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Telecommunications Act 2001

Consumer matters - Retail service quality codes

236: Commission retail service quality code

You could also call this:

"Rules for good telecommunications services made by the Commission"

Illustration for Telecommunications Act 2001

The Commission can make a retail service quality code for telecommunications services if no industry code exists or if the industry code is not good enough. You can find out what makes a code good enough in section 233. The Commission thinks a code is not good enough if it does not achieve its purpose or if a Commission code would be better.

If the Commission wants to make a code, it must tell the Minister why and which part of the law applies. The Commission must do this before making the code.

A Commission retail service quality code is a type of secondary legislation, which means it has to be published in a certain way, as explained 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=LMS134643.

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Part 7Consumer matters
Retail service quality codes

236Commission retail service quality code

  1. The Commission may make a retail service quality code in relation to the provision of 1 or more types of telecommunications service only if—

  2. no industry retail service quality code has been made in relation to the service; or
    1. an industry retail service quality code has been made in relation to the service, but in the Commission’s opinion—
      1. the code fails to achieve the purpose set out in section 233; or
        1. a Commission RSQ code would better achieve the purpose set out in section 233.

        2. If the Commission intends to make a Commission RSQ code, the Commission must, before making the code, provide a report to the Minister containing the reasons for making the code and the provision of this section that applies.

        3. A Commission RSQ code, and any amendment to or revocation of the code, is secondary legislation (see Part 3 of the Legislation Act 2019 for publication requirements).

        Notes
        • Section 236: inserted, on , by section 36 of the Telecommunications (New Regulatory Framework) Amendment Act 2018 (2018 No 48).
        • Section 236(3): inserted, on , by section 3 of the Secondary Legislation Act 2021 (2021 No 7).