under appeal relates— (a) (b) is varied or cancelled; or is to be refunded to the person, if the appeal is allowed after the penalty was paid to the Commission or was recovered as a debt due to the Com- mission under section 156H.

Section 156J: inserted, on 22 December 2006, by section 54 of the Telecommunications Amendment Act (No 2) 2006 (2006 No 83).
156K Commission may publish information about issue of civil infringement notice (1) The Commission may, in any manner that it thinks fit, publish a notice that contains information or statements to the following effect: (a) a statement that a person has been served with a civil infringement no- tice under this Act: (b) the name of the person concerned: 173 Part 4A s 156L Telecommunications Act 2001 Reprinted as at 28 May 2015 (c) (d) (e) the nature of the breach in respect of which the civil infringement notice was issued: the amount of the pecuniary penalty prescribed to be paid for the breach: any other prescribed information.
(2) The Commission must not exercise its powers under subsection (1)— (a) (b) (c) (d) before the close of the prescribed time for making an objection under section 156E in respect of the relevant civil infringement notice; or if an objection is made under section 156E before the close of that pre- scribed time and the Commission refuses the objection, before the close of the period for bringing an appeal under section 156I in respect of the relevant civil infringement notice; or if the Commission withdraws the relevant civil infringement notice under section 156F; or if an appeal under section 156I is brought in respect of the relevant civil infringement notice during that appeal period and the District Court al- lows the appeal by cancelling the pecuniary penalty specified in that no- tice.
Section 156K: inserted, on 22 December 2006, by section 54 of the Telecommunications Amendment Act (No 2) 2006 (2006 No 83).

Pecuniary penalty Heading: inserted, on 22 December 2006, by section 54 of the Telecommunications Amendment Act (No 2) 2006 (2006 No 83).
156L Pecuniary penalty (1) The High Court may order a person to pay to the Crown any pecuniary penalty that the court determines to be appropriate if the High Court is satisfied, on the application of the Commission, that— (a) (ab) (b) the person has failed, without reasonable excuse, to comply with an undertaking under Part 2A; or the person has failed, without reasonable excuse, to comply with an undertaking under Part 4AA; or the person has committed a breach of any of the provisions set out in section 156A.
(2) In determining an appropriate remedy to be imposed under this section, the High Court must have regard to all relevant matters, including— (a) (b) the nature and extent of any commercial gain; and if subsection (1)(ab) applies, the size of the service provider.
(3) The amount of any pecuniary penalty for each act or omission must not ex- ceed— (a) $10 million for a breach referred to in subsection (1)(a); and 174 Reprinted as at 28 May 2015 Telecommunications Act 2001 Part 4A s 156L (ab) $10 million for a breach referred to in subsection (1)(ab) (Part 4AA undertakings—UFB and RBI); and (b) $10 million for a breach referred to in section 69L (failure to comply with or amend sharing arrangements); and (ba) $10 million for a breach referred to in section 69T (line of business re- strictions); and (bb) $10 million for a breach referred to in section 69XG (Chorus undertak- ings); and (bc) $1 million for a breach referred to in section 156A(fa) (obligation in sec- tion 69F to notify sharing arrangements); and (bd) $1 million for a breach referred to in section 156A(fb) (obligation in sec- tion 69H to comply with Commission’s investigation, etc, powers); and (c) $300,000 in any other case.
(4) (5) (6) The standard of proof in proceedings under this section is the standard of proof that applies in civil proceedings.

Proceedings under this section may be commenced within 3 years after the matter giving rise to the breach was discovered or ought reasonably to have been discovered.
If conduct by a person constitutes a breach of 2 or more provisions referred to in subsection (1), proceedings may be commenced under this section against that person in relation to the breach of any 1 or more of those provisions.

(7) However, no person is liable to more than 1 pecuniary penalty under this sec- tion for the same conduct.

Section 156L: inserted, on 22 December 2006, by section 54 of the Telecommunications Amendment Act (No 2) 2006 (2006 No 83).
Section 156L(1)(a): amended, on 30 November 2011 (being the date of separation day, and an Order in Council (SR 2011/302) having been made under section 36), by section 65(1) of the Telecommuni- cations (TSO, Broadband, and Other Matters) Amendment Act 2011 (2011 No 27).

Section 156L(1)(ab): inserted, on 1 July 2011, by section 83(1) of the Telecommunications (TSO, Broadband, and Other Matters) Amendment Act 2011 (2011 No 27).
Section 156L(2): substituted, on 1 July 2011, by section 83(2) of the Telecommunications (TSO, Broadband, and Other Matters) Amendment Act 2011 (2011 No 27).

Section 156L(3)(ab): inserted, on 1 July 2011, by section 83(3) of the Telecommunications (TSO, Broadband, and Other Matters) Amendment Act 2011 (2011 No 27).
Section 156L(3)(b): substituted, on 30 November 2011 (being the date of separation day, and an Order in Council (SR 2011/302) having been made under section 36), by section 65(2) of the Tele- communications (TSO, Broadband, and Other Matters) Amendment Act 2011 (2011 No 27).
Section 156L(3)(ba): inserted, on 30 November 2011 (being the date of separation day, and an Order in Council (SR 2011/302) having been made under section 36), by section 65(2) of the Telecommuni- cations (TSO, Broadband, and Other Matters) Amendment Act 2011 (2011 No 27).
Section 156L(3)(bb): inserted, on 30 November 2011 (being the date of separation day, and an Order in Council (SR 2011/302) having been made under section 36), by section 65(2) of the Telecommuni- cations (TSO, Broadband, and Other Matters) Amendment Act 2011 (2011 No 27).
175 Part 4A s 156M Telecommunications Act 2001 Reprinted as at 28 May 2015 Section 156L(3)(bc): inserted, on 30 November 2011 (being the date of separation day, and an Order in Council (SR 2011/302) having been made under section 36), by section 65(2) of the Telecommuni- cations (TSO, Broadband, and Other Matters) Amendment Act 2011 (2011 No 27).
Section 156L(3)(bd): inserted, on 30 November 2011 (being the date of separation day, and an Order in Council (SR 2011/302) having been made under section 36), by section 65(2) of the Telecommuni- cations (TSO, Broadband, and Other Matters) Amendment Act 2011 (2011 No 27).
156M Further penalty may be imposed for continuing breach (1) In addition to a pecuniary penalty imposed under section 156L, the High Court may, for a continuing breach of any of the provisions referred to in section 156L(1), impose for each day or part of a day during which the breach con- tinues a further penalty of— (a) $500,000 for a breach referred to in section 156L(1)(a); and (aa) $500,000 for a breach referred to in section 69L; and (ab) $500,000 for a breach referred to in section 69T; and (ac) $50,000 for a breach referred to in section 156A(fa) or (fb); and (b) $50,000 for a breach referred to in section 156A(g) in relation to an in- formation disclosure requirement made under section 69ZC(4) or 69ZF(2); and (c) $10,000 for any other case.
(2) To avoid doubt, any further penalty under subsection (1) may be imposed only in respect of the period that— (a) begins on the day on which the pecuniary penalty was imposed under section 156L; and (b) ends on the day on which the breach is remedied.

Section 156M: inserted, on 22 December 2006, by section 54 of the Telecommunications Amend- ment Act (No 2) 2006 (2006 No 83).
Section 156M(1)(aa): inserted, on 30 November 2011 (being the date of separation day, and an Order in Council (SR 2011/302) having been made under section 36), by section 66 of the Telecommunica- tions (TSO, Broadband, and Other Matters) Amendment Act 2011 (2011 No 27).
Section 156M(1)(ab): inserted, on 30 November 2011 (being the date of separation day, and an Order in Council (SR 2011/302) having been made under section 36), by section 66 of the Telecommunica- tions (TSO, Broadband, and Other Matters) Amendment Act 2011 (2011 No 27).
Section 156M(1)(ac): inserted, on 30 November 2011 (being the date of separation day, and an Order in Council (SR 2011/302) having been made under section 36), by section 66 of the Telecommunica- tions (TSO, Broadband, and Other Matters) Amendment Act 2011 (2011 No 27).

Section 156M(1)(b): amended, on 1 July 2011, by section 50 of the Telecommunications (TSO, Broadband, and Other Matters) Amendment Act 2011 (2011 No 27).
Subpart 2—Enforcement of determinations, approved codes, and undertakings Subpart 2: inserted, on 22 December 2006, by section 54 of the Telecommunications Amendment Act (No 2) 2006 (2006 No 83).

176 Reprinted as at 28 May 2015 Telecommunications Act 2001 Part 4A s 156O Subpart 2 heading: amended, on 1 July 2011, by section 84 of the Telecommunications (TSO, Broad- band, and Other Matters) Amendment Act 2011 (2011 No 27).
156N Interpretation In sections 156O to 156R,— enforceable matter means any of the following: (a) (b) (c) (d) (e) a determination made under section 27: a standard terms determination made under section 30M: a residual terms determination made under section 30ZB: a designated multinetwork service determination made under section 39: an undertaking under Part 2A: (ea) an undertaking under Part 4AA: (f) (g) an approved code under Schedule 2: a registered undertaking under Schedule 3A party means a party to an enforceable matter and includes, in the case of an undertaking under Part 2A or 4AA, any provider of a telecommunications serv- ice that is affected by a breach of the undertaking.
Section 156N: inserted, on 22 December 2006, by section 54 of the Telecommunications Amendment Act (No 2) 2006 (2006 No 83).

Section 156N enforceable matter paragraph (e): amended, on 1 July 2011, by section 85(1) of the Telecommunications (TSO, Broadband, and Other Matters) Amendment Act 2011 (2011 No 27).

Section 156N enforceable matter paragraph (ea): inserted, on 1 July 2011, by section 85(2) of the Telecommunications (TSO, Broadband, and Other Matters) Amendment Act 2011 (2011 No 27).
Section 156N party: substituted, on 1 July 2011, by section 85(3) of the Telecommunications (TSO, Broadband, and Other Matters) Amendment Act 2011 (2011 No 27).

156O Complaints of breach of enforceable matter (1) The following persons may make a written complaint to the Commission alleg- ing a breach of an enforceable matter: (a) an access seeker or an access provider of a designated service or a speci- fied service: (b) in the case of an undertaking under Part 2A or 4AA, a party.
(2) As soon as reasonably practicable after receiving a complaint, the Commission must consider the complaint to decide— (a) whether to take no action on the complaint; or (b) whether to take either or both of the following actions: (i) to amend the enforceable matter for the purpose of making a clari- fication (if the complaint relates, or appears to relate, to a dispute over the interpretation of the terms or conditions of the enforcea- ble matter and the dispute has not previously been submitted to 177 Part 4A s 156P Telecommunications Act 2001 Reprinted as at 28 May 2015 (3) (4) (5) (6) (7) any dispute resolution procedure that is included in the enforcea- ble matter): (ii) to take, or join another party in taking, enforcement action for the enforceable matter in the High Court under section 156P.
In deciding whether to take the action referred to in subsection (2)(b)(i), the Commission must consult with interested parties.
In deciding whether to take the action referred to in subsection (2)(b)(ii), the Commission— (a) must consider,— (i) (ii) (iii) in the case of a complaint by a person referred to in subsection (1)(a), the purpose set out in section 18; and in the case of a complaint by a party relating to an undertaking under Part 2A, the purpose set out in section 69W; and in the case of a complaint by a party relating to an undertaking under Part 4AA, the purposes set out in section 156AC; and (b) may consider the financial means of the complainant.
For the purposes of subsection (2)(b)(i), section 58 applies to the enforceable matter with any necessary modifications.

The Commission must promptly give written notice to the complainant of the Commission’s decision on the complaint.

Subsection (2)(b)(i) does not apply in the case of an undertaking under Part 2A or 4AA.

Section 156O: inserted, on 22 December 2006, by section 54 of the Telecommunications Amendment Act (No 2) 2006 (2006 No 83).
Section 156O(1): substituted, on 1 July 2011, by section 86(1) of the Telecommunications (TSO, Broadband, and Other Matters) Amendment Act 2011 (2011 No 27).

Section 156O(1)(b): substituted, on 30 November 2011 (being the date of separation day, and an Order in Council (SR 2011/302) having been made under section 36), by section 67(1) of the Tele- communications (TSO, Broadband, and Other Matters) Amendment Act 2011 (2011 No 27).
Section 156O(4): substituted, on 1 July 2011, by section 86(2) of the Telecommunications (TSO, Broadband, and Other Matters) Amendment Act 2011 (2011 No 27).

Section 156O(4)(a)(ii): substituted, on 30 November 2011 (being the date of separation day, and an Order in Council (SR 2011/302) having been made under section 36), by section 67(2) of the Tele- communications (TSO, Broadband, and Other Matters) Amendment Act 2011 (2011 No 27).
Section 156O(7): substituted, on 1 July 2011, by section 86(3) of the Telecommunications (TSO, Broadband, and Other Matters) Amendment Act 2011 (2011 No 27).

156P Enforcement by High Court (1) An enforceable matter may be enforced by a party or the Commission, or both, filing it in the prescribed form in the Wellington Registry of the High Court.
(2) The Commission may,— 178 Reprinted as at 28 May 2015 Telecommunications Act 2001 Part 4A s 156R (a) (b) for a breach of a determination made under section 27 or a standard terms determination made under section 30M, enforce the enforceable matter only if it has received a complaint of the breach under section 156O; and for a breach of a designated multinetwork service determination, an ap- proved code, a registered undertaking, an undertaking under Part 2A or 4AA, enforce the enforceable matter on its own initiative (whether or not it has received a complaint of the breach under section 156O).
(3) An enforceable matter filed in the High Court under subsection (1) is enforcea- ble as a judgment of the High Court in its civil jurisdiction.

(4) An enforceable matter is enforceable in accordance with subsection (3) during the period in which the matter continues in force.
(5) A party who has filed a determination under subsection (1) must file in the pre- scribed form in the High Court any clarification of the determination under sec- tion 58 or reconsideration of the determination under section 59.

Section 156P: inserted, on 22 December 2006, by section 54 of the Telecommunications Amendment Act (No 2) 2006 (2006 No 83).

Section 156P(2)(b): amended, on 1 July 2011, by section 87 of the Telecommunications (TSO, Broadband, and Other Matters) Amendment Act 2011 (2011 No 27).
156Q Remedies for breach of enforceable matter (1) This section applies if an enforceable matter is filed in the High Court under section 156P(1).
(2) On the application of the Commission, the High Court may, in addition to any other remedies available to the court, order any person to pay to the Crown any pecuniary penalty that the court determines to be appropriate if satisfied that— (a) (b) the person has committed a breach of the enforceable matter; and the amount of any compensatory damages that the court can award against that person for the breach is less than the value of any commer- cial gain resulting from the breach.
(3) (4) The standard of proof in any proceedings under this section is the standard of proof that applies in civil proceedings.

Proceedings under this section may be commenced within 3 years after the matter giving rise to the breach was discovered or ought reasonably to have been discovered.

Section 156Q: inserted, on 22 December 2006, by section 54 of the Telecommunications Amendment Act (No 2) 2006 (2006 No 83).
156R Limit on amount of pecuniary penalty The amount of any pecuniary penalty imposed under section 156Q(2) must not exceed the value of any commercial gain resulting from the breach of the en- 179 Part 5 s 157AA Telecommunications Act 2001 Reprinted as at 28 May 2015 forceable matter, less the amount of any compensatory damages that the court decides to award against the person who has committed the breach.
Section 156R: inserted, on 22 December 2006, by section 54 of the Telecommunications Amendment Act (No 2) 2006 (2006 No 83).
Part 5 Miscellaneous 157AA Minister must review regulatory framework (1) The Minister must, not later than 30 September 2016, commence a review of the policy framework for regulating telecommunications services in New Zea- land, taking account of the market structure and technology developments and competitive conditions in the telecommunications industry at the time of the re- view, including the impact of fibre, copper, wireless, and other telecommunica- tions network investment.
(2) The review must— (a) consider whether the existing regulatory framework under the Telecom- munications Act 2001 is the most effective means to— (i) (ii) (iii) promote competition for the long-term benefit of end-users; and promote the legitimate commercial interests of access providers and access seekers; and encourage efficient investment for the long-term benefit of end- users, by— (A) (B) providing investors with an expectation of a reasonable re- turn on their investment; and providing sufficient regulatory stability, transparency, and certainty to enable businesses to make long-term invest- ments; and (iv) support innovation in telecommunications markets, or deregula- tion where sufficient competition exists; and (b) assess whether alternative regulatory frameworks, including (without limitation) generic price control, would be a preferable and more effect- ive means of achieving these outcomes.
(3) In carrying out the review, the Minister must— (a) consult with interested parties, including the Commission, industry par- ticipants, consumers, and Māori; and (b) take into account— (i) the extent of network coverage of services provided on fibre, cop- per, wireless, and other telecommunications networks; and 180 Reprinted as at 28 May 2015 Telecommunications Act 2001 Part 5 s 157 (ii) (iii) (iv) (v) (vi) (vii) the level of investment in fibre, copper, wireless, and other tele- communications networks, and the ability of access providers to recover that investment within a reasonable period; and the ability of access providers to achieve, within a reasonable period, reasonable rates of return on their investment in telecom- munications networks that adequately reflect the risks assumed by those access providers when the relevant investments were made; and the level of competition in relevant telecommunications markets; and the effects of the regulatory framework under this Act on invest- ment in fibre, copper, wireless, and other telecommunications net- works, and on outcomes for end-users; and the sustainability of the regulatory framework under this Act, given developments in technology and convergence of traditional telecommunications markets; and the importance of any regulatory intervention being proportionate, having regard to the problems being addressed, the size of the relevant market, and the number and size of the potentially regu- lated entities; and (viii) developments in wireless solutions and whether they should be part of any telecommunications regulation; and (ix) experience in comparable jurisdictions and economic relations with Australia, weighed against what is appropriate for New Zea- land conditions and the make-up and history of New Zealand’s telecommunications markets; and (x) any other matters that the Minister considers relevant.
(4) The Minister must use his or her best endeavours to ensure that the review is completed no later than 31 March 2019.

