Telecommunications Act 2001

Networks - Access to property, involving rights of multiple parties, to deploy fibre optic media and other technology - Dispute resolution process

155ZN: Levy for regulated dispute resolution scheme

You could also call this:

"Telecom companies must pay a yearly fee to help resolve disputes with customers."

Illustration for Telecommunications Act 2001

If you are an FTTP service provider or network operator, you must pay a levy to the Minister each year. You have to pay this levy if you rely on a statutory right of access under this subpart, but there is an exception. You do not have to pay the levy if you only rely on the statutory rights of access given by section 155ZD(1)(b). The Governor-General can make regulations about the levy, and the levy must cover the costs of running the dispute resolution scheme. The Governor-General has certain powers when making these regulations, which are the same as those set out in section 11(3), and any regulations made under this section are secondary legislation, which has publication requirements explained in Part 3 of the Legislation Act 2019.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM7314773.


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Part 4Networks
Access to property, involving rights of multiple parties, to deploy fibre optic media and other technology: Dispute resolution process

155ZNLevy for regulated dispute resolution scheme

  1. This section applies if the dispute resolution scheme is the regulated scheme.

  2. Every FTTP service provider and network operator that relies on a statutory right of access under this subpart (or a prescribed class of those persons) must pay to the Minister in each financial year or part financial year (as the case may require) a prescribed levy.

  3. Subsection (2) does not apply to an FTTP service provider or network operator that relies on the statutory rights of access given by section 155ZD(1)(b) only).

  4. The Governor-General may, by Order in Council made on the recommendation of the Minister, make regulations providing for the levy.

  5. The levy must be prescribed on the basis that the costs of establishing and operating the dispute resolution scheme should be met fully out of the levy.

  6. The Governor-General, in making regulations under this section, has the same powers as those set out in section 11(3).

  7. Regulations under this section are secondary legislation (see Part 3 of the Legislation Act 2019 for publication requirements).

Notes
  • Section 155ZN: inserted, on , by section 13 of the Telecommunications (Property Access and Other Matters) Amendment Act 2017 (2017 No 16).
  • Section 155ZN(7): inserted, on , by section 3 of the Secondary Legislation Act 2021 (2021 No 7).