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Telecommunications Act 2001

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

30: Matters to be included in determination

You could also call this:

"What a decision must include when sorting out telecoms issues"

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When a determination is made, it must include some important details. You need to know what terms the service must be supplied on. The determination must also include any terms and conditions it was made under. It will say what actions a party must take or not take, and when the determination will expire.

A determination can also include other terms, such as how to resolve disputes or what happens if someone breaches the determination. It might say what happens if the service is suspended or terminated, or if someone wants to assign the service to another party.

You can find more information about the Telecommunications Act 2001 and its amendments, such as the Secondary Legislation Act 2021 and the Telecommunications Amendment Act (No 2) 2006, on the New Zealand legislation website.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM126002.

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29: Requirements for determination, or

"Rules the Commission must follow when making a decision"

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"A guide to how the Commission makes rules for some telecommunications services in New Zealand."

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

30Matters to be included in determination

  1. A determination must include—

  2. the terms on which the service must be supplied; and
      1. the terms and conditions (if any) on which the determination is made; and
        1. the actions (if any) that a party to the determination must do or refrain from doing; and
          1. the expiry date of the determination.

            1. To avoid doubt, a determination may also include, without limitation, terms concerning any or all of the following matters:

            2. dispute resolution procedures:
              1. the consequences of a breach of the determination (including provision for set-off or withholding rights, or liquidated damages):
                1. suspension and termination of the service:
                  1. procedures for, or restrictions on, assignment of the service.

                    Notes
                    • Section 30(1)(b): repealed, on , by section 3 of the Secondary Legislation Act 2021 (2021 No 7).
                    • Section 30(2): added, on , by section 12 of the Telecommunications Amendment Act (No 2) 2006 (2006 No 83).