Section 157AA: inserted, on 1 July 2011, by section 25 of the Telecommunications (TSO, Broad- band, and Other Matters) Amendment Act 2011 (2011 No 27).
157 Regulations The Governor-General may, by Order in Council made on the recommendation of the Minister, make regulations for all or any of the following purposes: (a) (b) prescribing matters in respect of which fees are payable under this Act and the amounts of those fees: authorising the Commission in its discretion, or on any grounds that may be prescribed, to refund, in whole or in part, any prescribed fee that has been paid under this Act: (c) prescribing forms for the purposes of this Act: 181 Part 5 s 158 Telecommunications Act 2001 Reprinted as at 28 May 2015 (ca) prescribing the form in which a civil infringement notice must be served under section 156D: (cb) prescribing the amount of the pecuniary penalty that must be specified in a civil infringement notice under section 156D(2)(b) (which may not ex- ceed $2,000): (cc) prescribing the time within and the manner in which a written objection to a civil infringement notice must be made under section 156E and the information to be included in that written objection: (cd) prescribing any other information that a notice published by the Com- mission under section 156K may contain: (ce) prescribing the procedures or minimum standards to be followed by a consumer complaints adjudicator in dealing with complaints under a consumer complaints system: (cf) specifying the time frames within which the procedures or minimum standards prescribed under paragraph (ce) must be followed: (cg) prescribing requirements and other matters concerning the operation and administration of a consumer complaints system: (ch) (d) setting out minimum requirements for emergency call services and spe- cifying which persons are subject to those requirements: providing for any other matters contemplated by this Act, necessary for its administration, or necessary for giving it full effect.
Section 157(ca): inserted, on 22 December 2006, by section 55 of the Telecommunications Amend- ment Act (No 2) 2006 (2006 No 83).

Section 157(cb): inserted, on 22 December 2006, by section 55 of the Telecommunications Amend- ment Act (No 2) 2006 (2006 No 83).

Section 157(cc): inserted, on 22 December 2006, by section 55 of the Telecommunications Amend- ment Act (No 2) 2006 (2006 No 83).
Section 157(cd): inserted, on 22 December 2006, by section 55 of the Telecommunications Amend- ment Act (No 2) 2006 (2006 No 83).

Section 157(ce): inserted, on 22 December 2006, by section 55 of the Telecommunications Amend- ment Act (No 2) 2006 (2006 No 83).

Section 157(cf): inserted, on 22 December 2006, by section 55 of the Telecommunications Amend- ment Act (No 2) 2006 (2006 No 83).
Section 157(cg): inserted, on 22 December 2006, by section 55 of the Telecommunications Amend- ment Act (No 2) 2006 (2006 No 83).

Section 157(ch): inserted, on 22 December 2006, by section 55 of the Telecommunications Amend- ment Act (No 2) 2006 (2006 No 83).

158 Enactments amended The enactments specified in Schedule 4 are amended in the manner indicated in that schedule.
182 Reprinted as at 28 May 2015 Telecommunications Act 2001 Part 5 s 161 159 Certain provisions in 1987 Act repealed (1), (2) Amendment(s) incorporated in the Act(s).

(3) After the commencement of this Act, the 1987 Act is called the Telecommuni- cations (Residual Provisions) Act 1987.

(4) Amendment(s) incorporated in the Act(s).
160 Transitional provision for declarations made under section 2A of 1987 Act (1) Despite the repeal of section 2A of the 1987 Act by section 159, every declar- ation made under section 2A of the 1987 Act and in force immediately before the commencement of this Act continues in force and has full effect until the declaration is revoked,— (a) (b) in the case of a declaration made by Order in Council, by the Governor- General by Order in Council made on the recommendation of the Minis- ter; or in the case of a declaration made by the Minister, by the Minister by no- tice in the Gazette.
(2) The Minister must make a recommendation under subsection (1)(a) or revoke a declaration under subsection (1)(b) (as the case may be) if the Minister is satis- fied that the network operator has ceased to provide— (a) (b) facilities for telecommunication between 10 or more other persons that enable at least 10 of those persons to communicate with each other; or facilities for broadcasting to 500 or more other persons that enable pro- grammes to be transmitted along a line or lines to each of those persons.
(3) A notice in the Gazette under subsection (1)(b) is a disallowable instrument, but not a legislative instrument, for the purposes of the Legislation Act 2012 and must be presented to the House of Representatives under section 41 of that Act.

Section 160(3): replaced, on 5 August 2013, by section 77(3) of the Legislation Act 2012 (2012 No 119).
161 Transitional provision relating to repeal of section 5C of 1987 Act Despite any enactment or rule of law, any requirements under Part 2 or regula- tion 7 of the Telecommunications (Information Disclosure) Regulations 1999 (SR 1999/383) with which Telecom had to comply before the repeal of section 5C of the 1987 Act cease to have effect as if those regulations had not been made.
183 Schedule 1 Telecommunications Act 2001 Reprinted as at 28 May 2015 Schedule 1 Designated services and specified services ss 4, 5, 10, 19, 29, 45, 46, 49(a), 52(a), 66– 68 Part 1 Preliminary Subpart 1—Interpretation and application provisions 1 Interpretation In this schedule, unless the context otherwise requires,— actual costs saved means the net costs saved by supplying the service on a wholesale rather than a retail basis to the access seeker avoided costs saved means the difference in the access provider’s costs be- tween supplying the service on a wholesale basis only and supplying the serv- ice on both a wholesale and retail basis, including a share of retail-specific fixed costs Chorus’s local telephone exchange means a local telephone exchange (or equivalent facility) where Chorus’s local loop network terminates, whether that local telephone exchange is owned and operated by Chorus or by any other per- son fixed telecommunications network means— (a) (b) (c) (d) (e) (f) any lines between a user’s premises and the local telephone exchange or equivalent facility: any fixed PSTN: any telecommunications links between fixed PSTNs: any fixed PDN: any telecommunications links between fixed PDNs: any value-added telecommunications services associated with telecom- munications services provided by those assets forward-looking common costs— (a) means those costs efficiently incurred by the service provider in provid- ing the service that are not directly attributable to providing an addition- al unit to that
 service; but (b) does not include any costs incurred by the service provider in relation to a TSO instrument 184 Reprinted as at 28 May 2015 Telecommunications Act 2001 Schedule 1 geographically averaged price means a price that is calculated as an average of all geographically non-averaged prices for a designated service throughout the geographical extent of New Zealand local loop network means that part of Chorus’s copper network that connects the end-user’s building (or, where relevant, the building’s distribution frame) to the handover point in Chorus’s local telephone exchange (including where it passes through a distribution cabinet) or distribution cabinet (or equivalent fa- cility) third generation cellular telephone network means a cellular telephone net- work based on the IMT 2000 set of radio technology standards as recognised by the International Telecommunication Union TSLRIC, in relation to a telecommunications service,— (a) means the forward-looking costs over the long run of the total quantity of the facilities and functions that are directly attributable to, or reason- ably identifiable as incremental to, the service, taking into account the service provider’s provision of other telecommunications services; and (b) includes a reasonable allocation of forward-looking common costs.
Schedule 1 clause 1 Chorus’s local telephone exchange: inserted, on 30 November 2011 (being the date of separation day, and an Order in Council (SR 2011/302) having been made under section 36), by section 68 of the Telecommunications (TSO, Broadband, and Other Matters) Amendment Act 2011 (2011 No 27).
Schedule 1 clause 1 geographically averaged price: inserted, on 30 November 2011 (being the date of separation day, and an Order in Council (SR 2011/302) having been made under section 36), by section 68 of the Telecommunications (TSO, Broadband, and Other Matters) Amendment Act 2011 (2011 No 27).
Schedule 1 clause 1 local loop network: substituted, on 30 November 2011 (being the date of separ- ation day, and an Order in Council (SR 2011/302) having been made under section 36), by section 68 of the Telecommunications (TSO, Broadband, and Other Matters) Amendment Act 2011 (2011 No 27).
2 (1) (2) 3 (1) Application of Baumol-Willig rule To avoid doubt, the Baumol-Willig rule does not apply in respect of any applic- able initial pricing principle or any applicable final pricing principle that pro- vides for a forward-looking cost-based pricing method as a possible pricing principle.
For the purposes of subclause (1), the Baumol-Willig rule means the pricing rule known as the Baumol-Willig rule as referred to in Telecom Corporation of New Zealand Ltd v Clear Communications Ltd (1994) 6 TCLR 138, PC.
Application of retail price minus avoided costs saved pricing principle In relation to a telecommunications service, in applying an applicable initial pricing principle or an applicable final pricing principle that takes a retail price for the service and subtracts any avoided costs saved by the applicable access provider of the service, the applicable access provider is not entitled to recover 185 Schedule 1 Telecommunications Act 2001 Reprinted as at 28 May 2015 any of the following things in respect of those costs that form part of the avoi- ded costs saved associated with its retail operations: (a) (b) inefficiencies in the provision of the service giving rise to higher costs: profits in excess of what would represent a reasonable return (including reasonable profit) on capital invested.
(2) Subclause (1) is for the avoidance of doubt.

4 Application of pricing principles for designated interconnection access services In applying an applicable initial pricing principle or an applicable final pricing principle, the Commission may choose different pricing principles for different call types of voice and data calls (including dial-up Internet data calls) or calls with significantly different characteristics for designated interconnection access services.
4A Application of pricing principles for Chorus’s unbundled copper local loop network and Chorus’s unbundled bitstream access In applying the initial pricing principle or the final pricing principle for the fol- lowing designated services, the Commission must determine a geographically averaged price: (a) (b) Chorus’s unbundled bitstream access service: Chorus’s unbundled copper local loop network service.
Schedule 1 clause 4A: inserted, on 30 November 2011 (being the date of separation day, and an Order in Council (SR 2011/302) having been made under section 36), by section 68 of the Telecommunica- tions (TSO, Broadband, and Other Matters) Amendment Act 2011 (2011 No 27).
4B Application of pricing principles for designated access services In applying an applicable initial pricing principle or an applicable final pricing principle, the Commission must ensure that an access provider of a designated service does not recover costs that the access provider is recovering in the price of a designated or specified service provided under a determination prepared under section 27 or 30M or a designated or specified service provided on com- mercial terms.
Schedule 1 clause 4B: inserted, on 30 November 2011 (being the date of separation day, and an Order in Council (SR 2011/302) having been made under section 36), by section 68 of the Telecommunica- tions (TSO, Broadband, and Other Matters) Amendment Act 2011 (2011 No 27).
Subpart 2—Standard access principles for designated access services and specified services 5 Standard access principles for designated access services and specified services The following standard access principles apply to designated access services and specified services: 186 Reprinted as at 28 May 2015 Telecommunications Act 2001 Schedule 1 (a) (b) (c) (d) principle 1: the access provider must provide the service to the access seeker in a timely manner: principle 2: the service must be supplied to a standard that is consistent with international best practice: principle 3: the access provider must provide the service on terms and conditions (excluding price) that are consistent with those terms and conditions on which the access provider provides the service to itself: principle 4: the access provider must, if requested, provide an access seeker with information about a designated access service or specified service at the same level of detail, and within the same time frame, that the access provider would provide that information had it been requested by one of its own business units.
Schedule 1 clause 5(d): added, on 22 December 2006, by section 56 of the Telecommunications Amendment Act (No 2) 2006 (2006 No 83).
6 (1) Limits on application of standard access principles set out in clause 5 Principles 1 to 4 set out in clause 5 are limited by the following factors: (a) (b) (c) (d) reasonable technical and operational practicability having regard to the access provider’s network: network security and safety: existing legal duties on the access provider to provide a defined level of service to users of the service: the inability, or likely inability, of the access seeker to comply with any reasonable conditions on which the service is supplied: (e) any request for a lesser standard of service from an access seeker.
(2) Principle 4 set out in clause 5— (a) (b) does not extend to any information about identifiable individual custom- ers of the access provider; and is subject to the requirement that any confidential information provided to the access seeker, in accordance with that principle, must be kept con- fidential to that access seeker.

