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Radiocommunications Act 1989

Miscellaneous provisions - Application of Commerce Act 1986

138: Application of Commerce Act 1986 to acquisition or disposition of management rights or licence in relation to radio frequencies

You could also call this:

"How the Commerce Act applies to buying or selling radio frequency rights"

Illustration for Radiocommunications Act 1989

When you acquire or get rid of management rights or a licence for radio frequencies, the Commerce Act 1986 applies. You need to consider management rights and spectrum licences as assets of a business for the purposes of section 47 of the Commerce Act 1986. This does not apply if the Crown gets management rights when they record them under section 10(2). If you get management rights or a spectrum licence under Part 16, the Commerce Act 1986 does not apply. The Crown getting management rights when they record them is an exception to this rule. You should look at the specific rules that apply to your situation.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM197924.

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Part 15Miscellaneous provisions
Application of Commerce Act 1986

138Application of Commerce Act 1986 to acquisition or disposition of management rights or licence in relation to radio frequencies

  1. Subject to subsections (2) and (3), for the purposes of section 47 of the Commerce Act 1986, management rights in relation to radio frequencies and spectrum licences created under section 48 shall be deemed to be assets of a business.

  2. Nothing in subsection (1) applies in respect of the acquisition, by the Crown, of the management rights in relation to any radio frequencies where those management rights are acquired by the Crown—

  3. on the recording, under section 10(2), of a record of management rights in relation to the frequencies to which those rights relate.

      1. Nothing in subsection (1) applies in respect of the acquisition, by any person, of any management rights or any spectrum licence, where those management rights or that spectrum licence are or is acquired by that person pursuant to any right conferred on that person by Part 16.

      Notes
      • Section 138(1): substituted, on , by section 47 of the Commerce Amendment Act 1990 (1990 No 41).
      • Section 138(1): amended, on , by section 50(1) of the Radiocommunications Amendment Act 2000 (2000 No 8).
      • Section 138(2)(b): repealed, on , by section 50(2) of the Radiocommunications Amendment Act 2000 (2000 No 8).
      • Section 138(3): amended, on , by section 50(3) of the Radiocommunications Amendment Act 2000 (2000 No 8).