Telecommunications Act 2001

Networks - Network operators and networks generally - Declarations of network operator status

102: Persons declared to be network operators

You could also call this:

"Who can be called a network operator and provide phone and internet services"

Illustration for Telecommunications Act 2001

The purpose of this part of the law and sections 103 to 105 is to help new companies enter and compete in the telecommunications market. You can apply to the Minister to be declared a network operator. This means you can provide telecommunications services.

When the law talks about a person, it can mean one company or several companies that are connected. For example, if one company owns another company, they are treated as one person. If several companies are owned by the same parent company, they are also treated as one person.

The law says that companies are connected if one company can control another company. But just because companies compete with each other or buy and sell things to each other, it does not mean they are connected. You can exert control over another company if you can influence what they do.

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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=DLM127183.

Topics:

Business > Starting a businessBusiness > Industry rulesMoney and consumer rights > Consumer protection

101A: Review of local service TSO arrangements, or

"Checking how well local phone and internet services work in your area"

103: Ministerial requirements for declaration, or

"When the Minister says you're a network operator because your business helps many people communicate."

Part 4Networks
Network operators and networks generally: Declarations of network operator status

102Persons declared to be network operators

The purpose of this section and sections 103 to 105 is to facilitate entry into, and competition in, telecommunications markets.
A person may apply to the Minister to be declared a network operator for the purposes of this Act or any provisions of this Act.
For the purposes of this section and sections 103 to 105, any 2 or more bodies corporate must be treated as 1 person if—
one of them is a body corporate of which the others are subsidiaries; or
all of them are subsidiaries of the same body corporate; or
all of them are associates of each other; or
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
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.

For the purposes of subsection (3)(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.
A body corporate is not able to exert a substantial degree of influence over another body corporate for the purposes of subsection (4) just because—
those bodies corporate are in competition in the same market; or
one of them supplies goods or services to the other.

Compare

1987 No 116 ss 2(2), 2A(1)

Notes

Section 102(1): amended, on 13 November 2018, by section 39(4) of the Telecommunications (New Regulatory Framework) Amendment Act 2018 (2018 No 48).
Section 102(3): substituted, on 22 December 2006, by section 52 of the Telecommunications Amendment Act (No 2) 2006 (2006 No 83).
Section 102(4): added, on 22 December 2006, by section 52 of the Telecommunications Amendment Act (No 2) 2006 (2006 No 83).
Section 102(5): added, on 22 December 2006, by section 52 of the Telecommunications Amendment Act (No 2) 2006 (2006 No 83).