Schedule 1 clause 6(1): amended, on 22 December 2006, by section 56 of the Telecommunications Amendment Act (No 2) 2006 (2006 No 83).
Schedule 1 clause 6(2): added, on 22 December 2006, by section 56 of the Telecommunications Amendment Act (No 2) 2006 (2006 No 83).
Part 2 Designated services Subpart 1—Designated access services Interconnection with a fixed PSTN 187 Schedule 1 Telecommunications Act 2001 Reprinted as at 28 May 2015 Description of service: Origination and termination (and their associated functions) of voice and data calls (including dial-up Internet calls) on a fixed PSTN Conditions: Access provider: Access seeker: Nil A person who operates a fixed PSTN A service provider who seeks access to the service Access principles: The standard access principles set out in clause 5 Limits on access principles: The limits set out in clause 6 Initial pricing principle: Benchmarking against interconnection prices in comparable countries that result from the application to networks that are similar to the access provider’s fixed PSTN of— (a) (b) a forward-looking cost-based pricing method; or if the Commission considers that a forward-looking cost- based pricing method does not best give effect to the purpose set out in section 18, whichever of the following methods that the Commission considers best gives effect to that purpose: (i) (ii) a pure bill and keep method; or a pure bill and keep method applied to two-way traffic in balance (or to a specified margin of out-of- balance traffic) and a forward-looking cost-based pricing method applied to out-of-balance traffic (or traffic beyond a specified out-of-balance margin) Final pricing principle: Either— (a) (b) TSLRIC; or if the Commission considers that TSLRIC does not best give effect to the purpose set out in section 18, whichever of the following methods that the Commission considers best gives effect to that purpose: (i) (ii) a pure bill and keep method; or a pure bill and keep method applied to two-way traffic in balance (or to a specified margin of out-of- balance traffic) and TSLRIC applied to out-of- balance traffic (or traffic beyond a specified out-of- balance margin) If TSLRIC is the final pricing principle, the Commission must, by notice in writing, require the access provider to calculate the price payable
 for the service in accordance with TSLRIC and any regulations relating to that principle not later than the time specified in the notice In applying the initial pricing principle and final pricing principle, the Commission must consider— (a) (b) incentives to terminate dial-up Internet traffic and other similar one-way traffic streams must be efficient; and the effect of any obligation under the TSO instrument to provide price-capped unlimited calls Requirement referred to in sec- tion 45 for final pricing prin- ciple: Additional matters that must be considered regarding applica- tion of section 18: Retail services offered by means of a fixed telecommunications network 188 Reprinted as at 28 May 2015 Description of service applic- able before the expiry of 3 years from separation day: Description of service applic- able after the expiry of 3 years from separation day: Telecommunications Act 2001 Schedule 1 A retail service that satisfies both of the following: (a) any of the following: (i) (ii) (iii) a non-price-capped local access and calling service; or a non-price-capped retail service (and its associated functions) supplying an access and calling service in a different form to the service described in subparagraph (i) (and including, for the avoidance of doubt, a service supplying ISDN digital access, or Centrex-based access or facsimile); or a value-added non-price-capped retail service that is supplied in conjunction with a service described in subparagraph (i) or (ii) above or a price-capped residential local access and calling service; and (b) a retail service offered by Telecom to end-users by means of a fixed telecommunications network in the following markets: (i) (ii) all markets in which Telecom faces limited, or is likely to face lessened, competition for that service: all, some, or no markets in which Telecom does not face limited, or is not likely to face lessened, competition for that service as determined by the Commission A retail service that
 satisfies both of the following: (a) either of the following: (i) (ii) a non-price-capped retail service (and its associated functions) supplying an access and calling service in a different form to a local access and calling service (and including, for the avoidance of doubt, a service supplying ISDN digital access, or Centrex-based access or facsimile); or a value-added non-price-capped retail service that is supplied in conjunction with a service described in subparagraph (i) above or a local access and calling service; and (b) a retail service offered by Telecom to end-users by means of a fixed telecommunications network in the following markets: (i) (ii) all markets in which Telecom faces limited, or is likely to face lessened, competition for that service: all, some, or no markets in which Telecom does not face limited, or is not likely to face lessened, competition for that service as determined by the Commission Access provider: Access seeker: Telecom A service provider who seeks access to the service Access principles: The standard access principles set out in clause 5 Limits on access principles: The limits set out in clause 6 Initial pricing principle: Either— 189 Schedule 1 Telecommunications Act 2001 Reprinted as at 28 May 2015 (a) (b) retail price less a discount benchmarked against discounts in comparable countries that apply retail price minus avoided costs saved pricing in respect of these services, in the case of a service offered by Telecom in markets in which Telecom faces limited, or is likely to face lessened, competition for that service; or retail price less a discount benchmarked against discounts in comparable countries that apply retail price minus actual costs saved pricing in respect of these services, in the case of a service offered by Telecom in markets in which Telecom does not face limited, or lessened, competition for that service Final pricing principle: Either— average or best retail price minus a discount comprising avoided costs saved
 pricing, in the case of a service offered by Telecom in markets in which Telecom faces limited, or is likely to face lessened, competition for that service; or average or best retail minus a discount comprising actual costs saved, in the case of a service offered by Telecom in markets in which Telecom does not face limited, or lessened, competition for that service (a) (b) Nil Nil Requirement referred to in sec- tion 45 or final pricing prin- ciple: Additional matters that must be considered regarding applica- tion of section 18: Local access and calling service offered by means of fixed telecommunications network Description of service applic- able before the expiry of 3 years from separation day: A price-capped residential local access and calling service offered by Telecom to end-users by means of a fixed telecommunications network in the following markets: (a) (b) all markets in which Telecom faces limited, or is likely to face lessened, competition for the service: all, some, or no markets in which Telecom does not face limited, or is not likely to face lessened, competition for price-capped residential local access and calling service as determined by the Commission Description of service applic- able after the expiry of 3 years from separation day: A local access and calling service offered by Telecom to end-users by means of a fixed telecommunications network in the following markets: (a) (b) all markets in which Telecom faces limited, or is likely to face lessened, competition for the service: all, some, or no markets in which Telecom does not face limited, or is not likely to face lessened, competition for the service as determined by the Commission That either— (a) Telecom faces limited, or is likely to face lessened, competition in a market for a price-capped residential local access and calling service offered by Telecom to end-users; or Conditions applicable before the expiry of 3 years from sep- aration day: 190 Reprinted as at 28 May 2015
 Telecommunications Act 2001 Schedule 1 Conditions applicable after the expiry of 3 years from separ- ation day: (b) Telecom does not face limited, or is not likely to face lessened, competition for a price-capped residential local access and calling service offered by Telecom to end-users, and the Commission has decided to require a local access and calling service to be wholesaled That either— (a) (b) Telecom faces limited, or is likely to face lessened, competition in a market for a local access and calling service offered by Telecom to end-users; or Telecom does not face limited, or is not likely to face lessened, competition for a local access and calling service offered by Telecom to end-users, and the Commission has decided to require a local access and calling service to be wholesaled Access provider: Access seeker: Telecom A service provider who seeks access to the service Access principles: The standard access principles set out in clause 5 Limits on access principles The limits set out in clause 6 Initial pricing principle applic- able before the expiry of 3 years from separation day Telecom’s standard price for its price-capped residential local access and calling service offered to end-users by means of a fixed telecommunications network in the relevant market, minus 2% Initial pricing principle applic- able after the expiry of 3 years from separation day: For a price-capped residential local access and calling service, either— (a) (b) Telecom’s standard price for its price-capped residential local access and calling service offered to end-users by means of a fixed telecommunications network in the relevant market, minus 2%; or if a person is also purchasing Chorus’s unbundled bitstream access service in relation to the relevant subscriber line, the price in paragraph (a) minus the price for Chorus’s full unbundled copper local loop network plus the relevant price (if any) in either paragraph (b) of the initial pricing principle or paragraph (b) of
 the final pricing principle for Chorus’s unbundled copper low frequency service For a non-price-capped local access and calling service, either— (a) (b) (c) retail price less a discount benchmarked against discounts in comparable countries that apply retail price minus avoided costs saved pricing in respect of these services, in the case of a service offered by Telecom in markets in which Telecom faces limited, or is likely to face lessened, competition for that service; or retail price less a discount benchmarked against discounts in comparable countries that apply retail price minus actual costs saved pricing in respect of these services, in the case of a service offered by Telecom in markets in which Telecom does not face limited, or lessened, competition for that service; or if a person is also purchasing Chorus’s unbundled bitstream access service in relation to the relevant subscriber line, the price in paragraph (a) minus the price for Chorus’s full 191 Schedule 1 Telecommunications Act 2001 Reprinted as at 28 May 2015 (d) unbundled copper local loop network plus the relevant price (if any) in either paragraph (b) of the initial pricing principle or paragraph (b) of the final pricing principle for Chorus’s unbundled copper low frequency service; or if a person is also purchasing Chorus’s unbundled bitstream access service in relation to the relevant subscriber line, the price in paragraph (b) minus the price for Chorus’s full unbundled copper local loop network plus the relevant price (if any) in either paragraph (b) of the initial pricing principle or paragraph (b) of the final pricing principle for Chorus’s unbundled copper low frequency service Final pricing principle applic- able before the expiry of 3 years from separation day Telecom’s standard price for its price-capped residential local access and calling service offered to end-users by means of a fixed telecommunications network in the relevant market, minus actual costs saved Final pricing
 principle applic- able after the expiry of 3 years from separation day: For a price-capped local access and calling service, either— (a) (b) Telecom’s standard price for its price-capped residential local access and calling service offered to end-users by means of a fixed telecommunications network in the relevant market, minus actual costs saved; or if a person is also purchasing Chorus’s unbundled bitstream access service in relation to the relevant subscriber line, the price in paragraph (a) minus the price for Chorus’s full unbundled copper local loop network plus the relevant price (if any) in either paragraph (b) of the initial pricing principle or paragraph (b) of the final pricing principle for Chorus’s unbundled copper low frequency service For a non-price-capped local access and calling service, either— (a) (b) (c) (d) average or best retail price minus a discount comprising avoided costs saved pricing, in the case of a service offered by Telecom in markets in which Telecom faces limited, or is likely to face lessened, competition for that service; or average or best retail price minus a discount comprising actual costs saved, in the case of a service offered by Telecom in markets in which Telecom does not face limited, or is not likely to face lessened, competition for that service; or if a person is also purchasing Chorus’s unbundled bitstream access service in relation to the relevant subscriber line, the price in paragraph (a) minus the price for Chorus’s full unbundled copper local loop network plus the relevant price (if any) in either paragraph (b) of the initial pricing principle or paragraph (b) of the final pricing principle for Chorus’s unbundled copper low frequency service; or if a person is also purchasing Chorus’s unbundled bitstream access service in relation to the relevant subscriber line, the price in paragraph (b) minus the price for Chorus’s full unbundled copper local loop network plus the relevant price (if any) in either paragraph
 (b) of the initial pricing principle or paragraph (b) of the final pricing principle for Chorus’s unbundled copper low frequency service Requirement referred to in sec- tion 45 or final pricing prin- ciple: Nil 192 Reprinted as at 28 May 2015 Telecommunications Act 2001 Schedule 1 Additional matters that must be considered regarding applica- tion of section 18: Nil Retail services offered by means of a fixed telecommunications network as part of bundle of retail services Description of service: A retail service that— (a) (b) is, or has previously been, offered separately by Telecom to end-users by means of a fixed telecommunications network; and is offered by Telecom to end-users as part of a bundle of retail services— (i) (ii) in markets in which Telecom faces limited, or is likely to face lessened, competition for that service; and if the effect of the bundled price is likely to significantly reduce the ability of an efficient rival to contest the market Conditions: Access provider: Access seeker: Nil Telecom A service provider who seeks access to the service Access principles: The standard access principles set out in clause 5 Limits on access principles: The limits set out in clause 6 Initial pricing principle: The wholesale price for the retail service is— (a) in the case of Telecom’s price-capped residential access and calling service, the amount calculated using the following formula: a × ( (100 – b) 100 ) = c where— a is the imputed retail price for the service.
The imputed retail price must— (i) (ii) be based on the observed discount of the bundle relative to the total price of the services offered separately; and take into account any price difference that arises from the lower cost of providing the services as a bundle, the lower cost of quantity supply, any difference in the cost of providing the services between different markets, and from any other difference in cost b c is a 2% discount is the wholesale price (b) in the case of any other telecommunications service offered by Telecom in a bundle of retail services by means of its fixed telecommunications network, the amount calculated using the following formula: 193 Schedule 1 Telecommunications Act 2001 Reprinted as at 28 May 2015 a × ( (100 – b) 100 ) = c where— a is the imputed retail price for the service.
The imputed retail price must— (i) (ii) be based on the observed discount of the bundle relative to the total price of the services offered separately; and take into account any price difference that arises from the lower cost of providing the services as a bundle, the lower cost of quantity supply, any difference in the cost of providing the services between different markets, and from any other difference in cost b is the discount (as a percentage) off the imputed retail price for the service.
The discount must be benchmarked against discounts applied to comparable retail services in comparable countries that apply retail price minus avoided costs saved or equivalent pricing c is the wholesale price Final pricing principle: The wholesale price for the retail service is the amount calculated using the following formula: where— a − b = c a is the imputed retail price for the service.
The imputed retail price must— (a) (b) be based on the observed discount of the bundle relative to the total price of the services offered separately; and take into account any price difference that arises from the lower cost of providing the services as a bundle, the lower cost of quantity supply, any difference in the cost of providing the services between different markets, and from any other difference in cost b is the discount off the imputed retail price for the service.
The discount must be determined by using,— (a) (b) in the case of a non price-capped service offered by Telecom in markets in which Telecom faces limited, or is likely to face lessened, competition for that service, avoided costs saved pricing; or in the case of Telecom’s price-capped residential access and calling service in which Telecom faces limited, or is likely to face lessened, competition for that service, actual costs saved pricing is the wholesale price c Nil Requirement referred to in sec- tion 45 for final pricing prin- ciple: 194 Reprinted as at 28 May 2015 Telecommunications Act 2001 Schedule 1 Additional matters that must be considered regarding applica- tion of section 18: Nil Description of service: Chorus’s unbundled bitstream access A digital subscriber line enabled service (and its associated functions, including the associated functions of operational support systems) that enables access to, and interconnection with, that part of a fixed PDN that connects the end-user’s building (or, where relevant, the building’s distribution frame) to a first data switch (or equivalent facility), other than a digital subscriber line access multiplexer (DSLAM) To avoid doubt, unless otherwise requested by the access seeker, the supply of this service must not be conditional on a requirement that the access seeker, end-users, or any other person must purchase any other service from the access provider Conditions: That either— (a) (b) Chorus faces limited, or is likely to face lessened, competition in a relevant market; or Chorus does not face limited, or is not likely to face lessened, competition in a relevant market, and the Commission has decided to require Chorus’s unbundled bitstream access to be wholesaled in that market Access provider: Access seeker: Chorus A service provider who seeks access to the service Access principles: The standard access principles set out in clause 5 Limits on access principles: Initial pricing principle applic- able before the expiry of 3 years from separation day: Initial
 pricing principle applic- able after the expiry of 3 years from separation day: Final pricing principle applic- able before the expiry of 3 years from separation day: The limits set out in clause 6 and the additional limit that Chorus is only required to provide access to the trunk side of the first data switch or equivalent facility (for which purpose a DSLAM is not an equivalent facility) Retail price (as imputed by the Commission, having regard to the price of any other digital subscriber line enabled service, including the imputed price of any such service offered as part of a bundle of retail services) minus a discount benchmarked against discounts in comparable countries that apply retail price minus avoided costs saved pricing in respect of the service Plus, if no person is also purchasing a local access and calling service from Telecom in relation to the relevant subscriber line, all or any of the costs of Chorus’s local loop network that would usually be recovered by Telecom from an end-user of its local access and calling service, as determined by benchmarking against comparable countries (unless the Commission considers that the price already takes into account all of the relevant costs) The price for the designated access service entitled Chorus’s unbundled copper local loop network plus benchmarking additional costs incurred in providing the unbundled bitstream access service against prices in comparable countries that use a forward-looking cost-based pricing method Either— (a) retail price (as imputed by the Commission, having regard to the price of any other digital subscriber line enabled service, 195 Schedule 1 Telecommunications Act 2001 Reprinted as at 28 May 2015 (b) including the imputed price of any such service offered as part of a bundle of retail services) minus a discount comprising avoided costs saved, in a case where Chorus faces limited, or is likely to face lessened, competition in a relevant market; or retail price (as imputed by the
 Commission, having regard to the price of any other digital subscriber line enabled service, including the imputed price of any such service offered as part of a bundle of retail services) minus a discount comprising actual costs saved, in a case where Chorus does not face limited, or lessened, competition in a relevant market Plus, in either case, if no person is also purchasing a local access and calling service from Telecom in relation to the relevant subscriber line, all or any of the costs of Chorus’s local loop network that would usually be recovered by Telecom from an end-user of its local access and calling service, as determined by identifying the relevant costs (unless the Commission considers that the price already takes into account all of the relevant costs) Final pricing principle applic- able after the expiry of 3 years from separation day: The price for Chorus’s unbundled copper local loop network plus TSLRIC of additional costs incurred in providing the unbundled bitstream access service Requirement referred to in sec- tion 45 or final pricing prin- ciple: Nil Additional matters that must be considered regarding applica- tion of section 18: The Commission must consider relativity between this service and Chorus’s unbundled copper local loop network service (to the extent that terms and conditions have been determined for that service) Chorus’s unbundled bitstream access backhaul Description of service: A service (and its associated functions, including the associated functions of operational support systems) that provides transmission capability (whether the transmission capacity is copper, fibre, or anything else) between the trunk side of a first data (or equivalent facility), other than a DSLAM, that is connected to the end-user’s building (or, where relevant, the building’s distribution frame) and the access seeker’s nearest available point of interconnection Conditions: That either— Chorus faces limited, or is likely to face lessened, competition
 in a market for transmission capacity between the first data switch (or equivalent facility) and the access seeker’s nearest available point of interconnection; or Chorus does not face limited, or is not likely to face lessened, competition in a market for transmission capacity between the first data switch (or equivalent facility) and the access seeker’s nearest available point of interconnection, and the Commission has decided to require Chorus’s unbundled bitstream access to be wholesaled in that market (a) (b) Chorus A service provider who seeks access to the service Access provider: Access seeker: Access principles: The standard access principles set out in clause 5 Limits on access principles: The limits set out in clause 6 196 Reprinted as at 28 May 2015 Telecommunications Act 2001 Schedule 1 Initial pricing principle: Benchmarking against prices for similar services in comparable countries that use a forward-looking cost-based pricing method Final pricing principle: TSLRIC Requirement referred to in sec- tion 45 or final pricing prin- ciple: Additional matters that must be considered regarding applica- tion of section 18: Nil Nil Description of service: Conditions: Access provider: Access seeker: Chorus’s unbundled copper local loop network A service (and its associated functions, including the associated functions of operational support systems) that enables access to, and interconnection with, Chorus’s copper local loop network (including any relevant line in Chorus’s local telephone exchange or distribution cabinet) Nil Chorus A service provider who seeks access to the service, except, until 3 years after separation day, Telecom Access principles: The standard access principles set out in clause 5 Limits on access principles: The limits set out in clause 6 Initial pricing principle: Benchmarking against prices for similar services in comparable countries that use a forward-looking cost-based pricing method Final pricing principle: TSLRIC Requirement referred
 to in sec- tion 45 or final pricing prin- ciple: Nil Additional matters that must be considered regarding applica- tion of section 18: The Commission must consider relativity between this service and Chorus’s unbundled bitstream access service (to the extent that the terms and conditions have been determined for that service) Chorus’s unbundled copper local loop network co-location Description of service: A service (and its associated functions, including the associated functions of operational support systems) that provides co-location facilities for an access seeker’s equipment, and access to the handover point, at Chorus’s local telephone exchange or distribution cabinet (or equivalent facility) for the purposes of providing access to, and interconnection with,— (a) (b) Chorus’s unbundled copper local loop network (including any necessary supporting equipment); and Chorus’s unbundled copper low frequency service (including any necessary supporting equipment) To avoid doubt, the same instance of this service can be used to support both Chorus’s unbundled copper local loop network and Chorus’s unbundled copper low frequency service To avoid doubt, access seeker equipment includes the equipment of any person other than the access seeker (including any line) if that equipment is being used to support the provision of backhaul for the access seeker 197 Schedule 1 Telecommunications Act 2001 Reprinted as at 28 May 2015 To avoid doubt, this service includes access to, and the use of, space in, on, or around Chorus’s local telephone exchange or distribution cabinet (or equivalent facility) for the purposes of installing and maintaining the access seeker’s equipment Conditions: Access provider: Access seeker: Nil Chorus A service provider who seeks access to the service Access principles: The standard access principles set out in clause 5 Limits on access principles: The limits set out in clause 6 and the additional limit of the interests of other service providers who
 are co-located in the relevant facilities Initial pricing principle: Benchmarking against prices for similar services in comparable countries that use a forward-looking cost-based pricing method Final pricing principle: TSLRIC Requirement referred to in sec- tion 45 or final pricing prin- ciple: Additional matters that must be considered regarding applica- tion of section 18: Nil Nil Chorus’s unbundled copper local loop network backhaul (distribution cabinet to telephone exchange) Description of service: A service (and its associated functions, including the associated functions of operational support systems) that provides transmission capacity in a network (whether the transmission capacity is copper, fibre, or anything else) between the handover point in Chorus’s distribution cabinet (or equivalent facility) and the handover point in Chorus’s local telephone exchange for the purposes of providing access to, and interconnection with, Chorus’s unbundled copper local loop network (including any necessary supporting equipment) Conditions: Access provider: Access seeker: Nil Chorus A service provider who seeks access to the service Access principles: The standard access principles set out in clause 5 Limits on access principles: The limits set out in clause 6 Initial pricing principle: Benchmarking against prices for similar services in comparable countries that use a forward-looking cost-based pricing method Final pricing principle: TSLRIC Requirement referred to in sec- tion 45 or final pricing prin- ciple: Additional matters that must be considered regarding applica- tion of section 18: Nil Nil Chorus’s unbundled copper local loop network backhaul (telephone exchange to interconnect point) 198 Reprinted as at 28 May 2015 Description of service: Telecommunications Act 2001 Schedule 1 A service (and its associated functions, including the associated functions of operational support systems) that provides transmission capacity in a network (whether the transmission
 capacity is copper, fibre, or anything else) between the handover point in Chorus’s local telephone exchange and the access seeker’s nearest available point of interconnection for the purposes of providing access to, and interconnection with,— (a) (b) Chorus’s unbundled copper local loop network (including any necessary supporting equipment); and Chorus’s unbundled copper low frequency service (including any necessary supporting equipment) To avoid doubt, the same instance of this service can be used to support both Chorus’s unbundled copper local loop network and Chorus’s unbundled copper low frequency service Conditions: That either— Chorus faces limited, or is likely to face lessened, competition in a market for transmission capacity between Chorus’s local telephone exchange and the access seeker’s nearest available point of interconnection; or Chorus does not face limited, or is not likely to face lessened, competition in a market for transmission capacity between Chorus’s local telephone exchange and the access seeker’s nearest available point of interconnection, and the Commission has decided to require Chorus’s unbundled copper local loop network backhaul (telephone exchange to interconnect point) to be wholesaled in that market (a) (b) Chorus A service provider who seeks access to the service Access provider: Access seeker: Access principles: The standard access principles set out in clause 5 Limits on access principles: The limits set out in clause 6 Initial pricing principle: Benchmarking against prices for similar services in comparable countries that use a forward-looking cost-based pricing method Final pricing principle: TSLRIC Requirement referred to in sec- tion 45 or final pricing prin- ciple: Additional matters that must be considered regarding applica- tion of section 18: Nil Nil Description of service: Conditions Chorus’s unbundled copper low frequency service A service (and its associated functions, including the associated functions of
 operational support systems) that enables access to, and interconnection with, the low frequency (being the frequency band between 300 and 3400 Hz) in Chorus’s copper local loop network (including any relevant line in Chorus’s local telephone exchange or distribution cabinet) that connects the end-user’s building (or, where relevant, the building’s distribution frame) to the handover point in Chorus’s local telephone exchange Chorus’s unbundled copper low frequency service is only available where Chorus’s local loop that connects the end-user’s building (or, 199 Schedule 1 Telecommunications Act 2001 Reprinted as at 28 May 2015 where relevant, the building’s distribution frame) to the handover point in Chorus’s local telephone exchange remains in place To avoid doubt, there is no obligation on Chorus that Chorus’s copper network that connects a cabinet (or equivalent facility) and Chorus’s local telephone exchange remain in place or be maintained if that part of Chorus’s copper network is only being used to provide Chorus’s unbundled copper low frequency services Access provider: Access seeker: Chorus A service provider who seeks access to the service Access principles: The standard access principles set out in clause 5 Limits on access principles: The limits set out in clause 6 Initial pricing principle: Either— (a) (b) the geographically averaged price for Chorus’s full unbundled copper local loop network; or if a person is also purchasing Chorus’s unbundled bitstream access service in relation to the relevant subscriber line, the cost of any additional elements of Chorus’s local loop network that are not recovered in the price for Chorus’s unbundled bitstream access service Final pricing principle: Either— the geographically averaged price for Chorus’s full unbundled copper local loop network; or if a person is also purchasing Chorus’s unbundled bitstream access service in relation to the relevant subscriber line, the TSLRIC of any additional elements of
 Chorus’s local loop network that are not recovered by the price for Chorus’s unbundled bitstream access service (a) (b) Nil Nil Requirement referred to in sec- tion 45 or final pricing prin- ciple: Additional matters that must be considered regarding applica- tion of section 18: Mobile termination access services (MTAS) Termination (and its associated functions) on a cellular mobile tele- phone network of any, or any combination, of the following: (a) (b) (c) voice calls originating on a fixed telephone network: voice calls originating on another cellular mobile telephone network: short-message-service (SMS) originating on another cellular mobile telephone network For the avoidance of doubt, these services include the termination of internationally originated voice calls and SMS, and voice-over-Inter- net-protocol-originated voice calls, where these are handed over at a mobile switching centre in New Zealand Nil A person who operates a cellular mobile telephone network Description of service: Conditions: Access provider: 200 Reprinted as at 28 May 2015 Telecommunications Act 2001 Schedule 1 Access seeker: A service provider who seeks access to the service Access principles: The standard access principles set out in clause 5 Limits on access principles: The limits set out in clause 6 Initial pricing principle: Benchmarking against the costs of providing similar services in comparable countries that result from the application of— (a) (b) a forward-looking cost-based methodology; or if the Commission considers that a forward-looking cost- based methodology does not best give effect to the purpose set out in section 18, whichever of the following methods that the Commission considers best gives effect to that pur- pose: (i) (ii) a pure bill and keep method; or a pure bill and keep method applied to two-way traf- fic in balance (or to a specified margin of out-of-bal- ance traffic) and a forward-looking cost-based meth- odology applied to out-of-balance traffic (or
 traffic beyond a specified out-of-balance margin) Final pricing principle: Either— (a) (b) TSLRIC; or if the Commission considers that TSLRIC does not best give effect to the purpose set out in section 18, whichever of the following methods that the Commission considers best gives effect to that purpose: (i) (ii) a pure bill and keep method; or a pure bill and keep method applied to two-way traf- fic in balance (or to a specified margin of out-of-bal- ance traffic) and TSLRIC applied to out-of-balance traffic (or traffic beyond a specified out-of-balance margin) Requirement referred to in sec- tion 45 for final pricing prin- ciple: Additional matters that must be considered regarding the appli- cation of section 18: Nil Nil Schedule 1 Part 2 subpart 1: amended, on 30 November 2011 (being the date of separation day, and an Order in Council (SR 2011/302) having been made under section 36), by section 68 of the Tele- communications (TSO, Broadband, and Other Matters) Amendment Act 2011 (2011 No 27).
Schedule 1 Part 2 subpart 1: amended, on 30 June 2011, by clause 3(2) of the Telecommunications (Retail Services and Bundle of Retail Services) Order 2011 (SR 2011/200).

