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Telecommunications Act 2001

Fibre fixed line access services - Input methodologies - Appeals against input methodology determinations

183: Appeals against input methodology determinations

You could also call this:

"Challenging a decision on how something is worked out in telecommunications"

Illustration for Telecommunications Act 2001

You can appeal to the High Court if you gave your views on an input methodology determination to the Commission as part of the process under section 179. You must have a significant interest in the matter. The High Court will look at your appeal. You can appeal against the Commission's decision on an input methodology. This includes the first decision, any changes, or a review of the decision. The court can make a decision on your appeal. The court can decline your appeal or make changes to the input methodology. It can also replace the input methodology with a new one or send it back to the Commission. The court must think the new methodology is better at meeting the purpose of this Part or section 174. If the court allows your appeal, the Commission can ask for clarification on how to implement the decision. You can also appeal to the Court of Appeal on a point of law under section 97 of the Commerce Act 1986.

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Part 6Fibre fixed line access services
Input methodologies: Appeals against input methodology determinations

183Appeals against input methodology determinations

  1. Any person who gave views on an input methodology determination to the Commission as part of the process under section 179, and who, in the opinion of the High Court, has a significant interest in the matter, may appeal to the High Court against the determination.

  2. In this section and section 184, input methodology determination means any of the following:

  3. the initial determination of an input methodology:
    1. any determination by the Commission that amends or revokes the input methodology:
      1. any determination by the Commission of an input methodology after a review of the input methodology.

        1. In determining an appeal against an input methodology determination, the court may do any of the following:

        2. decline the appeal and confirm the input methodology, or the revocation of the input methodology, set out in the determination:
          1. allow the appeal by—
            1. amending the input methodology; or
              1. revoking the input methodology and substituting a new one; or
                1. referring the input methodology determination back to the Commission with directions as to the particular matters that require amendment; or
                  1. if the revocation of an input methodology is not confirmed, confirming that the input methodology still applies.

                  2. The court may exercise its powers under subsection (3)(b) only if it is satisfied that the amended, substituted, or confirmed input methodology is (or will be, in the case of subsection (3)(b)(iii)) materially better in—

                  3. meeting the purpose of this Part or the purpose in section 174, or both; and
                    1. to the extent that the court considers it relevant, promoting workable competition in telecommunications markets for the long-term benefit of end-users of telecommunications services.

                      1. If the court allows an appeal, the Commission may seek clarification from the court on any matter for the purpose of implementing the court’s decision.

                      2. There is a right of appeal under section 97 of the Commerce Act 1986 to the Court of Appeal from any decision or order of the High Court under this section on a point of law only.

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                      Notes
                      • Section 183: inserted, on , by section 24 of the Telecommunications (New Regulatory Framework) Amendment Act 2018 (2018 No 48).