Telecommunications Act 2001

Services provided using networks developed with Crown funding: Undertakings regime and Commerce Act 1986 authorisations - Undertakings relating to networks developed with Crown funding as part of UFB initiative - Process for submission and consideration of undertakings

156AI: Minister may approve or decline undertaking

You could also call this:

"The Minister decides whether to approve or reject a company's plan, and must explain their decision in writing."

Illustration for Telecommunications Act 2001

The Minister can approve or decline an undertaking that a company submits. You need to know that the Minister will tell the company in writing about their decision. The Minister can say yes to the undertaking or say no to it.

The Minister will only say yes to the undertaking if they think it meets the requirements in section 156AD. If the Minister says no, they have to give reasons why they did not approve it. They might also ask the company to change the undertaking and submit it again.

If the Minister says yes to an undertaking, they have to put a notice in the Gazette to let everyone know. The same rules apply if a company submits a changed undertaking, and the Minister also has to follow the rules in section 156AH.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM3878045.


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156AH: LFC must submit undertaking for approval by Minister, or

"LFCs must send a written promise to the Minister for approval"


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156AJ: Implementation of undertaking, or

"What happens when the government agrees to a special promise with a telecommunications company"

Part 4AAServices provided using networks developed with Crown funding: Undertakings regime and Commerce Act 1986 authorisations
Undertakings relating to networks developed with Crown funding as part of UFB initiative: Process for submission and consideration of undertakings

156AIMinister may approve or decline undertaking

  1. The Minister may, by notice in writing to the LFC who submitted the undertaking,—

  2. approve the undertaking; or
    1. decline to approve the undertaking.
      1. The Minister must not approve the undertaking unless the Minister is satisfied that it meets the requirements in section 156AD.

      2. If the Minister declines to approve the undertaking, the Minister—

      3. must give reasons for not approving the undertaking; and
        1. may invite the LFC to submit an amended undertaking for approval by the Minister.
          1. Subsections (1) and (3) and section 156AH apply to an amended undertaking.

          2. The Minister must notify his or her approval of an undertaking by notice in the Gazette.

            Notes

            Notes
            • Section 156AI: inserted, on , by section 81 of the Telecommunications (TSO, Broadband, and Other Matters) Amendment Act 2011 (2011 No 27).