Telecommunications Act 2001

Preliminary - Commerce Commission - Telecommunications Commissioner

9: Appointment of Telecommunications Commissioner

You could also call this:

"The Government chooses a special person called the Telecommunications Commissioner to oversee telecommunications."

Illustration for Telecommunications Act 2001

There must be a Telecommunications Commissioner. You can find out more about the Commissioner's role in the Commission as provided in section 9(3) of the Commerce Act 1986. The Governor-General appoints the Telecommunications Commissioner, but only after the Minister recommends someone for the job.

The Minister can only recommend someone who they think is qualified for the job, considering the functions and powers of the Commission. You are qualified for the job if you have knowledge of, or experience in, the telecommunications industry or other areas like commerce, economics, or law.

The Minister's decision is not limited by section 29 of the Crown Entities Act 2004, which has its own rules.

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This page was last updated on 28 May 2025

View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM125747.

Topics:

Business > Industry rulesGovernment and voting > Government departments

8: Act binds the Crown, or

"The government and its departments must follow this law too."

9A: Functions of Commission in relation to sector monitoring and information dissemination, or

"The Commission's job is to watch over phone and internet companies and share information with you."

Part 1Preliminary
Commerce Commission: Telecommunications Commissioner

9Appointment 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 appointed by the Governor-General on the recommendation of the Minister.
Subsection (3) applies despite section 28(1)(b) of the Crown Entities Act 2004.
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.
For the purposes of subsection (4), a person is qualified for appointment by virtue of that person's knowledge of, or experience in, the telecommunications industry or any other industry, commerce, economics, law, accountancy, public administration, or consumer affairs.
Subsections (4) and (5) do not limit section 29 of the Crown Entities Act 2004.

Notes

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).