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Telecommunications Act 2001

Consumer matters - Process for making Commission codes

239: Process for making or amending Commission code

You could also call this:

"How the Commission makes or changes its rules for telecommunications to keep people safe."

Illustration for Telecommunications Act 2001

To make a Commission code, the Commission has to give public notice of how they will make the code, consult with people who are interested, and give public notice of a draft code. You can think of a Commission code like a set of rules that helps keep people safe when using telecommunications. The Commission must follow these steps to make sure the code is fair and works well.

If the code is about the 111 emergency service, the Commission must consult with specific groups, including the New Zealand Police, Fire and Emergency New Zealand, and the Director of Civil Defence Emergency Management. These groups are called "interested persons" because they have a special role in keeping people safe during emergencies.

You have the right to make submissions to the Commission about the draft code within 30 working days of the public notice. The Commission can only make the code if they are satisfied it meets all the requirements, and they can amend or revoke the code if it no longer meets those requirements. The same process applies to making amendments or revoking the code, with some necessary changes.

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This page was last updated on

View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS134655.

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Part 7Consumer matters
Process for making Commission codes

239Process for making or amending Commission code

  1. In order to make a Commission code, the Commission must—

  2. give public notice of the process that will be followed to make the code; and
    1. consult with interested persons; and
      1. give public notice of a draft code.

        1. If the code is a Commission 111 contact code, interested persons includes the following:

        2. the New Zealand Police:
          1. Fire and Emergency New Zealand:
            1. the Director of Civil Defence Emergency Management:
              1. every provider of an initial call answering point for the 111 emergency service.

                1. A person is entitled to make submissions to the Commission not later than 30 working days after the date on which public notice of the draft code is given.

                2. The Commission may make the code only if the Commission is satisfied that the draft code meets all the requirements set out in this Part.

                3. The Commission may amend or revoke a code if the Commission considers that the code no longer meets all the requirements set out in this Part.

                4. The same procedure that applies to making a code in subsections (1) to (4) must be followed to make an amendment or a revocation, with any necessary modifications.

                5. Repealed
                Notes
                • Section 239: inserted, on , by section 36 of the Telecommunications (New Regulatory Framework) Amendment Act 2018 (2018 No 48).
                • Section 239(7): repealed, on , by section 3 of the Secondary Legislation Act 2021 (2021 No 7).