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Telecommunications Act 2001

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

184: Process for appeals

You could also call this:

"How to appeal a decision about telecommunications rules"

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You can appeal a decision about an input methodology within 20 working days of it being published. You must use the same information that was available when the decision was made. The High Court will hear your appeal with two lay members who have relevant experience, appointed under section 77 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=LMS131987.

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183: Appeals against input methodology determinations, or

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

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

184Process for appeals

  1. An appeal under section 183(1) must be brought within 20 working days after the date on which the input methodology is published.

  2. The appeal must be by way of rehearing and must be conducted solely on the basis of the documentary information and views that were before the Commission when it made its determination, and no party may introduce any new material during the appeal.

  3. The High Court must sit with 2 lay members (unless the court considers that only 1 is required).

  4. Each of the lay members must have relevant experience and be appointed from the pool of people appointed under section 77 of the Commerce Act 1986 to be members of the court for the purpose of hearing the appeal.

  5. Section 77 of the Commerce Act 1986 applies, and section 77(14) of that Act is not limited by subsection (3) of this section.

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Notes
  • Section 184: inserted, on , by section 24 of the Telecommunications (New Regulatory Framework) Amendment Act 2018 (2018 No 48).
  • Section 184(1): amended, on , by section 3 of the Secondary Legislation Act 2021 (2021 No 7).