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Telecommunications Act 2001

Services provided using networks developed with Crown funding: Undertakings regime and Commerce Act 1986 authorisations - Commerce Act 1986 authorisations in respect of Rural Broadband Initiative 2 and Mobile Black Spot Fund

156AZF: Restrictive trade practices authorisations in respect of transactional arrangements for RBI2 and MBSF

You could also call this:

"Rules about agreements for government-funded internet services are a bit different."

Illustration for Telecommunications Act 2001

When the government gives money to service providers under RBI2 or MBSF, they can make agreements with those providers. You are allowed to make these agreements, even if they might normally be against the rules. This permission applies to agreements made before or after this law came into effect, but not to those made more than six months after it started.

The permission is like one given by the Commission under section 58(1), (2), (5), and (6) of the Commerce Act 1986. Some parts of the Commerce Act 1986, like sections 65 and 91 to 97, do not apply to this permission.

The effect of this permission is the same as stated in section 58A(1) and (2) of the Commerce Act 1986. This means you can make agreements without worrying about certain rules. You can follow the links to learn more about these sections of the Commerce Act 1986.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM7415610.

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Part 4AAServices provided using networks developed with Crown funding: Undertakings regime and Commerce Act 1986 authorisations
Commerce Act 1986 authorisations in respect of Rural Broadband Initiative 2 and Mobile Black Spot Fund

156AZFRestrictive trade practices authorisations in respect of transactional arrangements for RBI2 and MBSF

  1. Any contract, arrangement, or understanding between the Crown and 1 or more service providers to provide funding for those service providers, in accordance with RBI2 or the MBSF, is authorised.

  2. The authorisation applies to any contract, arrangement, or understanding that is entered into before the date on which this section comes into force as if the authorisation were in force at the time that it was entered into.

  3. The authorisation does not apply to a contract, arrangement, or understanding that is entered into later than 6 months after the date on which this section comes into force.

  4. The authorisation must be treated as if it were an authorisation granted by the Commission under section 58(1), (2), (5), and (6) of the Commerce Act 1986.

  5. Sections 65 and 91 to 97 of the Commerce Act 1986 do not apply to the authorisation.

  6. The effect of the authorisation is the same as the effect stated in section 58A(1) and (2) of the Commerce Act 1986.

Notes
  • Section 156AZF: inserted, on , by section 18 of the Telecommunications (Property Access and Other Matters) Amendment Act 2017 (2017 No 16).