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Telecommunications Act 2001

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

40: Matters to be included in determination

You could also call this:

"What must be included when deciding how to share a service and its costs"

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When a determination is made, it must include some important details. You need to know what functions a system must perform to deliver the service and the standard it must meet. The determination must also include a formula for how the cost of delivering the service will be shared between the parties involved and any new access providers.

The parties involved must provide the service using a system that meets the functions and standards set out in the determination. They must also make payments to access providers based on the formula in the determination. The determination may include terms and conditions, actions that parties must take or avoid, and an expiry date.

If some of these details are already covered in an approved code, then the determination does not need to include them, as stated in subsection (1)(a) which applies only to the extent that the matters have not already been provided for in an approved code, and you can find more information about changes to this section in the Secondary Legislation Act 2021.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM126098.

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

40Matters to be included in determination

  1. Subject to subsection (2), a designated multinetwork service determination must include—

  2. the functions that must be performed by a system for delivering the service and the standard to which those functions must be performed; and
    1. the formula for how the cost of delivering the service must be apportioned between the parties to the determination and every person who becomes an access provider after the determination is made; and
      1. the requirement that all the parties to the determination provide the service by means of a system that is consistent with the functions and the standards set out in the determination; and
        1. the requirement that any party to the determination make payments to an access provider of amounts calculated in accordance with the formula set out in the determination; 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. Subsection (1)(a) applies only to the extent that the matters referred to in that paragraph have not already been provided for in an approved code.

                  Notes
                  • Section 40(1)(e): repealed, on , by section 3 of the Secondary Legislation Act 2021 (2021 No 7).