22 JANUARY 2009 NEW ZEALAND GAZETTE, No. 9 179

Pursuant to section 90(b) of the Act, the Commission gives public notice of its final determination.

A public copy of the final determination is available on the Commission’s website at

http://www.comcom.govt.nz/IndustryRegulation/Telecommunications/ServiceObligation s/ContentFiles/Documents/Final%20Determination%20for%20TSO%20Instrument%20for%20Local%20Res idential%20Telephone%20Service.pdf

The transitional provisions for the TSO determinations that were enacted under the Telecommunications Amendment Act (No. 2) 2006 (“Amendment Act”) allowed the Commission to complete the 2005/06 final TSO Determination as if the Act had not been amended by the Amendment Act.

Date of Final Determination: 17 September 2008.
Date of Notice: 14 January 2009.

COMMERCE COMMISSION.
au575

Notice of Receipt of Undertakings in Relation to Schedule 3 Investigation Regarding Mobile Termination Access Services

On 6 November 2008, the Commerce Commission (“the Commission”) gave public notice that it was commencing an investigation, under Schedule 3 of the Telecommunications Act 2001 (“the Act”), into whether or not the mobile termination access services (incorporating mobile-to-mobile voice termination, fixed-to-mobile voice termination and short-message-service termination) should become a regulated service under Schedule 1 of the Act.

Under clause 15 of Schedule 3A of the Act, any access provider that wished to make an undertaking was required to do so not later than 12 January 2009.

The Commission received applications for undertakings from Vodafone, Telecom and NZ Communications in relation to the provision of mobile termination access services.

Under clause 16(1) of Schedule 3A of the Act, the Commission is required to give public notice of the applications for undertakings and invite interested parties to make written submissions on the applications.

Interested parties to the determination have until 13 February 2009 to submit on the applications for undertakings.

Copies of the applications for undertakings are available on the Commission’s website at

http://www.comcom.govt.nz/IndustryRegulation/Telecommunications/Investigations/MobiletoMobileTermination/mobiletomobiletermination.aspx

Date of Notice: 22 January 2009.

COMMERCE COMMISSION.
au603

Maritime New Zealand

Maritime Transport Act 1994

Notice of Exemption from Maritime Rules 21.13(1)(a), 21.13(1)(b), 22.30(1), 23.33(2), 31A.7, 31A.7(c), 31A.12(2)(c), 31A.13(1)(c), 31B.6(1)(a), 31B.13 Table 5, 31B.14 Table 7, 31B.15, 31C.7(1)(b), 31C.9(a), 31C.10(a), 31C.12, 31C.12(1)(a), 32.3A(1)(g)(i) and Appendix 5.1 and 5.2, 40A.7, 40A.18(2), 40A.18(3)(a), 40A.33(2)(e), 40A.55, 40A.55(1), 40A.56, 40A.56(1), 40A.57(2), 40A.58(1), 40B.21(1), 40C, 42A.17(3), 42A.37(1)(a), 45.8(1), 45.22, 46.17(1)(a), 47.8(1)(c), 47.8(2), 50.4, and 80.9(2)(a) Appendix 2, 2.4(a), (d) and (g)

Pursuant to section 47(3) of the Maritime Transport Act 1994, the Director of Maritime New Zealand hereby notifies the granting of the following exemptions:

• 3 from Maritime Rule 21.13(1)(a) – re entry to and conditions to be met in order for ship to remain in Safe Ship Management
• 5 from Maritime Rule 21.13(1)(b) – re entry to and conditions to be met in order for ship to remain in Safe Ship Management
• 1 from Maritime Rule 22.30(1) – re anchored vessels and vessels aground (collision prevention)
• 1 from Maritime Rule 23.33(2) – re openings in watertight bulkheads (operating procedures and training)
• 1 from Maritime Rule 31A.7 – re minimum safe crewing – general requirements (crewing and watchkeeping unlimited, offshore and coastal non-fishing vessels)
• 1 from Maritime Rule 31A.7(c) – re minimum safe crewing general requirements (crewing and watchkeeping unlimited, offshore and coastal – non-fishing vessels)
• 1 from Maritime Rule 31A.12(2)(c) – re ship types – general requirements (crewing and watchkeeping unlimited, offshore and coastal – non-fishing vessels)
• 1 from Maritime Rule 31A.13(1)(c) – ship types – unlimited area (crewing and watchkeeping unlimited, offshore and coastal – non-fishing vessels)
• 2 from Maritime Rule 31B.6(1)(a) – re minimum safe crewing – general requirements (crewing and watchkeeping offshore, coastal and restricted – non-fishing vessels)
• 1 from Maritime Rule 31B.13 Table 5 – re non-passenger vessels – offshore area (crewing and watchkeeping offshore, coastal and restricted – non-fishing vessels)
• 1 from Maritime Rule 31B.14 Table 7 – re non-passenger vessels – inshore area (crewing and watchkeeping offshore, coastal and restricted – non-fishing vessels)
• 1 from Maritime Rule 31B.15 – re non-passenger vessels – enclosed area (crewing and watchkeeping offshore, coastal and restricted – non-fishing vessels)
• 3 from Maritime Rule 31C.7(1)(b) – re minimum safe crewing – general requirements (crewing and watchkeeping fishing vessels)