Telecommunications Act 2001

Preliminary - Commerce Commission - Application of Commerce Act 1986

15: Application of Commerce Act 1986 and Crown Entities Act 2004

You could also call this:

"How other laws, like the Commerce Act and Crown Entities Act, apply to telecommunications in New Zealand"

Illustration for Telecommunications Act 2001

Some parts of the Commerce Act 1986 apply to the Telecommunications Act 2001. You can find these parts in the Commerce Act 1986. They include things like how meetings are run and how the Commission can get information.

Other parts of the Commerce Act 1986 also apply, like how the Commission can make decisions and how notices are served. You can find more information about this in Part 6 of the Telecommunications Act 2001. Some sections, such as sections 88 and 88A, apply with modifications as specified in section 156MD.

The Crown Entities Act 2004 also applies to the Telecommunications Act 2001. You can find more information about this in the Crown Entities Act 2004. When a notice is given under the Telecommunications Act 2001, it is treated like a notice under the Commerce Act 1986.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM125762.


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Part 1Preliminary
Commerce Commission: Application of Commerce Act 1986

15Application of Commerce Act 1986 and Crown Entities Act 2004

  1. The following provisions of the Commerce Act 1986 apply with any necessary modifications:

    1. section 13 (termination of appointment of members):
        1. section 15 (except as provided in section 10(4) of this Act) (meetings of Commission):
            1. section 98 (Commission may require person to supply information or documents or give evidence):
              1. subject to section 16, sections 98A and 98G (Commission's powers of search and seizure):
                1. section 99 (powers of Commission to take evidence):
                  1. sections 99B(a) and 99C to 99P (assistance to overseas regulators), as if—
                    1. references in those sections to competition law functions, or functions in relation to competition law, were references to functions relating to the regulation of telecommunications; and
                      1. references in those sections to the Minister were references to the Minister responsible for telecommunications:
                      2. section 100 (powers of Commission to prohibit disclosure of information, documents, and evidence):
                        1. section 100A (Commission may state case for opinion of High Court):
                          1. sections 101 (notices) and 102 (service of notices):
                            1. section 103 (offences):
                              1. section 104 (determinations of Commission):
                                  1. section 106 (proceedings privileged):
                                    1. section 106A (judicial notice):
                                      1. section 109 (Commission may prescribe forms).
                                        1. The following provisions of the Commerce Act 1986 apply, with any necessary modifications, as specified in Part 6 of this Act:

                                        2. section 77 (additional lay members of High Court for purposes of appellate jurisdiction in respect of Commission determinations):
                                          1. sections 79A and 79B:
                                            1. sections 88, 88A, and 90:
                                              1. sections 93 to 97:
                                                1. Schedule 5.
                                                  1. Sections 88 and 88A of the Commerce Act 1986 apply, with any necessary modifications, as specified in section 156MD.

                                                  2. For the purposes of subsection (1)(l), the necessary modifications referred to in that subsection include (without limitation) treating a notice under any of sections 10A, 187(1)(c), 193, and 221 of this Act as a notice referred to in section 103(1)(a) of the Commerce Act 1986.

                                                  Notes
                                                  • Section 15 heading: amended, on , by section 200 of the Crown Entities Act 2004 (2004 No 115).
                                                  • Section 15(1)(a): repealed, on , by section 200 of the Crown Entities Act 2004 (2004 No 115).
                                                  • Section 15(1)(c): repealed, on , by section 200 of the Crown Entities Act 2004 (2004 No 115).
                                                  • Section 15(1)(d): amended, on , by section 200 of the Crown Entities Act 2004 (2004 No 115).
                                                  • Section 15(1)(e): repealed, on , by section 200 of the Crown Entities Act 2004 (2004 No 115).
                                                  • Section 15(1)(g): amended, on , by section 339(2) of the Search and Surveillance Act 2012 (2012 No 24).
                                                  • Section 15(1)(ha): inserted, on , by section 4 of the Telecommunications (International Co-operation) Amendment Act 2012 (2012 No 87).
                                                  • Section 15(1)(n): repealed, on , by section 200 of the Crown Entities Act 2004 (2004 No 115).
                                                  • Section 15(2): inserted, on , by section 20 of the Telecommunications (New Regulatory Framework) Amendment Act 2018 (2018 No 48).
                                                  • Section 15(3): inserted, on , by section 20 of the Telecommunications (New Regulatory Framework) Amendment Act 2018 (2018 No 48).
                                                  • Section 15(4): inserted, on , by section 20 of the Telecommunications (New Regulatory Framework) Amendment Act 2018 (2018 No 48).