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Telecommunications Act 2001

Designated services and specified services - Matters relating to regulation-making powers for designated services and specified services

68: Minister's recommendation subject to procedure in Schedule 3

You could also call this:

"The Minister can only recommend changes to telecom services if they follow a set process and agree with the Commission's advice."

Illustration for Telecommunications Act 2001

The Minister cannot make a recommendation about changing a telecommunications service unless they agree with the Commission's recommendation. You can find the Commission's recommendation in section 66 or 67. The Commission must follow a certain procedure when making their recommendation.

The procedure the Commission follows depends on the type of telecommunications service. If the service is being added to a certain list, the Commission follows the procedure in Part 2 of Schedule 3. In any other case, the Commission follows the procedure in Part 1 of Schedule 3.

The Minister can still make a recommendation to change small details of a proposed alteration. This is allowed if the Minister's recommendation does what the Commission recommended and does not differ in any important way, such as only changing the wording or minor details, as outlined in section 66 or 67.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM126455.

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67: Alterations to clauses 1 to 6 of Schedule 1, or

"The Governor-General can change some telecommunications rules with the Minister's help."

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68A: Application of Schedule 3A, or

"When Schedule 3 is used, Schedule 3A also applies"

Part 2Designated services and specified services
Matters relating to regulation-making powers for designated services and specified services

68Minister's recommendation subject to procedure in Schedule 3

  1. The Minister must not make a recommendation under section 66 or 67 unless the Minister accepts the Commission's recommendation that the proposed alteration be made.

  2. The Commission's recommendation must be made in accordance with the procedure set out in—

  3. Part 2 of Schedule 3 for a telecommunications service that is omitted from Part 3 of Schedule 1 and is added to Part 2 of that schedule; or
    1. Part 1 of Schedule 3 in any other case.

      1. This section does not prevent the Minister from making a recommendation under section 66 or 67 to amend the detail of a proposed alteration so long as the recommendation—

      2. implements the effect of the Commission's recommendation on the proposed alteration; and
        1. does not differ from that recommendation in any material way (for example, other than in matters of drafting style or minor detail).

          Notes
          • Section 68: substituted, on , by section 31 of the Telecommunications Amendment Act (No 2) 2006 (2006 No 83).