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Telecommunications Act 2001

Designated services and specified services - Supplementary provisions for all determinations

59: Reconsideration of determination

You could also call this:

"The Commission can change a decision if you ask them to and something important has changed."

Illustration for Telecommunications Act 2001

The Commission can change a decision they made earlier if you ask them to. They can do this if something important has changed since they made the decision, or if the decision was based on wrong or misleading information. You can ask the Commission to change a decision, but they cannot do this if someone is already appealing the decision. When the Commission looks at a decision again, they have to follow the same steps they did the first time.

The Commission's decision still applies until they make a new one. If the Commission changes or cancels a decision, this change is considered secondary legislation, see Part 3 of the Legislation Act 2019 for more information about this. The Commission has to follow certain rules when they make these changes, which are outlined in the Legislation Act 2019.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM126438.

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58: Clarification of determination, or

"The Commission can clarify a decision to make it clearer at any time."

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60: Appeals from certain determinations under Part 2, or

"Appealing a decision made under the Telecommunications Act"

Part 2Designated services and specified services
Supplementary provisions for all determinations

59Reconsideration of determination

  1. Subject to subsection (2), the Commission may at any time, on the application of a party to a determination, revoke or amend the determination or revoke the determination and make a further determination in substitution for it if the Commission considers that—

  2. there has been a material change of circumstances since the date on which a determination was made or last reconsidered; or
      1. the determination was made on the basis of information that was false or misleading in a material particular.

        1. A determination may not be reconsidered if an appeal is pending in respect of the determination.

        2. In reconsidering a determination, the Commission must follow the same process that was followed for the initial determination.

        3. To avoid doubt, a determination continues to have effect and is enforceable pending its reconsideration under this section.

        4. A revocation or amendment under this section is secondary legislation (see Part 3 of the Legislation Act 2019 for publication requirements).

        Notes
        • Section 59(1)(b): repealed, on , by section 27 of the Telecommunications Amendment Act (No 2) 2006 (2006 No 83).
        • Section 59(5): replaced, on , by section 3 of the Secondary Legislation Act 2021 (2021 No 7).