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Telecommunications Act 2001

Fibre fixed line access services - Enforcement and miscellaneous provisions

222: Power to exempt disclosure of commercially sensitive information

You could also call this:

"Keeping commercially sensitive information secret"

Illustration for Telecommunications Act 2001

The Commission can decide to keep some information secret if it is commercially sensitive. You can ask the Commission to keep this information secret. The Commission can agree to keep the information secret on certain conditions. The Commission must explain why it decided to keep the information secret. You can find the list of secret information at the Commission's office or on the Commission's Internet site. The Commission can change or cancel its decision to keep the information secret. If someone breaks the conditions of keeping the information secret, they are breaking the law. You can learn more about what this means by looking at 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=LMS132042.

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Part 6Fibre fixed line access services
Enforcement and miscellaneous provisions

222Power to exempt disclosure of commercially sensitive information

  1. The Commission may, on application, exempt any person, in respect of any information or class of information that the Commission considers to be commercially sensitive, from any obligation to make that information available to the public as part of the requirements of information disclosure regulation or price-quality regulation.

  2. The Commission may grant the exemption on any terms and conditions that it thinks fit.

  3. Repealed

  4. Repealed

  5. The Commission’s reasons for granting an exemption (including why it is appropriate) must be published together with the exemption.

  6. The Commission must keep a list of all current exemptions made by it under this section and must make the list available—

  7. for public inspection free of charge during normal office hours of the Commission at the offices of the Commission; and
    1. on the Commission’s Internet site.

      1. The Commission may vary or revoke an exemption in the same way as it may grant the exemption, and this section applies with all necessary modifications.

      2. The breach of a term or condition of an exemption is a breach of the obligation to which the exemption relates.

      3. An exemption under this section, and any variation or revocation of it, is secondary legislation (see Part 3 of the Legislation Act 2019 for publication requirements).

      Compare
      Notes
      • Section 222: inserted, on , by section 24 of the Telecommunications (New Regulatory Framework) Amendment Act 2018 (2018 No 48).
      • Section 222(3): repealed, on , by section 3 of the Secondary Legislation Act 2021 (2021 No 7).
      • Section 222(4): repealed, on , by section 3 of the Secondary Legislation Act 2021 (2021 No 7).
      • Section 222(6)(b): amended, on , by section 3 of the Secondary Legislation Act 2021 (2021 No 7).
      • Section 222(9): replaced, on , by section 3 of the Secondary Legislation Act 2021 (2021 No 7).