Schedule 1 Part 2 subpart 1: amended, on 23 September 2010, by clause 3 of the Telecommunications (Mobile Termination Access Services) Order 2010 (SR 2010/262).
Subpart 2—Designated multinetwork services Local telephone number portability service Description of service: A service that enables an end-user of a fixed telephone network service to change providers of that service but to retain the same telephone number within a local calling area 201 Schedule 1 Telecommunications Act 2001 Reprinted as at 28 May 2015 Conditions: Access provider: Nil Every person who operates— (a) (b) a PSTN to which numbers have been allocated; and a telephone service that relates to that number portability service Access seeker: Any person who— (a) (b) (c) operates a PSTN to which numbers have been allocated; and operates a telephone service that relates to that number portability service; and seeks access to that number portability service Cellular telephone number portability service Description of service: A service that enables an end-user of a cellular telephone network service to change providers of that service but to retain the same telephone number (including the same cellular network access code) Conditions: Access provider: Nil Every person who operates— (a) (b) a PSTN to which numbers have been allocated; and a telephone service that relates to that number portability service Access seeker: Any person who— (a) (b) (c) operates a PSTN to which numbers have been allocated; and operates a telephone service that relates to that number portability service; and seeks access to that number portability service National toll-free telephone number portability service [Expired] Telecom’s fixed PSTN to mobile carrier pre-selection service [Expired] Schedule 1 Access to, and interconnection with, Telecom’s fixed PDN: repealed, on 22 December 2006, by section 56 of the Telecommunications Amendment Act (No 2) 2006 (2006 No 83).
Schedule 1 Bundle of retail services offered by means of Telecom’s fixed telecommunications network: substituted, on 8 January 2004, by clause 3 of the Telecommunications (Initial Pricing Prin- ciple) Order 2003 (SR 2003/357).

Schedule 1 Interconnection with fixed PSTN other than Telecom’s: amended, on 22 December 2006, by section 56 of the Telecommunications Amendment Act (No 2) 2006 (2006 No 83).
Schedule 1 National toll-free telephone number portability service: expired, on 21 December 2006, by section 65(1)(a).

Schedule 1 Telecom’s fixed PDN backhaul: repealed, on 22 December 2006, by section 56 of the Telecommunications Amendment Act (No 2) 2006 (2006 No 83).

Schedule 1 Telecom’s fixed PSTN to mobile carrier pre-selection service: expired, on 21 Decem- ber 2006, by section 65(1)(a).
Schedule 1 Telecom’s unbundled bitstream access: inserted, on 22 December 2006, by section 56 of the Telecommunications Amendment Act (No 2) 2006 (2006 No 83).

Schedule 1 Telecom’s unbundled bitstream access backhaul: inserted, on 22 December 2006, by section 56 of the Telecommunications Amendment Act (No 2) 2006 (2006 No 83).
202 Reprinted as at 28 May 2015 Telecommunications Act 2001 Schedule 1 Schedule 1 Telecom’s unbundled copper local loop network: inserted, on 22 December 2006, by section 56 of the Telecommunications Amendment Act (No 2) 2006 (2006 No 83).

Schedule 1 Telecom’s unbundled copper local loop network backhaul (distribution cabinet to telephone exchange): inserted, on 22 December 2006, by section 56 of the Telecommunications Amendment Act (No 2) 2006 (2006 No 83).
Schedule 1 Telecom’s unbundled copper local loop network backhaul (telephone exchange to in- terconnect point): inserted, on 22 December 2006, by section 56 of the Telecommunications Amendment Act (No 2) 2006 (2006 No 83).

Schedule 1 Telecom’s unbundled copper local loop network co-location: inserted, on 22 Decem- ber 2006, by section 56 of the Telecommunications Amendment Act (No 2) 2006 (2006 No 83).
Description of service: Part 3 Specified services National Roaming A service (and its associated functions) that enables transmission of cellular mobile traffic by means of the access provider’s cellular mobile telephone network between (but not including) the cellular mobile device of the access seeker’s end-user and the access seeker’s handover point (or equivalent facility) and that enables an end-user who subscribes to an access seeker’s cellular mobile service to use services (except value-added services) within the area where the access provider has a cellular mobile telephone network, but which is outside the coverage area of the access seeker’s cellular mobile telephone network Conditions: All of the following: (a) the access seeker must have rolled out a cellular mobile telephone network that— (i) comprises at least 100 cellsites (each of which provides wide area coverage and delivers cellular mobile services to both outdoor and indoor areas and where service in areas of coverage of that cellsite will be lost if the cellsite is switched off); or (ii) covers at least 10% of the New Zealand population: the cellular mobile telephone networks of the access seeker and the access provider must be technically compatible and be able to interconnect with each other: the Commission must have approved a plan for the access seeker.
That plan must include— (i) (ii) the establishment of roll-out milestones to be met by the access seeker to continue to access the national roaming service; and provision for roll-out of a cellular mobile telephone network that provides cellular mobile services to at least 65% of the New Zealand population: the Commission must be satisfied that the access seeker has the capability to comply with the agreed network roll-out plan: the services (other than value-added services) for which transmission is sought must each be offered by the access (b) (c) (d) (e) 203 Schedule 1 Telecommunications Act 2001 Reprinted as at 28 May 2015 Access provider: Access seeker: provider to its end-users and be generally available to the access seeker’s end-users from the access seeker’s own cellular mobile telephone network (that is, the effect of roaming must be to increase the coverage area for the access seeker’s end-users) A cellular mobile telephone network operator who operates a cellular mobile telephone network A cellular mobile telephone network operator (except Telecom or Vodafone New Zealand Limited or their successors or subsidiaries) that holds sufficient radio spectrum rights to enable that operator to roll out a cellular mobile telephone network that provides cellular mobile services to at least 65% of the New Zealand population Access principles: The standard access principles set out in clause 5 Limits on access principles: The limits set out in clause 6 and additional limits, which must be set by taking the following matters into account: (a) (b) (c) whether the access provider has, for each relevant cellsite within an area, sufficient available capacity to provide the service, taking into account its reasonable anticipated requirements for capacity at that cellsite: all legal requirements and all existing contractual obligations that the access provider has with third parties: the requirement on the access provider to provide the service to the access seeker will cease on the earlier of— (i) (ii) any failure by
 the access seeker to comply with the agreed network roll-out plan, as determined by the Commission; or any other events specified by the Commission in its determination Additional matters that must be considered regarding applica- tion of section 18: The Commission must establish roll-out milestones and roll-out thresholds that ensure that the access seeker has strong incentives to roll out its cellular mobile telephone network in an efficient and timely manner Co-location on cellular mobile transmission sites A service that enables co-location of cellular mobile telephone network transmission and reception equipment (including any necessary supporting equipment on or with the following facilities (relevant facilities)): (a) any towers, poles, masts, or other similar structures— (i) (ii) that are used for the transmission or reception of telecommunications via a cellular mobile telephone network; and that are owned, managed, or leased by the access provider: all sites, buildings, or utility services that are associated with the kinds of structures referred to in paragraph (a) (b) Nil Every person who operates a cellular mobile telephone network Any person who— Description of service: Conditions: Access provider: Access seeker: 204 Reprinted as at 28 May 2015 Telecommunications Act 2001 Schedule 1 (a) (b) operates, or is likely to operate, a cellular mobile telephone network; and seeks access to the service Access principles: The standard access principles set out in clause 5 Limits on access principles: The limits set out in clause 6 and additional limits, which must be set by taking the following matters into account: the access provider’s current and reasonable forecast requirements for capacity on the relevant facilities: the management of existing or potential radio spectrum interference arising from use of the relevant facilities: all relevant requirements under the Resource Management Act 1991: all relevant health and safety requirements under any enactment:
 all existing contractual obligations to third parties, including lessors of land on which relevant facilities are located: the interests of third parties who use the relevant facilities (a) (b) (c) (d) (e) (f) Nil Additional matters that must be considered regarding applica- tion of section 18: Co-location of equipment for fixed telecommunications services at sites used by Broadcast Communications Limited [Expired] Schedule 1 Co-location of equipment for fixed telecommunications services at sites used by Broadcast Communications Limited: expired, on 21 December 2006, by section 65(1)(a).
Schedule 1 National Roaming: substituted, on 11 September 2008, by clause 3 of the Telecommuni- cations (National Roaming) Order 2008 (SR 2008/251).
205 Schedule 2 Telecommunications Act 2001 Reprinted as at 28 May 2015 Schedule 2 Telecommunications access codes Contents 1 2 3 3A 10A 10B Part 1 Telecommunications access codes prepared by Forum Forum may prepare code Requirements for draft codes for designated access services and specified services Requirements for draft codes for designated multi-network services Requirements for draft codes for services supplied under registered undertaking Forum must arrange referendum on draft code Draft code may be submitted to Commission Commission must consider whether consultation on draft code is needed Consultation process on draft code Variation of draft code When Commission must approve draft code [Repealed] Commission’s discretion to approve draft code Commission must refuse to approve draft code in certain cases Amendment of draft code Expiry of approved code Revocation of approved codes Amendment of approved codes Amendment of approved code initiated by Commission Consequences of not complying with Commission’s request under clause 14(2) Public notice of approved codes Part 2 Telecommunications access codes prepared by Commission 17 Commission may prepare code s 7(2) Page 207 207 207 208 208 209 209 210 210 211 211 211 211 212 212 212 212 213 213 213 206 Reprinted as at 28 May 2015 Telecommunications Act 2001 Schedule 2 Part 1 Telecommunications access codes prepared by Forum Schedule 2 Part 1 heading: inserted, on 22 December 2006, by section 57 of the Telecommunications Amendment Act (No 2) 2006 (2006 No 83).
1 (1) (2) Forum may prepare code The Forum may, on its own initiative or if invited to do so by the Commission, prepare 1 or more telecommunications access codes for approval by the Com- mission.

