Plain language law

New Zealand law explained for everyone

Telecommunications Act 2001

Miscellaneous

160: Transitional provision for declarations made under section 2A of 1987 Act

You could also call this:

"Rules for old declarations that were still in place when the Telecommunications Act 2001 started"

Illustration for Telecommunications Act 2001

When the Telecommunications Act 2001 started, some declarations made under section 2A of the 1987 Act were still in force. You need to know that these declarations continue to have full effect until they are revoked.

The Governor-General or the Minister can revoke a declaration. The Minister must recommend revoking a declaration if a network operator stops providing certain facilities for telecommunication or broadcasting.

The Minister has to make a recommendation or revoke a declaration if they are satisfied that a network operator has stopped providing facilities for telecommunication or broadcasting to a certain number of people. You can find out more about what secondary legislation is by looking at Part 3 of the Legislation Act 2019.

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 It might be out of date or be missing some parts.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

View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM127742.

Topics:
Business > Industry rulesTransport and travel > None applicable in this topicEnvironment and resources > None applicable in this topicMoney and consumer rights > None applicable in this topicGovernment and voting > None applicable in this topicCrime and justice > None applicable in this topic
Previous

159: Certain provisions in 1987 Act repealed, or

"Some old rules from 1987 are no longer used."

Next

161: Transitional provision relating to repeal of section 5C of 1987 Act, or

"What happens when an old law part is removed"

Part 5Miscellaneous

160Transitional provision for declarations made under section 2A of 1987 Act

  1. Despite the repeal of section 2A of the 1987 Act by section 159, every declaration made under section 2A of the 1987 Act and in force immediately before the commencement of this Act continues in force and has full effect until the declaration is revoked,—

  2. in the case of a declaration made by Order in Council, by the Governor-General by Order in Council made on the recommendation of the Minister; or
    1. in the case of a declaration made by the Minister, by the Minister by notice.

      1. The Minister must make a recommendation under subsection (1)(a) or revoke a declaration under subsection (1)(b) (as the case may be) if the Minister is satisfied that the network operator has ceased to provide—

      2. facilities for telecommunication (other than facilities used exclusively for broadcasting) between 10 or more other persons that enable at least 10 of those persons to communicate with each other; or
        1. facilities for broadcasting to 500 or more other persons that enable programmes to be transmitted along a line or lines to each of those persons.

          1. The following are secondary legislation (see Part 3 of the Legislation Act 2019 for publication requirements):

          2. an order under subsection (1)(a):
            1. a notice under subsection (1)(b).

              Notes
              • Section 160(1)(b): amended, on , by section 3 of the Secondary Legislation Act 2021 (2021 No 7).
              • Section 160(2)(a): amended, on , by section 39(11) of the Telecommunications (New Regulatory Framework) Amendment Act 2018 (2018 No 48).
              • Section 160(3): replaced, on , by section 3 of the Secondary Legislation Act 2021 (2021 No 7).