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Telecommunications Act 2001

Structural separation of Telecom - Monitoring of shared assets, services, and systems

69E: Requirements for sharing arrangements

You could also call this:

"Rules for companies to share things fairly in telecommunications"

Illustration for Telecommunications Act 2001

When Spark and Chorus make a sharing arrangement, it must be written down and agreed to by both companies. You need to know that the arrangement must be fair and not favour one company over the other. The arrangement must also not harm competition in the telecommunications market.

The arrangement must protect confidential information, like business secrets or customer information. Spark and Chorus can only make a sharing arrangement if it meets these requirements. They have to make sure the arrangement is fair and does not harm competition, as stated in the Telecommunications Act 2001, which was amended by the Telecommunications (TSO, Broadband, and Other Matters) Amendment Act 2011 and the Telecommunications (New Regulatory Framework) Amendment Act 2018.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM4187633.

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69D: Meaning of arm's-length, or

"What 'arm's-length' means: dealing with others in a normal and fair way"

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69F: Commission must be notified of proposed and final sharing arrangements, or

"Tell the Commission about sharing plans and changes"

Part 2AStructural separation of Telecom
Monitoring of shared assets, services, and systems

69ERequirements for sharing arrangements

  1. Every sharing arrangement must—

  2. be recorded in writing and be executed by Spark and Chorus; and
    1. be on arm's-length terms between Spark and Chorus; and
      1. be unlikely to harm competition in any telecommunications market; and
        1. ensure the protection of confidential commercial information or customer confidential information.

          1. Spark and Chorus must not enter into a sharing arrangement unless the arrangement meets the requirements in subsection (1).

          Notes
          • Section 69E: substituted, on (being the date of separation day, and an Order in Council (SR 2011/302) having been made under section 36), by section 51 of the Telecommunications (TSO, Broadband, and Other Matters) Amendment Act 2011 (2011 No 27).
          • Section 69E(1)(a): amended, on , by section 37(1) of the Telecommunications (New Regulatory Framework) Amendment Act 2018 (2018 No 48).
          • Section 69E(1)(b): amended, on , by section 37(1) of the Telecommunications (New Regulatory Framework) Amendment Act 2018 (2018 No 48).
          • Section 69E(1)(d): amended, on , by section 4 of the Telecommunications Amendment Act 2013 (2013 No 136).
          • Section 69E(2): amended, on , by section 37(1) of the Telecommunications (New Regulatory Framework) Amendment Act 2018 (2018 No 48).