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Telecommunications Act 2001

Telecommunications service obligations - TSO instruments

70: Declaration of TSO instruments

You could also call this:

"Rules to help everyone in New Zealand get important phone and internet services"

Illustration for Telecommunications Act 2001

The government wants to make sure some groups of people in New Zealand can get certain telecommunications services. You might be part of a group that cannot get these services otherwise, or they might be too expensive for you. The government can make a special rule, called a TSO instrument, to help you get these services.

The Minister is in charge of recommending which services should have a TSO instrument. You need to know that the Minister must talk to the people who will be affected by the new rule before making a recommendation. The Minister also needs to make sure the service provider agrees to the new rule.

A TSO instrument is a special agreement between the government and a service provider. It says what services will be provided, to whom, and at what price. It also says what area the services will be provided in and what standards the services must meet.

When the government makes a new TSO instrument, it is a type of law called secondary legislation, (see Part 3 of the Legislation Act 2019 for more information about this). You can find out more about secondary legislation and how it is published. This helps you understand how the government makes sure you can get the telecommunications services you need.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM126860.

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Part 3Telecommunications service obligations
TSO instruments

70Declaration of TSO instruments

  1. The purpose of this section is to facilitate the supply of certain telecommunications services to groups of end-users within New Zealand to whom those telecommunications services may not otherwise be supplied on a commercial basis or at a price that is considered by the Minister to be affordable to those groups of end-users.

  2. Subject to subsection (3), the Governor-General may, by Order in Council made on the recommendation of the Minister, declare an instrument that is identified in the Order in Council and that meets the requirements set out in subsection (4) to be a TSO instrument.

  3. The Minister must not make a recommendation under subsection (2) unless—

  4. the service provider to whom the instrument applies agrees to the instrument being declared a TSO instrument; and
    1. the Minister has first—
      1. consulted liable persons and any persons and organisations that the Minister considers appropriate having regard to the subject matter of the proposed TSO instrument; and
        1. assessed whether or not contestability could reasonably be achieved in relation to each of the obligations to which the instrument applies.

        2. An instrument that is to be declared a TSO instrument must—

        3. record a contract or arrangement or an understanding between the Crown and a service provider for the supply of a particular telecommunications service or range of telecommunications services; and
          1. identify the group of end-users to whom the service must be supplied; and
            1. define the geographical area within which the service must be supplied; and
              1. specify the retail price at, or below which, the service must be supplied; and
                1. specify the criteria that must be met for the standard of the service to be supplied.

                  1. An order under this section is secondary legislation (see Part 3 of the Legislation Act 2019 for publication requirements).

                  2. Repealed
                  Notes
                  • Section 70(5): inserted, on , by section 3 of the Secondary Legislation Act 2021 (2021 No 7).
                  • Section 70(5): repealed, on , by section 33 of the Telecommunications Amendment Act (No 2) 2006 (2006 No 83).