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Telecommunications Act 2001

Fibre fixed line access services - Orders and regulations

228: Direct fibre access services

You could also call this:

"Rules for fibre internet services that connect directly to your home"

Illustration for Telecommunications Act 2001

The Governor-General can make rules about direct fibre access services. You need to know that these rules are made on the recommendation of the Minister. The Minister looks at things like what the service is, who can use it, and how much it costs.

The rules can say things like who can get the service, what area it is available in, and what the service is used for. The Minister must get advice from the Commission before making these rules, but there are some exceptions. You can find more information about this in section 209.

The Minister can make rules without getting advice from the Commission if the rules are minor or just fix small mistakes. The rules can also set a maximum price for the service, and this price can change each year based on the Consumer Price Index. You can learn more about the first set of rules made under this section by looking at clause 15 of Schedule 1AA. These rules are a type of law called secondary legislation, which you can read about 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=LMS132052.

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Part 6Fibre fixed line access services
Orders and regulations

228Direct fibre access services

  1. The Governor-General may, by Order in Council made on the recommendation of the Minister, make regulations declaring a fibre fixed line access service to be a direct fibre access service.

  2. The regulations may, in relation to a direct fibre access service, prescribe all or any of the following:

  3. a description of the service; and
    1. any conditions; and
      1. the period during which a regulated fibre service provider who is subject to price-quality regulation must provide the service; and
        1. the maximum price that a regulated fibre service provider who is subject to price-quality regulation may charge for providing the service.

          1. For the purposes of subsection (2)(a), the regulations may, without limitation other than subsection (4), describe a service with reference to any 1 or more of the following:

          2. the geographic area in which the service must be supplied:
            1. the service’s end-users:
              1. the service providers who seek access to the service:
                1. the technical specifications of the service:
                  1. any other circumstances in which the service must be supplied.

                    1. The Minister must not recommend that regulations be made under this section unless the Commission has, after a review under section 209, recommended that the regulations be made.

                    2. Subsection (4) applies unless the Minister is recommending regulations to which 1 or more of the following apply:

                    3. the regulations have no more than a minor effect:
                      1. the regulations correct errors or make similar technical amendments:
                        1. the regulations are allowed under subsection (6).

                          1. If a review has not been carried out under section 209, the Minister may recommend that regulations be made under subsection (2))d) if the Minister is satisfied that the regulations will prescribe a maximum price by reference to the contract price of the service immediately before the implementation date, with an annual CPI adjustment mechanism.

                          2. See clause 15 of Schedule 1AA for requirements relating to the first regulations made under this section.

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

                          Notes
                          • Section 228: inserted, on , by section 24 of the Telecommunications (New Regulatory Framework) Amendment Act 2018 (2018 No 48).
                          • Section 228(8): inserted, on , by section 3 of the Secondary Legislation Act 2021 (2021 No 7).