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Telecommunications Act 2001

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

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

You could also call this:

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

Illustration for Telecommunications Act 2001

If you apply for a decision under section 27 about a service, and you already have an agreement with the service provider, this section applies to you. The service provider must not treat you unfairly because you made the application. You are protected from the service provider acting in a way that hurts your interests.

If the service provider wants to stop supplying the service, they can only do this if a decision is made under section 27 and they start supplying the service according to that decision. The service provider must follow the terms of the decision.

However, if your agreement with the service provider has already ended or was terminated for a reason not related to your application, the service provider does not have to follow the rules about stopping the service. If there is a conflict between the decision and your agreement, the decision is more important.

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This page was last updated on

View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM125789.

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

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"What you must do when making a written application"

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

22AEffect of application on existing agreement for supply of designated access service or specified service

  1. This section applies if an access seeker of a designated access service or specified 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.

  2. 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.

  3. The access provider may discontinue the supply of the service under the agreement only if—

  4. a determination is made under section 27 for that service or a comparable service; and
    1. the access provider begins to supply the service on the terms specified in the determination.

      1. Subsection (3) does not apply if, before the date on which the determination is made, the agreement—

      2. has already expired; or
        1. has been terminated for a reason that is unrelated to the making of the application.

          1. If there is any inconsistency between the determination and the agreement, the determination prevails.

          Notes
          • Section 22A: inserted, on , by section 11 of the Telecommunications Amendment Act (No 2) 2006 (2006 No 83).