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Telecommunications Act 2001

Telecommunications service obligations - TSO instruments

76: When instrument ceases to be TSO instrument

You could also call this:

"When a special phone or internet rule stops being a rule"

Illustration for Telecommunications Act 2001

When you have an instrument that is a TSO instrument, it stops being one in certain situations. This happens if the Governor-General revokes the declaration of that TSO instrument under section 70, or if the Governor-General appoints a date for it to stop being a TSO instrument. It also stops being a TSO instrument if it is terminated according to its terms.

The Minister must get the service provider's agreement before making a recommendation to revoke a TSO instrument declaration under section 70, or to stop a deemed TSO instrument from having effect. You need to know that the service provider must agree to the revocation or the instrument ceasing to have effect. This is an important step in the process.

If an order is made under this section, it is considered secondary legislation, and you can find out more about publication requirements in Part 3 of 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=DLM126872.

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Part 3Telecommunications service obligations
TSO instruments

76When instrument ceases to be TSO instrument

  1. An instrument ceases to be a TSO instrument,—

  2. in the case of an instrument that is declared to be a TSO instrument under section 70, if the Governor-General, by Order in Council made on the recommendation of the Minister, revokes the declaration of that TSO instrument; or
    1. in the case of a deemed TSO instrument, on a date appointed by the Governor-General by Order in Council made on the recommendation of the Minister; or
      1. if the instrument is terminated in accordance with its terms.

        1. The Minister must not make a recommendation under subsection (1)(a) or (b) unless,—

        2. in the case of an instrument that is declared to be a TSO instrument under section 70, the service provider to whom that instrument applies agrees to the revocation of the declaration; or
          1. in the case of a deemed TSO instrument, the service provider to whom that instrument applies agrees to that instrument ceasing to have effect as a deemed TSO instrument.

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

            Notes
            • Section 76: substituted, on , by section 13 of the Telecommunications (TSO, Broadband, and Other Matters) Amendment Act 2011 (2011 No 27).
            • Section 76(3): inserted, on , by section 3 of the Secondary Legislation Act 2021 (2021 No 7).