NEW ZEALAND GAZETTE, No. 64

10 JUNE 2010

Appointment to the Civil Aviation Authority of New Zealand

Pursuant to section 28 of the Crown Entities Act 2004, the Minister of Transport is pleased to appoint

Peter Ward Griffiths

to the board of the Civil Aviation Authority of New Zealand as a member and deputy chair for a three-year term from 25 June 2010 to 24 June 2013.

Dated at Wellington this 8th day of June 2010.

HON STEVEN JOYCE, Minister of Transport.

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Authorities and Other Agencies of State Notices

Commerce Commission

Commerce Act 1986

Commerce Act (Transpower Thresholds) Amendment Notice 2010

Pursuant to Part 4 of the Commerce Act 1986, the Commerce Commission gives the following notice.

Notice

1. Title—(1) This notice is the Commerce Act (Transpower Thresholds) Amendment Notice 2010.

   (2) In this notice, the Commerce Act (Transpower Thresholds) Notice 2008 (Supplement to the New Zealand Gazette, 27 June 2008, No. 106, page 2793) is called the “principal notice”.

2. Commencement—This notice comes into force on 1 July 2010.

3. Interpretation—Clause 6(1)(c) of the principal notice is revoked and is substituted with the following:

   “(b) $225.60 million for the assessment period ending 30 June 2011.”

Dated at Wellington this 10th day of June 2010.

COMMERCE COMMISSION.

Explanatory Note

In May 2008, the Commerce Commission set thresholds for the declaration of control in relation to Transpower New Zealand Limited under Part 4A of the Commerce Act 1986 (“the Act”) and published those thresholds in a Supplement to the New Zealand Gazette, 27 June 2008, No. 106, page 2793, as the Commerce Act (Transpower Thresholds) Notice 2008 (the “principal notice”).

Further detail regarding the thresholds can be found in a Decision Paper, Decision and Reasons for not Declaring Control of Transpower New Zealand Limited & Decision to Reset Transpower’s Thresholds, published by the Commerce Commission on 13 May 2008.

The majority of the provisions of Part 4A of the Act were repealed by the Commerce Amendment Act 2008 on 14 October 2008 and replaced with a new Part 4. However, under Part 4, Transpower continues to be subject to its administrative settlement until its expiry date of 30 June 2011 (section 54M). This notice is, therefore, issued under Part 4 of the Act.

The amendment now made to the principal notice by the amendment notice set out above is to set a transmission (non-Part F capex) threshold for the assessment period ending 30 June 2011, as required under Schedule 2, Part 2, clause (j).

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Telecommunications Act 2001

Notification of Clarification of the Standard Terms Determinations on Telecom’s Unbundled Bitstream Access Service

On 12 December 2007, the Commerce Commission (“Commission”) made a standard terms determination, under section 30M of the Telecommunications Act 2001 (“the Act”), in respect of the designated access service of Telecom’s Unbundled Bitstream Access (“UBA”) Service (“Decision 611”) which has been amended by way of clarification under section 58 of the Act on a number of occasions.

On 10 May 2010, Commission Decision 693 further amended Decision 611 under section 58 of the Act to clarify the application of Decision 611 to VDSL and VDSL2 based technology. Decision 693 amended Decision 611 by including amendments to:

• clause 10 of the UBA General Terms to specify with further particulars the information that must be included with a notice from Telecom of any new UBA Variants (ie new wholesale “commercial” broadband services that are delivered using VDSL or VDSL2 based technology);
• clauses 4.1, 4.2 and 4B of the UBA Price List (Schedule 2 to the UBA General Terms) to ensure that the wholesale price calculations for the UBA Service (which are conducted on a regular basis) are not affected by retail broadband plans that are supplied by Telecom using new UBA Variants;
• clause 5.1 of the UBA Price List to ensure consistency with other amendments made and to provide clarity as to the plans that may be considered as part of any quarterly or service adjustment calculation.

Pursuant to section 58(2) of the Act, the Commission is required to give public notice that it has amended Decision 611 for the purposes of making a clarification under section 58(1) of the Act.

Decision 693 sets out the amendments made to Decision 611 and a copy of the clarification is available on the Commission’s website

http://www.comcom.govt.nz/unbundled-bitstream-standard-access-service/

Date of Decision: 10 May 2010.

COMMERCE COMMISSION.

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