Telecommunications Act 2001

Designated services and specified services - Determinations for designated access services and specified services - Application

22: When application may not be made

You could also call this:

"When you can't ask for a decision under the Telecommunications Act"

Illustration for Telecommunications Act 2001

You cannot apply for a determination under the Telecommunications Act 2001 if you have not tried to negotiate with the other person involved. You also cannot apply if a standard terms development process is happening or a standard terms determination is already in place for the service. The applicable conditions for the service must be met before you can apply.

If you apply under section 20, the Commission may check if the conditions are met. They can also check when they are preparing a determination under section 27. The Commission must stop their investigation if they find the conditions are not met.

The Commission can stop all or part of their investigation if they find the conditions are not met. This happens when they are not satisfied with the conditions for the service. You should know the Commission has the power to investigate and stop the process if needed.

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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=DLM125785.

Topics:

Business > Industry rulesMoney and consumer rights > Consumer protection

21: When application must be treated as application for pricing review determination, or

"When a price dispute is only about a discount, it's treated as a pricing review application."

22A: Effect of application on existing agreement for supply of designated access service or specified service, or

"What happens to your service agreement if you ask for a decision about your telecom service?"

Part 2Designated services and specified services
Determinations for designated access services and specified services: Application

22When application may not be made

Despite section 20, no person may apply for a determination if—
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.

Repealed
The Commission may investigate whether subsection (1)(d) applies either at the time—
it receives an application made under section 20; or
it prepares a determination under section 27.

However, if the Commission is satisfied, at any time, that the applicable conditions in relation to the service have not been met, the Commission must discontinue—
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.

Notes

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): repealed, on 13 November 2018, by section 38 of the Telecommunications (New Regulatory Framework) Amendment Act 2018 (2018 No 48).
Section 22(3): added, on 22 December 2006, by section 10(3) of the Telecommunications Amendment Act (No 2) 2006 (2006 No 83).
Section 22(4): added, on 22 December 2006, by section 10(3) of the Telecommunications Amendment Act (No 2) 2006 (2006 No 83).