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Telecommunications Act 2001

Structural separation of Telecom - Miscellaneous - Resource Management Act 1991 issues

69XJ: Designations under Resource Management Act 1991

You could also call this:

"The Minister makes lists of Telecom's responsibilities under the Resource Management Act 1991"

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The Minister can make two lists of designations before a certain day. These designations are about Telecom's responsibilities under the Resource Management Act 1991. The Minister will publish these lists in the Gazette. On the certain day, Telecom's rights and responsibilities for some designations will be transferred to Chorus. This is for the purposes of section 180 of the Resource Management Act 1991. Some designations will also be granted back to Telecom. For the purposes of section 177 of the Resource Management Act 1991, the transferred designations are treated as earlier designations. The additional designations granted to Telecom are treated as later designations. Part 8 of the Resource Management Act 1991 applies to these designations.

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Part 2AStructural separation of Telecom
Miscellaneous: Resource Management Act 1991 issues

69XJDesignations under Resource Management Act 1991

  1. The Minister may, before separation day, by notice in the Gazette, issue 2 lists comprising all or any of the designations (within the meaning of section 166 of the Resource Management Act 1991) for which Telecom is responsible, as follows:

  2. designations that are to be transferred to Chorus:
    1. designations that are to be additionally granted back to Telecom.

      1. On separation day,—

      2. all the rights and responsibilities of Telecom in relation to the designations listed in a Gazette notice under subsection (1)(a), as they existed immediately before separation day, are transferred to Chorus for the purposes of section 180 of the Resource Management Act 1991; and
        1. the designations listed in a Gazette notice under subsection (1)(b), as they existed immediately before separation day, are (in addition to being transferred to Chorus) granted back to Telecom, with the effect that, subject to subsection (3), Telecom continues to have the same rights and responsibilities as Chorus in relation to the designations.

          1. For the purposes of section 177 of the Resource Management Act 1991,—

          2. the designations transferred to Chorus under subsection (2)(a) are treated as earlier designations; and
            1. the additional designations granted to Telecom under subsection (2)(b) are treated as later designations.

              1. Part 8 of the Resource Management Act 1991 applies with necessary modifications as if the designations had been transferred or made under that Part.

              Notes
              • Section 69XJ: inserted, 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 69XJ heading: amended, on , by section 6 of the Resource Management (Natural and Built Environment and Spatial Planning Repeal and Interim Fast-track Consenting) Act 2023 (2023 No 68).
              • Section 69XJ(1): amended, on , by section 6 of the Resource Management (Natural and Built Environment and Spatial Planning Repeal and Interim Fast-track Consenting) Act 2023 (2023 No 68).
              • Section 69XJ(2)(a): amended, on , by section 6 of the Resource Management (Natural and Built Environment and Spatial Planning Repeal and Interim Fast-track Consenting) Act 2023 (2023 No 68).
              • Section 69XJ(3): amended, on , by section 6 of the Resource Management (Natural and Built Environment and Spatial Planning Repeal and Interim Fast-track Consenting) Act 2023 (2023 No 68).
              • Section 69XJ(4): replaced, on , by section 6 of the Resource Management (Natural and Built Environment and Spatial Planning Repeal and Interim Fast-track Consenting) Act 2023 (2023 No 68).
              • Section 69XJ(4): editorial change made by the PCO, on , under sections 86(1) and 87(l)(i) of the Legislation Act 2019 (2019 No 58).