The Commission may issue guidelines to the Forum on any matters relating to telecommunications access codes, including advice on what matters are appro- priately dealt with by those codes.
Schedule 2 clause 1(2): added, on 22 December 2006, by section 57 of the Telecommunications Amendment Act (No 2) 2006 (2006 No 83).

2 Requirements for draft codes for designated access services and specified services (1) A draft code for 1 or more designated access services or specified services may only provide for procedures, requirements, and other matters, not inconsistent with this Act, that relate to an aspect or aspects of the supply of that service or those services.
(2) A draft code to which subclause (1) applies must— (a) (b) (c) (d) be consistent with applicable access principles and any regulations made in respect of the applicable access principles; and be consistent with the purpose set out in section 18; and comply with the Commerce Act 1986; and not directly provide for the implementation of initial and final pricing principles and any regulations relating to those principles.
Schedule 2 clause 2(1): substituted, on 22 December 2006, by section 57 of the Telecommunications Amendment Act (No 2) 2006 (2006 No 83).
3 Requirements for draft codes for designated multi-network services (1) A draft code for 1 or more designated multi-network services may only provide for procedures, requirements, and other matters, not inconsistent with this Act, in respect of— (a) the functions that must be performed by a system for determining the service: (b) the standard to which those functions must be performed.
(2) A draft code to which subclause (1) applies must— (a) (b) be consistent with the purpose set out in section 18; and comply with the Commerce Act 1986; and 207 Schedule 2 Telecommunications Act 2001 Reprinted as at 28 May 2015 (c) not directly provide for the apportionment of the cost of delivering the service between the access seeker and all access providers of the service.
3A Requirements for draft codes for services supplied under registered undertaking (1) A draft code for 1 or more services supplied under a registered undertaking may only provide for procedures, requirements, and other matters, not incon- sistent with this Act, that relate to an aspect or aspects of the supply of that service or those services.
(2) A draft code to which subclause (1) applies must— (a) (b) (c) be consistent with the purpose set out in section 18; and comply with the Commerce Act 1986; and not provide for any matter relating to the price of the service.

Schedule 2 clause 3A: inserted, on 22 December 2006, by section 57 of the Telecommunications Amendment Act (No 2) 2006 (2006 No 83).
4 (1) (2) (3) Forum must arrange referendum on draft code Before a draft code is submitted to the Commission for approval, the Forum must hold a referendum on the draft code.

The Forum must take all practicable steps to invite, for the purpose of voting on a draft code, all eligible persons who are, in the opinion of the Commission, affected or likely to be affected by the draft code.

The Forum may otherwise determine the way in which the referendum is con- ducted.
(3A) All eligible persons who are, in the opinion of the Commission, affected or likely to be affected by the draft code may vote in the referendum.
(4) The following persons are entitled to register with the Commission as eligible persons: (a) a person who provides a telecommunications service by means of some component of a PTN that is operated by that person: (b) an access seeker or access provider of— (i) (ii) a designated service or specified service; or a service supplied under a registered undertaking: (c) any other person whom the Commission determines has a material inter- est in a draft code because that person is about to become, within the foreseeable future, a person referred to in paragraph (a) or (b).
(5) A person entitled to register with the Commission under subclause (4) may be a member of the Forum for the purposes of this Act.

Schedule 2 clause 4(2): substituted, on 22 December 2006, by section 57 of the Telecommunications Amendment Act (No 2) 2006 (2006 No 83).

208 Reprinted as at 28 May 2015 Telecommunications Act 2001 Schedule 2 Schedule 2 clause 4(3): substituted, on 22 December 2006, by section 57 of the Telecommunications Amendment Act (No 2) 2006 (2006 No 83).
Schedule 2 clause 4(3A): inserted, on 22 December 2006, by section 57 of the Telecommunications Amendment Act (No 2) 2006 (2006 No 83).

Schedule 2 clause 4(4): substituted, on 22 December 2006, by section 57 of the Telecommunications Amendment Act (No 2) 2006 (2006 No 83).

Schedule 2 clause 4(4)(a): amended, on 1 July 2011, by section 26(1) of the Telecommunications (TSO, Broadband, and Other Matters) Amendment Act 2011 (2011 No 27).
5 Draft code may be submitted to Commission The Forum may submit to the Commission a draft code, along with a state- ment— (a) (b) (c) that identifies the designated service or specified service to which the draft code applies; and that identifies every relevant applicable access principle; and that the draft code meets all the requirements set out in clause 2 or clause 3 or clause 3A (as the case may require); and (d) that either the draft code— (i) (ii) has the support of all eligible persons who voted on the draft code; or is supported by at least 75% of eligible persons who voted on the draft code; and (e) (f) (g) that identifies any cost implications in relation to the draft code; and that indicates how any cost will be apportioned between eligible persons to whom the draft code applies; and that sets out how the apportionment is consistent with the purpose set out in section 18.
Schedule 2 clause 5(c): amended, on 22 December 2006, by section 57 of the Telecommunications Amendment Act (No 2) 2006 (2006 No 83).

Schedule 2 clause 5(d): substituted, on 22 December 2006, by section 57 of the Telecommunications Amendment Act (No 2) 2006 (2006 No 83).
6 (1) (2) Commission must consider whether consultation on draft code is needed The Commission must make reasonable efforts to consider whether or not con- sultation on the draft code is needed not later than 10 working days after the date on which the Commission received the draft code.
The Commission need not do any of the things set out in clause 7(1) if the Commission is satisfied that the Forum has— (a) (b) published a notice of the draft code, or caused a notice of the draft code to be published, in the Gazette; and at all reasonable times, made the draft code available for inspection on the Forum’s website in an electronic form that is publicly accessible; and 209 Schedule 2 Telecommunications Act 2001 Reprinted as at 28 May 2015 (c) included in the notice of the draft code the closing date for submissions, which must not be later than 20 working days after the date of giving the notice in the Gazette; and (d) given to the Commission copies of all submissions on the draft report.
7 (1) Consultation process on draft code Immediately after the Commission considers that consultation on the draft code is needed, the Commission— (a) may request the Forum to consult with any person or group specified by the Commission: (b) must consult with every eligible person who has voted against the draft code; and (c) must give public notice of the draft code.
(2) A person is entitled to make submissions to the Commission not later than 20 working days after the date on which public notice of the draft code is given.

8 Variation of draft code (1AA) This clause applies if the draft code has been prepared by the Forum under clause 1.
(1) (2) The Commission must make reasonable efforts to consider whether or not the draft code meets all of the requirements set out in clause 2 or clause 3 or clause 3A (as the case may require) at least 20, but not later than 40, working days after the closing date for submissions under clause 7(2).
If the Commission considers that the draft code does not meet all of the re- quirements set out in clause 2 or clause 3 or clause 3A (as the case may re- quire), the Commission— (a) must not approve the draft code; and (b) must return to the Forum the draft code, along with the Commission’s reasons why the draft code does not meet a particular requirement; and (c) must, if the draft code does not comply with the Commerce Act 1986, advise the Forum that an authorisation granted by the Commission in ac- cordance with that Act is needed before the draft code may be approved under this Act.
(3) If the Forum resubmits the draft code to the Commission, clauses 1 to 7 and subclauses (1) and (2) again apply to the resubmitted code.

Schedule 2 clause 8(1AA): inserted, on 22 December 2006, by section 57 of the Telecommunications Amendment Act (No 2) 2006 (2006 No 83).

Schedule 2 clause 8(1): amended, on 22 December 2006, by section 57 of the Telecommunications Amendment Act (No 2) 2006 (2006 No 83).
Schedule 2 clause 8(2): amended, on 22 December 2006, by section 57 of the Telecommunications Amendment Act (No 2) 2006 (2006 No 83).

210 Reprinted as at 28 May 2015 Telecommunications Act 2001 Schedule 2 9 When Commission must approve draft code [Repealed] Schedule 2 clause 9: repealed, on 22 December 2006, by section 57 of the Telecommunications Amendment Act (No 2) 2006 (2006 No 83).
10 Commission’s discretion to approve draft code The Commission may approve a draft code if the Commission is satisfied that— (a) (b) (c) the draft code meets all the requirements set out in clause 2 or clause 3 or clause 3A (as the case may require); and all the consultation referred to in clause 7(1) has been carried out; and [Repealed] Schedule 2 clause 10(a): amended, on 22 December 2006, by section 57 of the Telecommunications Amendment Act (No 2) 2006 (2006 No 83).
Schedule 2 clause 10(c): repealed, on 22 December 2006, by section 57 of the Telecommunications Amendment Act (No 2) 2006 (2006 No 83).
10A Commission must refuse to approve draft code in certain cases Despite clauses 9 and 10, the Commission must refuse to approve a draft code if it is satisfied that the draft code deals with a matter that is more appropriately dealt with in— (a) (b) (c) a determination under section 27; or a standard terms determination under section 30M; or a designated multinetwork service determination under section 39.
Schedule 2 clause 10A: inserted, on 22 December 2006, by section 57 of the Telecommunications Amendment Act (No 2) 2006 (2006 No 83).

10B Amendment of draft code (1) (2) This clause applies only if the Commission considers that, because of a change in circumstances, a draft code submitted to it no longer meets all the require- ments set out in clause 2 or clause 3 or clause 3A (as the case may require).
The Commission may prepare, or request the Forum to prepare, a specific amendment to the draft code to ensure that it meets all of those requirements.

(3) If the Commission prepares the amendment, the Commission must— (a) (b) ensure that the consultation referred to in clause 7(1) has been carried out on the amended draft code; and decide, as soon as practicable after paragraph (a) has been complied with, whether to approve the amended draft code under clause 10.
Schedule 2 clause 10B: inserted, on 22 December 2006, by section 57 of the Telecommunications Amendment Act (No 2) 2006 (2006 No 83).

211 Schedule 2 Telecommunications Act 2001 Reprinted as at 28 May 2015 11 Expiry of approved code (1) An approved code expires, in whole or part (as the case may be), on the revo- cation of the relevant applicable access principle.

(2) An approved code expires on the revocation or expiry of the designated service or specified service to which the approved code applies.
12 (1) Revocation of approved codes The Commission must, on the request of all eligible persons, revoke an ap- proved code.

(2) The Commission may revoke an approved code if— (a) (b) requested to do so by 75% of eligible persons who voted on the ap- proved code; and the Commission considers that, because of a change in circumstances, an approved code no longer meets all the requirements set out in clause 2 or clause 3 or clause 3A (as the case may require).
(3) Despite subclause (2), the Commission may revoke an approved code if it is satisfied that to do so best gives, or is likely to best give, effect to the purpose set out in section 18.

Schedule 2 clause 12(2)(a): substituted, on 22 December 2006, by section 57 of the Telecommunica- tions Amendment Act (No 2) 2006 (2006 No 83).

Schedule 2 clause 12(2)(b): amended, on 22 December 2006, by section 57 of the Telecommunica- tions Amendment Act (No 2) 2006 (2006 No 83).
Schedule 2 clause 12(3): added, on 22 December 2006, by section 57 of the Telecommunications Amendment Act (No 2) 2006 (2006 No 83).

13 Amendment of approved codes An approved code may be— (a) (b) amended in the same manner that it was approved; or amended by the Commission in accordance with clause 14.
Amendment of approved code initiated by Commission This clause and clause 13 apply only if the Commission considers that, because of a change in circumstances, an approved code no longer meets all the require- ments set out in clause 2 or clause 3 or clause 3A (as the case may require).

The Commission may request the Forum to prepare a specific amendment to an approved code for submission to it within a specified time.
If the Forum complies with the Commission’s request under subclause (2), the same procedure that applies to draft codes must be followed.

Schedule 2 clause 14(1): amended, on 22 December 2006, by section 57 of the Telecommunications Amendment Act (No 2) 2006 (2006 No 83).
14 (1) (2) (3) 212 Reprinted as at 28 May 2015 Telecommunications Act 2001 Schedule 2 15 (1) Consequences of not complying with Commission’s request under clause 14(2) If the Forum does not comply within a reasonable period with the Commis- sion’s request under clause 14(2), the Commission may prepare the amend- ment.
(2) If the Commission prepares the amendment, the Commission must— (a) ensure that— (i) (ii) the amendment meets all the requirements set out in clause 2 or clause 3 or clause 3A (as the case may require); and the consultation referred to in clause 7(1) has been carried out; and (b) approve the amendment as soon as practicable after paragraph (a) has been complied with.
Schedule 2 clause 15(2)(a)(i): amended, on 22 December 2006, by section 57 of the Telecommunica- tions Amendment Act (No 2) 2006 (2006 No 83).

16 Public notice of approved codes The Commission must give public notice of— (a) (b) every approved code; and every revocation of an approved code.

Part 2 Telecommunications access codes prepared by Commission Schedule 2 Part 2: added, on 22 December 2006, by section 57 of the Telecommunications Amend- ment Act (No 2) 2006 (2006 No 83).
17 (1) (2) (3) Commission may prepare code The Commission may, on its own initiative, prepare 1 or more telecommunica- tions access codes in relation to any matter that is not already provided for by an approved code.

This clause does not limit clause 1.

For the purposes of this clause, the provisions of Part 1 of this schedule, so far as they are applicable and with any necessary modifications, apply to a code prepared by the Commission as if it were a code prepared by the Forum under that Part.
Schedule 2 clause 17: added, on 22 December 2006, by section 57 of the Telecommunications Amendment Act (No 2) 2006 (2006 No 83).
213 Schedule 3 Telecommunications Act 2001 Schedule 3 Procedure for altering regulated services Contents Reprinted as at 28 May 2015 ss 5, 64, 68 Page Part 1 Procedure for designated services or specified services (except specified services that are to become designated services) Commission’s investigation Draft report Conferences or public hearing Final report of recommendation of Commission Commission must give written reasons for not meeting time limit Minister may request clarification of final report Decision by Minister on Commission’s recommendations Deferral of Minister’s decision Part 2 Procedure for specified services to become designated services Commission’s investigation Draft report Conferences or public hearing Final report of recommendation of Commission Commission must give written reasons for not meeting time limit Minister may request clarification of final report Decision by Minister on Commission’s recommendations Deferral of Minister’s decision 215 215 216 216 217 217 217 218 219 219 219 220 220 220 221 221 5A 12A 13 14 214 Reprinted as at 28 May 2015 Telecommunications Act 2001 Schedule 3 Part 1 Procedure for designated services or specified services (except specified services that are to become designated services) 1 (1) (2) Commission’s investigation The Commission may, on its own initiative or if requested to do so in writing by the Minister, commence an investigation into whether or not Schedule 1 should be altered in any of the ways set out in section 66 or 67 (the proposed alteration) if the Commission is satisfied that there are reasonable grounds for an investigation into the matter.
If an investigation has been requested by the Minister and the requirements set out in subclause (1) have been met, the Commission must commence the inves- tigation not later than 10 working days after receiving the Minister’s written re- quest.
(3) Despite subclause (1), the Commission must consider, at intervals of not more than 5 years after the date on which a designated service or specified service came into force, whether there are reasonable grounds for commencing an in- vestigation into whether the service should be omitted from Schedule 1 under section 66(b).

(4) (5) The Commission must not consider the matter under subclause (3) earlier than 12 months before the end of each 5-year interval referred to in that subclause.
If the Commission decides that there are reasonable grounds for commencing an investigation into whether a designated service or specified service should be omitted from Schedule 1 under section 66(b), the Commission must com- mence the investigation not later than 15 working days after making that deci- sion.

(6) The Commission must give public notice of the commencement of an investi- gation under this clause.

(7) This clause is subject to section 156AP.


Schedule 3 clause 1: substituted, on 22 December 2006, by section 58 of the Telecommunications Amendment Act (No 2) 2006 (2006 No 83).

Schedule 3 clause 1(7): added, on 1 July 2011, by section 88 of the Telecommunications (TSO, Broadband, and Other Matters) Amendment Act 2011 (2011 No 27).
2 Draft report (1) After public notice of the investigation has been given, the Commission must— (a) (b) (c) prepare a draft report; and give public notice of the draft report; and include in the public notice— 215 Schedule 3 Telecommunications Act 2001 Reprinted as at 28 May 2015 (i) the closing date for submissions, which must not be later than 20 working days after the date of giving public notice; and (ii) the date of any public hearing to be held under clause 3.
(2) The draft report must— (a) (b) include the detail of the proposed alteration; and identify any recommendations that the Commission considers to be suf- ficiently related to each other that they ought to be considered together.

Schedule 3 clause 2(2): substituted, on 22 December 2006, by section 58 of the Telecommunications Amendment Act (No 2) 2006 (2006 No 83).
3 (1) Conferences or public hearing The Commission must make reasonable efforts to do either of the following things not later than 10 working days after the closing date for submissions: (a) (b) hold conferences in relation to the proposed alteration: hold a public hearing in relation to the proposed alteration if the Com- mission is satisfied that it is in the public interest to do so.
(2) The Commission may invite a person who has a material interest in the pro- posed alteration to attend a conference held under subclause (1).

