Under clause 7(2)(a)–(b) of Schedule 3 of the Telecommunications Act 2001 (“Act”), the Commerce Commission (“Commission”) gives notice that it has published a draft report setting out amendments it wishes to make to recommendations from its 2016 final report on whether Spark New Zealand Limited’s Resale Services should be omitted from Schedule 1 of the Act. Resale Services are:
- Retail Services offered by means of a fixed telecommunications network;
- Local access and calling service offered by means of fixed telecommunications network; and
- Retail services offered by means of a fixed telecommunications network as part of bundle of retail services.
In 2016 the Commission completed an investigation into whether Spark’s three Resale Services should be deregulated. At the time, the Commission’s final report recommended that the then Minister for Communications “does not omit Resale Services from Schedule 1 of the Act at this time; and defers the decision for two years from the date of this report”.
In March 2017, the then Minister for Communications accepted the Commission’s recommendation to defer their decision for two years from the date of the Commission’s 2016 final report. The then Minister for Communications also referred the Commission’s recommendation back to the Commission for a report at the end of this two year period.
In April 2017, the Commission confirmed that it will prepare a draft report in early 2019, in accordance with the process set out in clause 7 of Schedule 3 of the Act.
The two years have since passed, and the Commission is now examining whether it is necessary to make any amendments to its recommendations from its 2016 final report. As required under clause 7(1)(b)(i) of Schedule 3 of the Act, this draft report is confined to only include amendments the Commission wishes to make to recommendations from its 2016 final report.
The Commission’s draft view is that it will recommend to the Minister of Broadcasting, Communications and Digital Media (Minister) that the three Resale Services are omitted from Schedule 1 with immediate effect. The Commission’s draft view is also that it will recommend that any consideration by the Minister of whether to omit the three Resale Services from Schedule 1 of the Act ought to consider the Resale Services together on the basis that these services are “sufficiently related to each other”.
The draft report, including how interested persons can provide their views on the draft report, can be viewed on the Commission’s website at
and is available for inspection free of charge at the Commission (during ordinary office hours), or for purchase at a reasonable price at the Commission, 44 The Terrace, Wellington.
Submissions are due by 5.00pm on Friday 17 May 2019.
Dated this 17th day of April 2019.