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Telecommunications Act 2001

Networks - Network operators and networks generally - Connection to network

108: When operator must not refuse to agree to connection to network

You could also call this:

"Connecting to a network: your rights when the operator must say yes"

Illustration for Telecommunications Act 2001

You cannot be stopped from connecting equipment to a network just because it does not meet the network operator's standards. This rule only applies if the network operator has set standards for the equipment and these standards are available to the public, as required by section 109. The equipment must also have been checked by a recognised body to make sure it meets these standards.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM127196.

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107: When operator must not agree to connection to network, or

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Part 4Networks
Network operators and networks generally: Connection to network

108When operator must not refuse to agree to connection to network

  1. An operator must not refuse to agree to the connection of any equipment to a network, or to anything connected to a network, that is owned or operated by the operator if the only reason for the refusal is that the operator considers that the equipment does not conform with the operator's standards for connection of that equipment.

  2. Subsection (1) applies only if—

  3. the network operator has set either a standard that applies, or standards that apply, (applicable standards) to the equipment and its connection to the network; and
    1. those applicable standards have been published in accordance with any regulations made under section 109; and
      1. a relevant competent conformity assessment body has, in accordance with any regulations made under section 109, determined that the particular equipment complies with those published applicable standards.

        1. In subsection (2) and section 109, relevant competent conformity assessment body means a body that is recognised, in accordance with any procedure set out in any regulations made under section 109, as being responsible for assessing, in accordance with those regulations, whether or not particular equipment complies with applicable standards that are published.