(3) Despite subclause (1), the Commission may dispense with holding conferences or a public hearing if the alteration is of a kind listed in section 66(c) or section 67.
4 (1) Final report of recommendation of Commission The Commission must make reasonable efforts to do the following things not later than 120 working days after the date of giving public notice under clause 1(6): (a) (b) prepare a final report regarding the proposed alteration: deliver the report to the Minister.
(2) In preparing the final report, the Commission must consider— (a) (b) all submissions made on the draft report; and all information and opinions presented or expressed at the public hearing (if any) on the draft report.
(3) A final report must include— (a) (b) the detail of the proposed alteration; and a recommendation by the Commission as to— (i) (ii) whether or not the proposed alteration should be made: in the case of a proposed alteration to a designated service, wheth- er or not the Minister’s decision regarding the proposed alteration 216 Reprinted as at 28 May 2015 Telecommunications Act 2001 Schedule 3 should be deferred for any period that the Commission thinks fit; and (c) (d) the reasons for the Commission’s recommendation; and the majority view and any dissenting views of the members of the Com- mission regarding the recommendation.
(4) The Commission may, if it thinks fit, identify any recommendations included in the final report that it considers to be sufficiently related to each other that they ought to be considered together by the Minister.

(5) This clause is subject to section 156AP.

Schedule 3 clause 4(1): amended, on 22 December 2006, by section 58 of the Telecommunications Amendment Act (No 2) 2006 (2006 No 83).
Schedule 3 clause 4(3)(d): substituted, on 1 July 2011, by section 26(1) of the Telecommunications (TSO, Broadband, and Other Matters) Amendment Act 2011 (2011 No 27).

Schedule 3 clause 4(4): added, on 22 December 2006, by section 58 of the Telecommunications Amendment Act (No 2) 2006 (2006 No 83).

Schedule 3 clause 4(5): added, on 1 July 2011, by section 88 of the Telecommunications (TSO, Broadband, and Other Matters) Amendment Act 2011 (2011 No 27).
5 Commission must give written reasons for not meeting time limit If, despite making reasonable efforts, the Commission is unable to do all of the things set out in clause 4(1) within the time limit specified in that subclause, the Commission must give to the Minister written reasons for not meeting that time limit.
5A Minister may request clarification of final report (1) After receiving a final report under clause 4, the Minister may request that the Commission— (a) (b) clarify any aspect of the report: provide any additional information that is necessary to understand the nature and implications of the Commission’s recommendations that are included in the final report.

The Commission must comply with a request made under subclause (1) within a period and in a manner agreed between the Commission and the Minister.
Subclause (1) does not authorise the Minister to require the Commission to undertake any further analysis of, or investigation into, any matter included in the final report.

Schedule 3 clause 5A: inserted, on 22 December 2006, by section 58 of the Telecommunications Amendment Act (No 2) 2006 (2006 No 83).
Decision by Minister on Commission’s recommendations In considering a final report under clause 4, the Minister must— (2) (3) 6 (1) 217 Schedule 3 Telecommunications Act 2001 Reprinted as at 28 May 2015 (a) consider together any recommendations that the Commission has, under clause 4(4), identified in its final report to be sufficiently related to each other (a set of related recommendations); and (b) consider separately any other recommendations.
(2) The Minister may— (a) accept or reject— (i) (ii) each set of related recommendations: each of the other recommendations: (b) require the Commission to reconsider, for any reasons specified by the Minister,— (i) (ii) any set of related recommendations or any aspect of that set of re- lated recommendations: any of the other recommendations or any aspect of those other recommendations.
Schedule 3 clause 6: substituted, on 22 December 2006, by section 58 of the Telecommunications Amendment Act (No 2) 2006 (2006 No 83).
7 (1) Deferral of Minister’s decision If the Minister accepts the Commission’s recommendation that the Minister’s decision be deferred for any period that the Commission thinks fit,— (a) the Minister must refer the recommendation back to the Commission for a report at the end of the period on whether the recommendation should be amended; and (b) the Commission must, at the end of that period,— (i) (ii) prepare a draft report stating that the period has expired and set- ting out any amendments it wishes to make to the recommenda- tion; or prepare a final report that includes a recommendation that the Minister should accept an undertaking under Schedule 3A and de- liver that report to the Minister.
(2) If subclause (1)(b)(i) applies, the Commission must also— (a) (b) (c) give public notice of the draft report; and include in the public notice the closing date for submissions, which must not be later than 20 working days after the date of giving public notice; and prepare, as soon as is reasonably practicable after the closing date for submissions, a final report to the Minister that contains the matters set out in the draft report and summarises, and makes recommendations on, the submissions received on the draft report.
218 Reprinted as at 28 May 2015 Telecommunications Act 2001 Schedule 3 (3) Clause 6 again applies to the report referred to in subclause (1)(b)(ii) or (2)(c), as the case may be.

Schedule 3 clause 7: substituted, on 22 December 2006, by section 58 of the Telecommunications Amendment Act (No 2) 2006 (2006 No 83).
Part 2 Procedure for specified services to become designated services 8 (1) (2) (3) Commission’s investigation The Commission may, on its own initiative or if requested to do so in writing by the Minister, commence an investigation into whether or not Schedule 1 should be altered by— (a) omitting a telecommunications service from Part 3 (the proposed omis- sion); and (b) adding it to Part 2 (the proposed addition).
The Commission may commence an investigation only if it is satisfied that there are reasonable grounds for it.

If an investigation has been requested by the Minister and the requirement set out in subclause (2) has been met, the Commission must commence the investi- gation not later than 10 working days after receiving the Minister’s written re- quest.

(4) The Commission must give public notice of the commencement of the investi- gation.
9 Draft report (1) After public notice of the investigation has been given, the Commission must— (a) (b) (c) prepare a draft report; and give public notice of the draft report; and include in the public notice— (i) the closing date for submissions, which must not be later than 15 working days after the date of giving public notice; and (ii) the date of any public hearing to be held under clause 10.

The draft report must include the detail of the proposed omission and addition.
Conferences or public hearing The Commission must make reasonable efforts to do either of the following things not later than 10 working days after the closing date for submissions: (a) hold conferences in relation to the proposed omission and addition: (2) 10 (1) 219 Schedule 3 Telecommunications Act 2001 Reprinted as at 28 May 2015 (2) 11 (1) (b) hold a public hearing in relation to the proposed omission and addition if the Commission is satisfied that it is in the public interest to do so.
The Commission may invite a person who has a material interest in the pro- posed omission and addition to attend a conference held under subclause (1).

Final report of recommendation of Commission The Commission must make reasonable efforts to do the following things not later than 60 working days after the date of giving public notice under clause 8(4): (a) (b) prepare a final report regarding the proposed omission and addition: deliver the report to the Minister.
(2) In preparing the final report, the Commission must consider— (a) (b) all submissions made on the draft report; and all information and opinions presented or expressed at the public hearing (if any) on the draft report.
(3) A final report must include— (a) (b) (c) (d) the detail of the proposed omission and addition; and a recommendation by the Commission as to— (i) whether or not the proposed omission and addition should be made: (ii) whether or not the Minister’s decision regarding the proposed omission and addition should be deferred for any period that the Commission thinks fit; and the reasons for the Commission’s recommendation; and the views of 2 members of the Commission (other than the Telecommu- nications Commissioner) regarding the recommendation.
(4) The Commission may, if it thinks fit, identify any recommendations included in the final report that it considers to be sufficiently related to each other that they ought to be considered together by the Minister.

Schedule 3 clause 11(4): added, on 22 December 2006, by section 58 of the Telecommunications Amendment Act (No 2) 2006 (2006 No 83).
12 Commission must give written reasons for not meeting time limit If, despite making reasonable efforts, the Commission is unable to do all of the things set out in clause 11(1) within the time limit specified in that subclause, the Commission must give to the Minister written reasons for not meeting that time limit.
12A Minister may request clarification of final report (1) After receiving a final report under clause 11, the Minister may request that the Commission— 220 Reprinted as at 28 May 2015 (a) (b) Telecommunications Act 2001 Schedule 3 clarify any aspect of the report: provide any additional information that is necessary to understand the nature and implications of the Commission’s recommendations that are included in the final report.
(2) (3) 13 (1) The Commission must comply with a request made under subclause (1) within a period and in a manner agreed between the Commission and the Minister.

Subclause (1) does not authorise the Minister to require the Commission to undertake any further analysis of, or investigation into, any matter included in the final report.

Schedule 3 clause 12A: inserted, on 22 December 2006, by section 58 of the Telecommunications Amendment Act (No 2) 2006 (2006 No 83).
Decision by Minister on Commission’s recommendations In considering a final report under clause 11, the Minister must— (a) consider together any recommendations that the Commission has, under clause 11(4), identified in its final report to be sufficiently related to each other (a set of related recommendations); and (b) consider separately any other recommendations.
(2) The Minister may— (a) accept or reject— (i) (ii) each set of related recommendations: each of the other recommendations: (b) require the Commission to reconsider, for any reasons specified by the Minister,— (i) (ii) any set of related recommendations or any aspect of that set of re- lated recommendations: any of the other recommendations or any aspect of those other recommendations.
(3) If the Commission makes a recommendation in the final report that the pro- posed omission and addition should be made, the Minister must make a deci- sion under subclause (2) within 6 months after— (a) (b) the date on which the Minister receives that report; or as the case may be, the date on which the Commission complies with a request under clause 12A.

Schedule 3 clause 13: substituted, on 22 December 2006, by section 58 of the Telecommunications Amendment Act (No 2) 2006 (2006 No 83).
14 (1) Deferral of Minister’s decision If the Minister accepts the Commission’s recommendation that the Minister’s decision be deferred for any period that the Commission thinks fit,— 221 Schedule 3 Telecommunications Act 2001 Reprinted as at 28 May 2015 (a) the Minister must refer the recommendation back to the Commission for a report at the end of the period on whether the recommendation should be amended; and (b) the Commission must, at the end of that period,— (i) (ii) prepare a draft report stating that the period has expired and set- ting out any amendments it wishes to make to the recommenda- tion; or prepare a final report that includes a recommendation that the Minister should accept an undertaking under Schedule 3A and de- liver that report to the Minister.
(2) If subclause (1)(b)(i) applies, the Commission must also— (a) (b) (c) give public notice of the draft report; and include in the public notice the closing date for submissions, which must not be later than 20 working days after the date of giving public notice; and prepare, as soon as is reasonably practicable after the closing date for submissions, a final report to the Minister that contains the matters set out in the draft report and summarises, and makes recommendations on, the submissions received on the draft report.
(3) Clause 6 applies to the report referred to in subclause (1)(b)(ii) or (2)(c), as the case may be.

Schedule 3 clause 14: substituted, on 22 December 2006, by section 58 of the Telecommunications Amendment Act (No 2) 2006 (2006 No 83).

222 Reprinted as at 28 May 2015 Telecommunications Act 2001 Schedule 3A Schedule 3A Undertakings Schedule 3A: inserted, on 22 December 2006, by section 59 of the Telecommunications Amendment Act (No 2) 2006 (2006 No 83).
s 68A Contents Preliminary Interpretation Purpose of clauses 3 to 16 Purpose of clauses 3 to 16 Acceptance and registration of undertakings Commission may accept undertaking Criteria for undertaking Requirements for undertaking Commission must register undertaking if Minister accepts Commission’s recommendation Expiry of registration of undertaking Effect of registration of undertaking Effect of registration of undertaking Part 2 of Commerce Act 1986 does not apply to registered undertaking Register Register of undertakings Other duties and powers of Commission in relation to register Contents of register Process for making undertaking Process for making undertaking Requirements for application Timing of application Commission must invite submissions Page 224 224 225 225 225 226 226 227 227 227 227 228 228 228 228 229 223 Schedule 3A Telecommunications Act 2001 Reprinted as at 28 May 2015 Preliminary 1 Interpretation In this schedule, unless the context otherwise requires,— final report means the report that— (a) is prepared in accordance with clause 4 of Schedule 3 or, as the case may be, clause 11 of that schedule; and (b) includes the Commission’s recommendation on— (i) (ii) a proposed regulatory change: as the case may be, an undertaking proposed addition has the meaning set out in clause 8(1)(b) of Schedule 3 proposed alteration has the meaning set out in clause 1(1) of Schedule 3 proposed omission has the meaning set out in clause 8(1)(a) of Schedule 3 proposed
 regulatory change means— (a) (b) a proposed alteration; or as the case may be,— (i) (ii) a proposed omission: a proposed addition register means the register of undertakings established and maintained by the Commission under clause 10(1) registered undertaking means an undertaking that is entered in the register service means the telecommunications service to which either or both of the following relate: (a) (b) a proposed regulatory change: an undertaking undertaking has the meaning set out in clause 3.
Purpose of clauses 3 to 16 2 Purpose of clauses 3 to 16 The purpose of clauses 3 to 16 is to provide, as an alternative to a proposed regulatory change, a mechanism for an access provider to supply a service to all access seekers— (a) (b) on a voluntary basis that avoids the need for regulation; and on terms and conditions agreed between the access provider and the Commission.
224 Reprinted as at 28 May 2015 Telecommunications Act 2001 Schedule 3A Acceptance and registration of undertakings 3 Commission may accept undertaking (1) While the Commission is considering a proposed regulatory change, the Com- mission may accept an offer from an access provider to supply a service to all access seekers on the terms and conditions of a written undertaking (an under- taking).
(2) If the Commission accepts an undertaking, a final report may include— (a) a recommendation by the Commission that the Minister should accept the undertaking; and (b) any of the following recommendations by the Commission: (i) (ii) (iii) that the proposed regulatory change should be made: that the proposed regulatory change should not be made: that the Minister’s decision on the proposed regulatory change should be deferred.
(3) However, an undertaking that the Commission accepts under subclause (2) has no legal effect unless it is registered under clause 6.

(4) For the purposes of subclause (2), clauses 4, 6, and 7 of Schedule 3 or, as the case may be, clauses 11, 13, and 14 of that schedule apply with any necessary modifications.
4 Criteria for undertaking The Commission must not make a recommendation under clause 3(2) unless the Commission is satisfied that the undertaking— (a) (b) complies with this Act and any regulations made under this Act; and complies with the standard access principles set out in clause 5 of Sched- ule 1 and any limits on those standard access principles set out in clause 6 of that schedule.
5 Requirements for undertaking (1) An undertaking must— (a) (b) (c) (d) be signed or executed by the relevant access provider; and specify the terms and conditions of the supply of the service; and specify the date by which those terms or conditions must be complied with by the relevant access provider; and specify a mechanism for the resolution by the Commission or a suitably qualified and experienced independent person of any issues or disputes that arise after the undertaking is registered; and (e) provide for any other prescribed matters.
225 Schedule 3A Telecommunications Act 2001 Reprinted as at 28 May 2015 (2) An undertaking must not be amended after the Commission has made a recom- mendation under clause 3(2) in respect of that undertaking.
6 Commission must register undertaking if Minister accepts Commission’s recommendation If the Minister accepts the Commission’s recommendation that the Minister should accept an undertaking, the Commission must— (a) enter in the register— (i) (ii) the name of the relevant access provider; and any other information specified in clause 12; and (b) (c) give written notice of the registration to the relevant access provider; and give public notice of the registration.
7 (1) Expiry of registration of undertaking The registration of an undertaking is effective for— (a) (b) a period of 5 years from the date of registration; and any further period that the Commission and the relevant access provider may agree.

(2) The Commission must consult with every person who has a material interest in the matter before agreeing to a further period under subclause (1)(b).
(3) Despite subclause (1), the Commission may make a recommendation in the fi- nal report to the Minister that, having regard to the matters specified in sub- clause (4), the registration of an undertaking should expire earlier than the 5- year period referred to in subclause (1).

(4) The matters are— (a) (b) the reasonable needs of potential access seekers; and the commercial lifetime of the service delivery technology concerned; and (c) any other factors that the Commission thinks relevant.
(5) Despite anything in this clause, the registration of an undertaking expires on the date that the proposed regulatory change is made.

(6) This clause does not require the Commission to commence an investigation in- to a proposed regulatory change on the expiry of the registration of an under- taking.
226 Reprinted as at 28 May 2015 Telecommunications Act 2001 Schedule 3A Effect of registration of undertaking 8 Effect of registration of undertaking (1) A registered undertaking provides a basis for preparing and approving a tele- communications access code in relation to the supply of the service even though the access provider would not otherwise be subject to that code.
(2) A registered undertaking— (a) does not prevent the Commission from— (i) commencing or continuing an investigation into a proposed regu- latory change; or (ii) making a recommendation to the Minister that a proposed regula- tory change should be made; and (b) does not prevent the Minister from— (i) (ii) requesting that the Commission commence or continue an investi- gation into a proposed regulatory change; or accepting the Commission’s recommendation that a proposed regulatory change should be made.
9 Part 2 of Commerce Act 1986 does not apply to registered undertaking Part 2 of the Commerce Act 1986 does not apply in respect of— (a) (b) a registered undertaking; and any matter necessary for giving effect to a registered undertaking.

