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Telecommunications Act 2001

Telecommunications service obligations - TSO instruments

71: Deemed TSO instrument

You could also call this:

"What is a 'Deemed TSO instrument' in the Telecommunications Act 2001?"

Illustration for Telecommunications Act 2001

If you look at the law, you will see that some documents are considered special. These special documents are called deemed TSO instruments. You can find more information about TSO instruments in section 70.

You might wonder what makes a document a deemed TSO instrument. It happens when the people who wrote the document say they want it to be a deemed TSO instrument under this law. It also has to be related to the structural separation of Telecom.

This means that even if the document does not exactly fit the usual rules, it can still be considered a deemed TSO instrument. This is important for understanding how the law works in this area. You can learn more about how this law was changed by looking at the Telecommunications (TSO, Broadband, and Other Matters) Amendment Act 2011.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM126862.

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Part 3Telecommunications service obligations
TSO instruments

71Deemed TSO instrument

  1. Despite anything to the contrary in section 70, any other enactment, or rule of law, an instrument of the kind referred to in subsection (2) is deemed to be a TSO instrument (deemed TSO instrument) for the purposes of this Part (as if that instrument had been declared to be a TSO instrument under section 70).

  2. Subsection (1) applies to any other instrument that—

  3. includes or records provisions that state that the parties intend the instrument to be a deemed TSO instrument under this Act; and
    1. is conditional on, or entered into as a consequence of, the structural separation of Telecom.

      Notes
      • Section 71(2): substituted, on , by section 8 of the Telecommunications (TSO, Broadband, and Other Matters) Amendment Act 2011 (2011 No 27).