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Telecommunications Act 2001

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

69N: Minister may grant exemption from application of subpart

You could also call this:

"The Minister can choose to exempt some rules for certain sharing arrangements in telecommunications."

Illustration for Telecommunications Act 2001

The Minister can say that some rules do not apply to certain sharing arrangements. You need to know the Minister will only do this if they think it will not hurt competition in telecommunications markets and commercial information will stay secret. The Minister must talk to the Commission before making this decision.

The Minister can set conditions for this exemption. They can also change or cancel the exemption later. When the Minister makes a decision, they must follow the rules for publishing it, which are explained in Part 3 of the Legislation Act 2019.

Spark and Chorus must make sure you can see all the exemptions on their websites at any time, and it must be free. This means you can look at the exemptions online without paying anything.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM4187643.

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

69NMinister may grant exemption from application of subpart

  1. The Minister may, by notice, exempt a sharing arrangement or class of sharing arrangements from the application of this subpart, if the Minister is satisfied that—

  2. any potential harm to competition in telecommunications markets would be likely to be trivial or inconsequential; and
    1. commercial information or customer confidential information would not be disclosed.

      1. The Minister must consult the Commission before granting an exemption under this section.

      2. Repealed

      3. The Minister may grant the exemption on any terms and conditions that the Minister thinks fit.

      4. The Minister may, in like manner, vary or revoke such an exemption.

      5. A notice under this section is secondary legislation (see Part 3 of the Legislation Act 2019 for publication requirements).

      6. Spark and Chorus must ensure that all exemptions granted under this section are available at all reasonable times, free of charge, on the Internet sites maintained by or on behalf of Spark and Chorus.

      Notes
      • Section 69N: 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 69N(1): amended, on , by section 3 of the Secondary Legislation Act 2021 (2021 No 7).
      • Section 69N(3): repealed, on , by section 3 of the Secondary Legislation Act 2021 (2021 No 7).
      • Section 69N(6): replaced, on , by section 3 of the Secondary Legislation Act 2021 (2021 No 7).
      • Section 69N(7): amended, on , by section 37(1) of the Telecommunications (New Regulatory Framework) Amendment Act 2018 (2018 No 48).