Register of undertakings Register For the purposes of this schedule, the Commission must establish and maintain a register of undertakings.

10 (1) (2) The register may be— (a) (b) an electronic register; or kept in any other manner that the Commission thinks fit.
11 (1) Other duties and powers of Commission in relation to register The Commission must ensure that the register is open for public inspection, at all reasonable times,— (a) (b) at the head office of the Commission and at any other place that the Commission determines to be necessary or appropriate: on the Commission’s website in an electronic form that is publicly ac- cessible.
227 Schedule 3A Telecommunications Act 2001 Reprinted as at 28 May 2015 (2) The Commission may, at any time, make any amendments to the register that are necessary to— (a) (b) reflect any changes in the information specified in clause 13; or correct a mistake caused by any error or omission on the part of the Commission.
12 Contents of register The register must, in relation to every registered undertaking, contain all of the following: (a) (b) (c) (d) particulars of the relevant access provider: the date of registration of the undertaking: the terms and conditions of the supply of the service: particulars of, or a description of the class of, the access seekers to whom the service is to be supplied: (e) any other particulars that may be prescribed.
Process for making undertaking 13 Process for making undertaking (1) An access provider who wishes to make an undertaking must apply to the Commission in accordance with clause 14.

(2) The Commission must deal with the application— (a) (b) in accordance with clauses 15(2) and 16: in the prescribed manner, if any.
14 Requirements for application An application under clause 13 must— (a) (b) (c) (d) be in writing; and be given in the prescribed manner, if any; and contain the prescribed information, if any; and be accompanied by the prescribed fee, if any.
15 Timing of application (1) An application under clause 13— (a) may be made after the date on which public notice is given under clause 1(3) of Schedule 3; but (b) must be made not later than 40 working days after the date on which the Commission commences an investigation into the proposed regulatory change under clause 1 of Schedule 3.

(2) The Commission must not consider a late application.
228 Reprinted as at 28 May 2015 Telecommunications Act 2001 Schedule 3A 16 Commission must invite submissions (1) After receiving an application under clause 13, the Commission must— (a) (b) give public notice of the application; and invite persons who have a material interest in the proposed regulatory change to make written submissions on the application by the closing date specified in the public notice; and (c) consider those submissions.
(2) (3) The closing date for submissions must not be earlier than 10 working days after the date on which public notice is given under subclause (1)(a).

Before determining the application, the Commission must give the access pro- vider who made the application a reasonable opportunity to amend it in light of any submissions received by the Commission under this clause.
229 Schedule 3B Telecommunications Act 2001 Schedule 3B Annual telecommunications development levy Reprinted as at 28 May 2015 ss 85, 92 Schedule 3B: inserted, on 1 July 2011, by section 27 of the Telecommunications (TSO, Broadband, and Other Matters) Amendment Act 2011 (2011 No 27).
Financial year 2010/11 2011/12 2012/13 2013/14 2014/15 2015/16 2016/17 2017/18 2018/19 2019/20 2020/21 and each subsequent financial year Telecommunications development levy ($) 50 million 50 million 50 million 50 million 50 million 50 million 50 million 50 million 50 million 10 million the inflation-adjusted specified telecom- munications development levy The inflation-adjusted specified telecommunications development levy must be calcu- lated in accordance with the following formula: a b × c where— a b c is the CPI index number for the last quarter of the financial year preceding the relevant financial year is the CPI index number for the last quarter of the financial year that is 1 year before the financial year preceding the relevant financial year is the telecommunications development levy for the financial year preceding the relevant financial year.
Schedule 3B table: amended, on 28 May 2015, by section 4 of the Telecommunications (Develop- ment Levy) Amendment Act 2015 (2015 No 54).

230 Reprinted as at 28 May 2015 Telecommunications Act 2001 Schedule 4 Schedule 4 Enactments amended s 158 Commerce Act 1986 (1986 No 5) Amendment(s) incorporated in the Act(s).

Commerce Amendment Act 2001 (2001 No 32) Amendment(s) incorporated in the Act(s).

Crimes Act 1961 (1961 No 43) Amendment(s) incorporated in the Act(s).
Electricity Act 1992 (1992 No 122) Amendment(s) incorporated in the Act(s).

Gas Act 1992 (1992 No 124) Amendment(s) incorporated in the Act(s).

Mercantile Law Act 1908 (1908 No 117) Amendment(s) incorporated in the Act(s).

Public Works Act 1981 (1981 No 35) Amendment(s) incorporated in the Act(s).

Resource Management Act 1991 (1991 No 69) Amendment(s) incorporated in the Act(s).

Submarine Cables and Pipelines Protection Act 1996 (1996 No 22) Amendment(s) incorporated in the Act(s).
231 Telecommunications Act 2001 Reprinted as at 28 May 2015 Telecommunications Amendment Act (No 2) 2006 Public Act 2006 No 83 Date of assent 18 December 2006 Commencement see section 2 1 Title This Act is the Telecommunications Amendment Act (No 2) 2006.

2 (1) Commencement Part 4B of the Telecommunications Act 2001 (as inserted by section 54 of this Act) comes into force as provided in section 156S of that Act.

(2) The rest of this Act comes into force on 22 December 2006.
Part 2 Consequential amendments and transitional provisions Transitional provisions 62 (1) Transitional provision for uncompleted determinations under section 27 This section applies if, before the commencement of this Act, the Commission was— (a) (b) considering an application under section 20 for a determination of all or some of the terms on which a designated access service or specified service must be supplied: otherwise in the process of investigating or preparing a determination under section 27 of all or some of those terms.
(2) The Commission may continue and complete the matter in accordance with— (a) (b) subpart 2 of Part 2 of the principal Act (as if this Act had not been enac- ted); or subpart 2A of Part 2 of the principal Act (as inserted by this Act) as if the determination under section 27 were a standard terms determination.

(3) For the purposes of subsection (2)(b), the provisions of subpart 2A of Part 2 of the principal Act (as inserted by this Act) apply with any necessary modifica- tions.
63 Transitional provision for TSO determinations Despite the amendments made by this Act to the principal Act, the principal Act continues to apply as if those amendments had not been made in respect of any TSO determinations that were commenced, but not completed, before the commencement of this Act.
232 Reprinted as at 28 May 2015 Telecommunications Act 2001 64 (1) Transitional provision for enforcement of determinations and approved codes made before commencement of this Act This section applies to any of the following matters that were made or ap- proved before the commencement of this Act: (a) (b) a determination under section 27: an approved code under Schedule 2.

(2) A matter to which this section applies may be enforced in accordance with sub- part 2 of Part 4A of the principal Act.
(3) For the purposes of subsection (2),— (a) the definition of enforceable matter in section 156N of the principal Act must be read as if— (i) (ii) the reference in paragraph (a) of that definition to a determination made under section 27 were a reference to that determination whether made before or after the commencement of this Act; and the reference in paragraph (f) of that definition to an approved code under Schedule 2 were a reference to that code whether ap- proved before or after the commencement of this Act; and (b) the other provisions of subpart 2 of Part 4A of the principal Act apply with any necessary modifications.
65 Transitional provision for descriptions of services in existing determinations Despite the amendments made to the designated access services under Part 2 of Schedule 1 of this Act, any determinations relating to those services that are in force before the commencement of this Act continue to apply according to their terms as if those amendments had not been enacted.
66 (1) (2) Transitional provision for uncompleted Schedule 3 investigations This section applies to investigations under Schedule 3 of the principal Act that were commenced, but not completed, before the commencement of this Act.

The Commission may continue and complete an investigation to which this section applies in accordance with— (a) (b) Schedule 3 of the principal Act (as if this Act had not been enacted); or Schedule 3 of the principal Act (as amended by this Act).
233 Telecommunications Act 2001 Reprinted as at 28 May 2015 Infrastructure (Amendments Relating to Utilities Access) Act 2010 Public Act 2010 No 99 Date of assent 5 August 2010 Commencement see section 2 1 2 Title This Act is the Infrastructure (Amendments Relating to Utilities Access) Act 2010.

Commencement This Act comes into force on the day after the date on which it receives the Royal assent.
Transitional provision 28 Transitional provision To avoid doubt, the amendments made by this Act are intended to apply pro- spectively only and do not apply to or affect any notice given, request made, condition proposed or agreed to, or any other thing done before this Act comes into force.
234 Reprinted as at 28 May 2015 Telecommunications Act 2001 Telecommunications (TSO, Broadband, and Other Matters) Amendment Act 2011 Public Act 2011 No 27 Date of assent 30 June 2011 Commencement see section 2 1 Title This Act is the Telecommunications (TSO, Broadband, and Other Matters) Amendment Act 2011.

2 (1) (2) (3) (4) Commencement This Act, except subpart 2 of Part 2 and sections 52 to 68, comes into force on the day after the date on which it receives the Royal assent.
Subpart 2 of Part 2 and sections 52 to 68 come into force on separation day, but only if an Order in Council has been made under section 36.

Telecom must publish the date of separation day in the Gazette as soon as prac- ticable after it is known.

Separation day has the meaning set out in section 69B of the principal Act (as inserted by section 51 of this Act).
Part 1 Telecommunications service obligations and general matters Subpart 2—Savings and transitional issues 28 Savings provision for financial years up to and including 2009/10 financial year The principal Act continues to apply, as if this Act had not been passed, to— (a) (b) all TSO instruments, deemed TSO instruments, TSO providers, and lia- ble persons for the financial year ended 30 June 2010 and all prior finan- cial years; and every decision or determination relating to a TSO instrument or deemed TSO instrument made, or required to be made, by the Commission in re- spect of the financial year ended 30 June 2010 and all prior financial years.
29 (1) (2) Transitional provision concerning liability allocation determination for 2010/11 financial year This section applies in respect of the financial year ended 30 June 2011.
For the purposes of subpart 2 of Part 3 of the principal Act,— 235 Telecommunications Act 2001 Reprinted as at 28 May 2015 (a) the definition of liable person (as substituted by this Act) does not apply; and (b) liable person means— (i) a person— (A) who is identified by the Commission as a liable person in its final cost allocation determination, for the financial year ended 30 June 2010, in relation to the deemed TSO instru- ment known as the Telecommunications Service Obliga- tions (TSO) Deed for Local Residential Telephone Service; and (B) whose qualified revenue for the financial year ended 30 June 2010 is equal to or greater than $5 million; and (ii) Telecom; and (c) (d) the definition of qualified revenue (as substituted by this Act) does not apply; and qualified revenue means the amount of revenue (as determined in ac- cordance with any specifications set by the Commission) that, during the financial year, each liable person received from supplying all or any of the following: (i) (ii) telecommunications services by means of its PSTN: telecommunications services by means that rely primarily on the existence of its PSTN or any other PSTN: (iii) directory services in respect of PSTN numbers; and (e) sections 81(1) and 82 do not apply.
(3) For the avoidance of doubt,— (a) (b) section 81(2) and (3) apply for the purpose of determining whether a person is a liable person, within the meaning of subsection (2)(b)(i) of this section, to whom subpart 2 of Part 3 of the principal Act applies in respect of the financial year ended 30 June 2011; and except as provided in subsections (1) and (2) of this section, subpart 2 of Part 3 of the principal Act (as substituted by this Act) otherwise applies in respect of the financial year ended 30 June 2011.
30 Transitional provision concerning information about deemed TSO instruments to be included in TSO cost calculation determinations Section 100BA of the principal Act (as inserted by this Act) does not apply in respect of any TSO charge received by a TSO provider before the 2010/11 fi- nancial year.
236 Reprinted as at 28 May 2015 Telecommunications Act 2001 Part 2 Structural separation of Telecom Subpart 1—Preparation for separation of Telecom 31 Interpretation of this subpart For the purposes of this subpart, the terms defined in Part 2A of the principal Act (as substituted by section 51 of this Act, were that section in force) and used, but not defined, in this subpart have the same meanings as set out in that Part, with necessary modifications.
Approval of asset allocation plan 32 (1) (2) Preparation of asset allocation plan Telecom must prepare an asset allocation plan and submit it to the Minister and the Commission not later than 40 working days after the date on which this section comes into force.

The asset allocation plan must meet the information requirements in subsection (3).
(3) The asset allocation plan must— (a) specify how the assets and liabilities of Telecom as at 5 working days before the plan is submitted are intended to be allocated between Tele- com and Chorus (which obligation may be met by specifying categories of assets and liabilities, rather than every individual asset and liability, if the categorisation is reasonable and enables the Minister to understand where the assets and liabilities will be held after separation day); and (b) specify how each asset, or category of assets, will be used to provide tel- ecommunications services to the market; and (c) specify the key terms of all intended material sharing arrangements.
(4) Material, in this section and section 37, must be determined having regard to the degree of importance of the matter, in terms of its likely impact on, and likely consequences for, the provision of telecommunications services to the market.

33 Updating of asset allocation plan before approval Telecom may, by notice in writing to the Minister, make changes to the asset allocation plan in order to update it at any time before the Minister approves the plan.
34 (1) Decision of Minister concerning approval of asset allocation plan The Minister must, as soon as practicable after receiving the asset allocation plan,— 237 Telecommunications Act 2001 Reprinted as at 28 May 2015 (a) decide whether to recommend or decline to recommend the making of an Order in Council approving the plan under section 36; and (b) notify Telecom of the Minister’s decision.

Before making a decision under subsection (1), the Minister may consult the Commission.
The Minister may decline to recommend the making of an Order in Council under section 36 only if the Minister is not satisfied that the plan meets the in- formation requirements set out in section 32(3).
Variation of asset allocation plan If the Minister declines to recommend the making of an Order in Council ap- proving the asset allocation plan,— (a) (b) (c) the Minister must give reasons to Telecom for not recommending appro- val of the plan; and the Minister must invite Telecom to submit a revised plan; and Telecom must submit any revised plan not later than 15 days after the Minister notifies the Minister’s decision under section 34, or any further time that the Minister may allow.
Sections 32(2) and (3) and 34 and subsection (1) of this section apply, with all necessary modifications, to a revised asset allocation plan as if it were an asset allocation plan.

Asset allocation plan approved by Order in Council The Governor-General may, by Order in Council made on the recommendation of the Minister, approve the asset allocation plan.

(2) (3) 35 (1) (2) 36 (1) (2) An Order in Council under this section may be made only before separation day.
(3) An Order in Council under this section must identify, but need not contain, the asset allocation plan.

Telecom must make overview of asset allocation plan publicly available Telecom must, as soon as practicable after approval of the asset allocation plan under section 36 but no later than separation day, make an overview of the plan publicly available.
The overview must provide sufficient information about the intended allocation of assets and liabilities and sharing arrangements to enable a reasonable person to understand the material aspects of the asset allocation plan.

The requirements in subsections (1) and (2) do not require Telecom to disclose any confidential commercial information.

In this section, publicly available means available at all reasonable times, free of charge, on an Internet site maintained by or on behalf of Telecom.
37 (1) (2) (3) (4) 238 Reprinted as at 28 May 2015 Telecommunications Act 2001 38 Telecom must update Minister and overview on day before separation day Telecom must, on the day before separation day,— (a) make changes to the asset allocation plan in order to update it to take ac- count of— (i) (ii) assets acquired, and liabilities incurred, since the date on which the plan was submitted or approved; and trivial differences between the plan as approved and the demerger arrangement; and (b) (c) notify the Minister in writing of the changes made; and update the overview made available under section 37 to take account of that information.
39 (1) (2) (3) (4) Demerger must be in accordance with asset allocation plan Telecom must ensure that the demerger of Telecom and Chorus under the de- merger arrangement is carried out in accordance with, and gives full effect to, the asset allocation plan as approved under section 36.
The High Court may order Telecom to pay to the Crown a pecuniary penalty not exceeding $10 million if the court is satisfied, on the application of the chief executive of the Ministry, that Telecom has failed, without reasonable ex- cuse, to comply with subsection (1) as at separation day.

Telecom has a reasonable excuse for the purpose of subsection (2) to the extent that the failure to comply is because of a matter notified to the Minister under section 38(b).
Section 156L(2), (4), and (5) of the principal Act apply with all necessary modifications to proceedings under this section.

Approval of Chorus undertakings 40 Minister must consider purposes in section 69W In making a decision under sections 42 and 43, the Minister must consider the purposes set out in section 69W and make the decision that the Minister con- siders best gives, or is best likely to give, effect to the purposes set out in that section.
41 Chorus must submit undertakings for approval by Minister Chorus must submit draft undertakings that comply with section 69XB of the principal Act (were that section in force) not later than 20 working days after the date on which this section comes into force or any later date, before separ- ation day, that the Minister may allow.
239 Telecommunications Act 2001 Reprinted as at 28 May 2015 42 Minister may approve or decline to approve undertakings (1) The Minister must, as soon as practicable after receiving the undertakings, by notice in writing to Chorus,— (a) (b) approve the undertakings; or decline to approve the undertakings.
(2) The Minister must consult the Commission, and may consult any other person that the Minister considers has a material interest, before deciding whether to approve or decline to approve the undertakings.

