Telecommunications Act 2001

Telecommunications service obligations - TSO instruments

79: When 2 or more bodies corporate must be treated as 1 person

You could also call this:

"When to treat multiple companies as one person under the law"

Illustration for Telecommunications Act 2001

You need to treat two or more companies as one person if one company owns the others or they are all owned by the same company. You also treat them as one person if they all work together or one company has a lot of control over the others. This means they have a lot of voting power in the other companies. You consider companies to be working together if one company can influence what the other companies do. However, just because companies are competing with each other or buying and selling things to each other, it does not mean they are working together. If any of these situations happen for part of a year, you must treat the companies as one person for that part of the year. This is according to the Telecommunications Act 2001, which was amended by the Telecommunications Amendment Act (No 2) 2006 and the Telecommunications (Property Access and Other Matters) Amendment Act 2017. You can find more information about these laws on the New Zealand legislation website.

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Part 3Telecommunications service obligations
TSO instruments

79When 2 or more bodies corporate must be treated as 1 person

  1. For the purposes of this Part, any 2 or more bodies corporate must be treated as 1 person if—

  2. one of them is a body corporate of which the others are subsidiaries; or
    1. all of them are subsidiaries of the same body corporate; or
      1. all of them are associates of each other; or
        1. one of them owns or controls shares that in the aggregate carry the right to exercise or control the exercise of 20% or more of the voting power at meetings of the others; or
          1. a third person owns or controls shares in each of them that carry the right to exercise or control the exercise of 20% or more of the voting power at meetings of each of them.
            1. For the purposes of subsection (1)(c), a body corporate is an associate of another if that body corporate is able, whether directly or indirectly, to exert a substantial degree of influence over the activities of the other.

            2. A body corporate is not able to exert a substantial degree of influence over another body corporate for the purposes of subsection (2) just because—

            3. those bodies corporate are in competition in the same market; or
              1. one of them supplies goods or services to the other.
                1. If any of the circumstances described in subsection (1)(a) to (e) apply to 2 or more bodies corporate for part of a year, those bodies corporate must be treated as 1 person in respect of that part of the year to which the relevant circumstance applies.

                Notes
                • Section 79: substituted, on , by section 36 of the Telecommunications Amendment Act (No 2) 2006 (2006 No 83).
                • Section 79(4): inserted, on , by section 7 of the Telecommunications (Property Access and Other Matters) Amendment Act 2017 (2017 No 16).