Telecommunications Act 2001

Telecommunications service obligations - TSO charges payable by the Crown - Calculation of amount payable by TSO provider

94A: TSO provider who requests TSO cost calculation determination liable for costs in certain circumstances

You could also call this:

"If a TSO provider asks for a cost calculation, they might have to pay for the Commission's work."

Illustration for Telecommunications Act 2001

If you are a TSO provider and you ask the Commission under section 94 to calculate the TSO costs, you might have to pay some costs. You will have to pay these costs if the Commission decides the TSO charges are zero. The costs you pay will be for the work the Commission does to prepare the TSO cost calculation, including getting expert advice. The Commission will tell you in writing how much you have to pay. The Commission can make you pay by taking the direction to the High Court in Wellington.

If the Commission takes the direction to the High Court, it can be enforced like a court judgment. This means the High Court can make you pay the costs. You can be made to pay the costs of the Commission's work, including expert advice, as part of the court judgment.

The Commission follows a procedure outlined in sections 94F to 94K to prepare the TSO cost calculation determination. You will have to pay the costs as directed by the Commission. The direction given by the Commission is enforceable as a judgment of the High Court.

This text is automatically generated. It might be out of date or be missing some parts. Find out more about how we do this.

This page was last updated on 28 May 2025

View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM127153.

Topics:

Money and consumer rights > Consumer protectionBusiness > Industry rules

94: TSO provider under TSO instrument without specified amount may request TSO cost calculation determination, or

"Asking to work out TSO costs when there's no set amount"

94B: Withdrawal of request for TSO cost calculation determination, or

"Withdrawing a request to calculate the cost of a special phone or internet service"

Part 3Telecommunications service obligations
TSO charges payable by the Crown: Calculation of amount payable by TSO provider

94ATSO provider who requests TSO cost calculation determination liable for costs in certain circumstances

A TSO provider who notifies the Commission under section 94 must, if the Commission determines the TSO charges for the instrument to be zero, pay the costs of the Commission relating to the procedure in sections 94F to 94K for the preparation of the TSO cost calculation determination (including the costs of any expert advice) as directed by the Commission in writing.
The Commission may enforce a direction given under subsection (1) by filing it in the prescribed form in the Wellington Registry of the High Court.
A direction that is filed in the Registry of the High Court under this section is enforceable as a judgment of the High Court in its civil jurisdiction.

Notes

Section 94A: substituted, on 1 July 2011, by section 15 of the Telecommunications (TSO, Broadband, and Other Matters) Amendment Act 2011 (2011 No 27).