(3) If the Minister declines to approve the undertakings, the Minister must— (a) (b) give reasons to Chorus for not approving the undertakings; and direct Chorus to prepare and submit amended undertakings.
(4) (5) Chorus must submit amended undertakings to the Minister not later than 15 working days after the date on which approval of the undertakings was de- clined, or any later date that the Minister may allow.

The Minister must notify his or her approval of an undertaking by notice in the Gazette.
43 Approval of amended undertakings (1) As soon as practicable after receiving amended undertakings, the Minister must— (a) (b) approve the undertakings by notice in writing to Chorus; or if the Minister considers that the amended undertakings require further amendment, make any amendments to the undertakings that the Minister considers necessary to give better effect to the purpose and requirements in sections 69W and 69XB of the principal Act.
Before making any amendments to the undertakings under this section, the Minister must advise Chorus of the Minister’s intention to do so and must give Chorus a reasonable opportunity to make submissions on the matter.

The Minister must give notice in writing to Chorus of the approval of the amended undertakings, accompanied by a copy of the undertakings as ap- proved.

The Minister must notify his or her approval of an undertaking by notice in the Gazette.
Failure to submit undertakings The Minister must arrange for undertakings or revised undertakings (as the case may be) to be prepared, and the Minister has all the powers necessary for that purpose, if— (a) Chorus has not submitted the undertakings required under section 41 within the time specified in that section; or (2) (3) (4) 44 (1) 240 Reprinted as at 28 May 2015 Telecommunications Act 2001 (2) (3) 45 (1) (2) 46 (1) (b) Chorus has not given the Minister revised undertakings within the time specified in section 42(4).
Section 69XB of the principal Act and section 43(1), (3), and (4) apply to undertakings prepared under subsection (1) as if the undertakings were amen- ded undertakings submitted by Chorus to the Minister.

If, as a result of the default of Chorus, the Minister acts under subsection (1) the Minister is entitled to be reimbursed for all costs and expenses incurred by the Minister in taking the action.
Notice of separation day Telecom must give notice of separation day and provide information Telecom must make the following information publicly available for a period of not less than 1 month before separation day: (a) (b) the date of separation day: for each designated service or specified service in respect of which Tele- com is an access provider immediately before separation day, which en- tity (Telecom or Chorus) will provide the service and which entity will be subject to the obligations under this Act in respect of that service after separation day.
In this section, publicly available has the same meaning as in section 37, and the information referred to in that section may be combined with the informa- tion referred to in this section.

Approval of proposals for tax purposes Proposals may be approved for tax purposes by Orders in Council The Governor-General may, by Order in Council made on the advice of the Minister of Revenue, approve a proposal signed by or on behalf of Telecom Corporation of New Zealand Limited and ChorusCo.
(2) The proposal may provide for 1 or more of the following matters: (a) (b) (c) (d) specify a day and a purpose relevant to sections 69XO to 69XZ for the purposes of the definition of appointed day in section 69XM: specify a list of assets and liabilities in accordance with subsections (3) and (4) for the purpose of the definition of designated assets and liabil- ities in section 69XM: prescribe the manner in which the volume weighted average price is to be calculated for the purposes of section 69XP(6): amend an earlier proposal with effect from the date on which the earlier proposal took effect or from a later date, if appropriate.
(3) A list of assets and liabilities may be in the form of references to ledgers or registers maintained by a Telecom company or a Chorus company, or be in any 241 Telecommunications Act 2001 Reprinted as at 28 May 2015 other form, and be accompanied by any other information, that is reasonable and appropriate.

(4) A designated asset or designated liability may consist of part only of an asset or liability.

(5) An Order in Council under this section must identify, but need not contain, the proposal.
(6) In this section, the references to sections 69XO to 69XZ, 69XM, and 69XP are references to those sections of the principal Act as inserted by section 51 of this Act, were section 51 and each of those sections in force.
Subpart 3—Consequential amendments, saving, transitional provisions, and miscellaneous matters Transitional provision relating to TSO obligations 69 TSO provider cannot request TSO cost calculation determination under section 94 for financial year in which separation day occurs (1) Despite section 94, a TSO provider under a TSO instrument that does not con- tain a specified amount may not notify the Commission that it wishes to invoke the procedure in sections 94D to 94K for the preparation of a TSO cost calcula- tion determination for the financial year in which separation day occurs.
(2) To avoid doubt, for the financial year in which separation day occurs, the TSO charges for a TSO instrument that does not contain a specified amount are deemed to be zero as provided in section 94C.

Transitional provision relating to shared asset arrangements 70 Minister may grant exemptions in relation to shared asset arrangements The Minister may grant an exemption under section 69N of the principal Act (as inserted by section 51 of this Act) as if those sections were in force.
Saving and transitional provisions relating to designated access services Standard terms determinations continue to apply Each standard terms determination referred to in the first column of the follow- ing table remains in force and continues to apply as if the determination were a determination made by the Commission for the designated access service set out in the second column of that table opposite that determination: Standard terms determination Standard terms determination for Tele- com’s unbundled bitstream access, 12 December 2007 Standard terms determination for Tele- com’s unbundled bitstream access back- haul service, 27 June 2008 Designated access service Chorus’s unbundled bitstream access Chorus’s unbundled bitstream access backhaul 71 (1) 242 Reprinted as at 28 May 2015 Telecommunications Act 2001 Standard terms determination Standard terms determination for Tele- com’s unbundled copper local loop net- work service, 7 November 2007 Standard terms determination for the designated services of Telecom’s unbun- dled copper local loop network service (Sub-loop UCLL), Telecom’s unbundled copper local loop network co-location service (Sub-loop Co-location) and Tel- ecom’s unbundled copper local loop net- work backhaul service (Sub-loop back- haul), 18 June 2009 (the Sub-loop serv- ices standard terms determination) Standard terms determination for Tele- com’s unbundled copper local loop net- work co-location service, 7 November 2007 Sub-loop services standard terms deter- mination Sub-loop services
 standard terms deter- mination Standard terms determination for Tele- com’s unbundled copper local loop net- work backhaul (telephone exchange to interconnect point) service, 27 June 2008 Designated access service Chorus’s unbundled copper local loop network Chorus’s unbundled copper local loop network co- location Chorus’s unbundled copper local loop network backhaul (distribution cabinet to telephone ex- change) Chorus’s unbundled copper local loop network backhaul (telephone exchange to interconnect point) (2) (3) 72 (1) Part 2 of the principal Act applies to each standard terms determination accord- ingly.
Subsections (1) and (2) are subject to sections 72 to 79.
General provision concerning reviews of standard terms determinations for purpose of implementing amendments to Schedule 1 of principal Act The Commission may review any standard terms determination referred to in section 71 under section 30R for the purpose of making any changes to the de- termination that the Commission considers necessary to implement the amend- ments made by this Act to Schedule 1 of the principal Act— (a) (b) before the relevant amendments come into force or take effect; and as if the relevant amendments were in force or had taken effect.
(2) However,— (a) (b) the Commission must review the standard terms determination for Tele- com’s unbundled bitstream access dated 12 December 2007 before sep- aration day, as referred to in section 73(1); and the Commission must make reasonable efforts to conduct a review of certain determinations— (i) before separation day, as referred to in section 73(2); and 243 Telecommunications Act 2001 Reprinted as at 28 May 2015 (c) (d) (e) (ii) before the expiry of 1 year from separation day, as referred to in section 77; and the Commission may not make a replacement determination under sec- tion 30R(2); and any variation of, addition to, or deletion of terms in a determination for the purpose of implementing an amendment made by this Act to the principal Act may not come into force or take effect until the relevant amendment comes into force or takes effect; and on conducting any review of the standard terms determination for Tele- com’s unbundled copper local loop network service dated 7 November 2007 and the Sub-loop services standard terms determination, the Com- mission’s powers under section 30R are subject to section 73(3).
73 (1) Commission must complete reviews of standard terms determinations for certain designated access services before separation day The Commission must review the standard terms determination for Telecom’s unbundled bitstream access dated 12 December 2007 before separation day for the purpose of making any changes to the determination that may be necessary for the purpose of implementing clause 4A of subpart 1 of Part 1 of Schedule 1 of the principal Act from the close of the day before separation day.
(2) The Commission must make reasonable efforts to do the following before sep- aration day: (a) (b) review each of the standard terms determinations referred to in the first column of the table in subsection (5) for the purpose of making any changes or (in the case of the standard terms determination for Tele- com’s unbundled bitstream access) any further changes that may be necessary in order for the determination to apply to the designated ac- cess service set out opposite that determination in the second column of that table from the close of the day before separation day; and review the standard terms determination for Telecom’s unbundled cop- per local loop network dated 7 November 2007 (in this section, the un- bundled copper local loop network determination) and the Sub-loop services standard terms determination for the purpose of making any changes to those determinations that may be necessary for the purpose of implementing clause 4A of subpart 1 of Part 1 of Schedule 1; and (c) give public notice of the results of each review.
(3) However, no variation of, addition to, or deletion of terms in the unbundled copper local loop network determination or the Sub-loop services standard terms determination that relates to the implementation of clause 4A of subpart 1 of Part 1 of Schedule 1 may take effect before the expiry of 3 years from sep- aration day.
244 Reprinted as at 28 May 2015 Telecommunications Act 2001 (4) (5) 74 (1) To avoid doubt, clause 4A of subpart 1 of Part 1 of Schedule 1 of the principal Act applies to Chorus’s unbundled bitstream access service on and after separ- ation day and any changes made to the standard terms determination in accord- ance with subsection (1) for the purpose of implementing that clause take effect from the close of the day before separation day.
The table referred to in subsection (2) is— Standard terms determination Standard terms determination for Telecom’s unbundled bitstream access, 12 December 2007 Standard terms determination for Telecom’s unbundled copper local loop network co-loca- tion service, 7 November 2007 Standard terms determination for Telecom’s unbundled copper local loop network backhaul (telephone exchange to interconnect point) service, 27 June 2008 Designated access service Chorus’s unbundled bitstream access (exclud- ing the initial and the final pricing principles applicable after the expiry of 3 years from separation day) Chorus’s unbundled copper local loop net- work co-location Chorus’s unbundled copper local loop net- work backhaul (telephone exchange to inter- connect point) Commission must make standard terms determination for Chorus’s unbundled copper low frequency service before separation day The Commission must make reasonable efforts to make a standard terms deter- mination under section 30M for Chorus’s unbundled copper low frequency service before separation day.
(2) The standard terms determination must— (a) be made in accordance with the procedure and requirements set out in sections 30D to 30Q; and (b) apply from the close of the day before separation day.
Further transitional provisions relating to Chorus’s unbundled bitstream access service 75 Certain clauses of standard terms determination do not apply to Chorus’s unbundled bitstream access service Despite section 71(1), the following clauses of Schedule 2 of the standard terms determination for Telecom’s unbundled bitstream access service dated 12 December 2007 do not apply to Chorus’s unbundled bitstream access serv- ice from the close of the day before separation day: (a) (b) (c) (d) clause 4 (adjustment to basic UBA monthly (with POTS) charge): clause 4B (quarterly adjustment to early termination charge): clause 5 (adjustment to enhanced UBA monthly (with POTS) charge): clause 6 (adjustment to enhanced UBA service (without POTS) charges).
245 Telecommunications Act 2001 Reprinted as at 28 May 2015 76 Certain provisions of Part 2 and Schedule 3 of principal Act do not apply in relation to Chorus’s unbundled bitstream access service Despite section 71(2), the following provisions of the principal Act do not apply in relation to Chorus’s unbundled bitstream access service for the period starting on separation day and ending 3 years after separation day: (a) (b) (c) (d) section 30R (review of standard terms determination), except as provi- ded in sections 73 and 77: section 30V (application for residual terms determination): section 59 (reconsideration of determination): clause 1(1) and (5) of Schedule 3 (Commission’s investigation).
77 (1) Review of standard terms determination for unbundled bitstream access service before expiry of 1 year from separation day The Commission must make reasonable efforts to do the following before the expiry of 1 year from separation day: (a) review the standard terms determination for Chorus’s unbundled bit- stream access service under section 30R for the purpose of making any changes that may be necessary in order to implement the initial and final pricing principles applicable after the expiry of 3 years from separation day; and (b) give public notice of the result of the review.
(2) To avoid doubt, no variation of, addition to, or deletion of terms specified in the standard terms determination as a result of the Commission’s review in ac- cordance with subsection (1) may take effect before the expiry of 3 years from separation day.
78 Party to standard terms determination for Chorus’s unbundled bitstream access service may apply for pricing review (1) A party to the standard terms determination for Chorus’s unbundled bitstream access service may apply for a pricing review under section 42 as if the review under section 77(1)(a) were a determination made under section 30M regarding the price payable for the service.
(2) The pricing review application must be made in accordance with section 43, except that section 43(b)(ii) (which relates to the time within which an applica- tion under section 42 must be made) does not apply and the application must be given to the Commission not later than 25 working days after the Commission gives public notice of the review in accordance with section 77(1)(b).
(3) The Commission must make reasonable efforts to complete the pricing review determination before the expiry of 3 years from separation day.

246 Reprinted as at 28 May 2015 Telecommunications Act 2001 79 (1) (2) (3) (4) Chorus’s unbundled bitstream access prices grandfathered This section applies in relation to a subscriber line if an access seeker is being supplied with a UBA service in relation to that subscriber line before separ- ation day.
Chorus must, for the period starting on separation day and ending 3 years after separation day, provide each service component identified in items 2.1 to 2.8 of Schedule 2 of the standard terms determination for Telecom’s unbundled bit- stream access service dated 12 December 2007 at whichever of the following is the lower: (a) (b) the price that applies under the determination for the date on which this Act receives the Royal assent, if that price is set out in the standard terms determination before the day before separation day: the price set out in the standard terms determination on the day before separation day.
From the end of the period referred to in subsection (2), the initial pricing prin- ciple or the final pricing principle (whichever applies) for Chorus’s unbundled bitstream access service applies to unbundled bitstream access services pur- chased by access seekers before separation day.

In this section, UBA service has the meaning set out in clause 1 of the standard terms determination for Telecom’s unbundled bitstream access service dated 12 December 2007.
Miscellaneous 80 Operational separation undertakings cease to have effect The separation undertakings given by Telecom in favour of the Crown for the purposes of Part 2A (before its repeal and substitution by this Act) cease to have legal effect from the close of the day before separation day.
247 Notes Telecommunications Act 2001 Reprinted as at 28 May 2015 Reprints notes 1 2 General This is a reprint of the Telecommunications Act 2001 that incorporates all the amendments to that Act as at the date of the last amendment to it.

Legal status Reprints are presumed to correctly state, as at the date of the reprint, the law enacted by the principal enactment and by any amendments to that enactment.
Section 18 of the Legislation Act 2012 provides that this reprint, published in electronic form, has the status of an official version under section 17 of that Act.

A printed version of the reprint produced directly from this official elec- tronic version also has official status.

3 Editorial and format changes Editorial and format changes to reprints are made using the powers under sec- tions 24 to 26 of the Legislation Act 2012.

See also http://www.pco.parlia- ment.govt.nz/editorial-conventions/.
4 Amendments incorporated in this reprint Telecommunications (Development Levy) Amendment Act 2015 (2015 No 54) Telecommunications Amendment Act 2013 (2013 No 136) Financial Reporting (Amendments to Other Enactments) Act 2013 (2013 No 102): section 126 Telecommunications (Interception Capability and Security) Act 2013 (2013 No 91): section 123 Holidays (Full Recognition of Waitangi Day and ANZAC Day) Amendment Act 2013 (2013 No 19): section 8 Legislation Act 2012 (2012 No 119): section 77(3) Telecommunications (International Co-operation) Amendment Act 2012 (2012 No 87) Search and Surveillance Act 2012 (2012 No 24): section 339 Criminal Procedure Act 2011 (2011 No 81): section 413 Telecommunications (TSO, Broadband, and Other Matters) Amendment Act 2011 (2011 No 27) Telecommunications (Retail Services and Bundle of Retail Services) Order 2011 (SR 2011/200) Telecommunications (Mobile Termination Access Services) Order 2010 (SR 2010/262) Infrastructure (Amendments Relating to Utilities Access) Act 2010 (2010 No 99): sections 5–12 Telecommunications Amendment Act 2010 (2010 No 90) Telecommunications (National Roaming) Order 2008 (SR 2008/251) Telecommunications Amendment Act (No 2) 2006 (2006 No 83) Telecommunications Amendment Act 2005 (2005 No 70) Crown Entities Act 2004 (2004 No 115): section 200 Telecommunications (Initial Pricing Principle) Order 2003 (SR 2003/357) Supreme Court Act 2003 (2003 No 53): section 48(2) Crimes Amendment Act 2003 (2003 No 39): section 35 248 Reprinted as at 28 May 2015
 Telecommunications Act 2001 Notes Local Government Act 2002 (2002 No 84): section 262 Telecommunications Act 2001 (2001 No 103): section 65(1)(a) Wellington, New Zealand: Published under the authority of the New Zealand Government—2015 249