Ah here we go. I got a message back from the Telepermit.co.nz webmaster.
The telepermit website will be updated with wording to reflect the
current act shortly - however the appropriate legal acts are pasted
below for anyone who has a mind to read them :)
S.6 of the TCA 1987 has been replaced with S.106 TCA 2001
106.Operator must agree to connection to network-
(1)Except as provided in Part 2, a person may only connect equipment to
a network, or to anything connected to a network, that is owned or
operated by an operator who has agreed to the connection.
(2)Nothing in subsection (1) limits the Commerce Act 1986.
(3)Subsection (1) is subject to sections 107 and 108.
(4)In subsection (1) and sections 107 and 108, ``operator'' means-
(a)a network operator; or
(b)any other person who provides a telecommunications service by
means of a PSTN or PDN that is operated by the person.
Cf 1987 No 116 s 6(1), (2)
Sections 107 and 108 cover the processes for recognising overseas Test
Laboratories testing to NZ standards.
Although the wording of the TCA 2001 has changed slightly from the TCA
1987, the process of obtaining a Telepermit remains unchanged, and the
Telepermit label remains the indication that Telecom has agreed to the
connection of that particular product to its network. The other related
clauses of the TCA 2001 are S.110 and S.111:
110.Actions for damages for contravention of section 106-
(1)Every person is liable for damages who-
(a)contravenes section 106:
(b)induces by threats, promises, or otherwise, the contravention of
that section:
(c)is in any way, directly or indirectly, knowingly concerned in, or
party to, the contravention of that section.
(2)An action under subsection (1) may be commenced at any time within
3 years from the time when the cause of action arose.
Cf 1987 No 116 s 20D
111.Injunctions may be granted by High Court for contravention of
section 106-
(1)The High Court may, on the application of a network operator, grant
an injunction restraining a person from engaging in conduct that
constitutes, or would constitute, any of the following:
(a)a contravention of, or an attempt to contravene, section 106:
(b)inducing, or attempting to induce, any other person, whether by
threats, promises, or otherwise, to contravene that section:
(c)being in any way, directly or indirectly, knowingly concerned in,
or party to, the contravention by any other person of that section.
(2)The High Court may, at any time, rescind or vary an injunction
granted under this section.
Cf 1987 No 116 s 20C
--
Sascha Beaumont <sascha@squiggle.gen.nz>
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Received on Mon Sep 1 14:02:17 2003