10Performance of Commission's functions

1. Subject to subsection (2) and sections 15 and 17,—

2. the Telecommunications Commissioner and no fewer than 2 other members of the Commission must—
   1. make every determination in respect of a designated multinetwork service under section 39; and
   2. make every pricing review determination under section 51; and
   3. make every liability allocation determination under section 87; and
   4. make every TSO cost calculation determination under section 94J; and
   5. make every determination in respect of fibre fixed line access services under Part 6; and
3. the determinations referred to in paragraph (a) must, if the Telecommunications Commissioner and the other members of the Commission are not unanimous in their view, be made in accordance with the majority view; and
4. 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 Telecommunications Commissioner and no fewer than 2 other members of the Commission in accordance with clause 4 of Schedule 3, and—
   1. 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
   2. the final report must include the majority view and any dissenting views; and
5. every function of the Commission under this Act (other than any of the functions set out in paragraphs (a) and (b)) must be performed—
   1. by the Telecommunications Commissioner alone; or
   2. if the Telecommunications Commissioner requests the chairperson of the Commission to make 2 or more 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 those other members of the Commission.

6. If there is no Telecommunications Commissioner or if the Telecommunications Commissioner is for any reason unable to perform the functions of the Commission that would otherwise have been performed by him or her under this Act,—

7. those functions must be performed by the chairperson of the Commission; and
8. 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.

9. The chairperson of the Commission is responsible for determining which members of the Commission, other than the Telecommunications Commissioner, must perform the functions referred to in subsection (1).

10. 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).