1 Apr 2010
VODAFONE NEW ZEALAND LIMITED V TELECOM NEW ZEALAND LIMITED HC WN CIV 2008-485-2194
- Citation
- openlaw-a7c7b3d3_6a7b_483e_bc72_67f198827513.pdf
- Court
- High Court
The Commission erred in law by abandoning exogenous optimisation and thereby ceasing to model the availability and effect of new technologies when calculating net cost, which meant it did not calculate the unavoidable net incremental costs to an efficient service provider as required by the Act; however the Commission's consideration of s 18 and its consultation processes were adequate. As a result the 2004/2005 and 2005/2006 determinations are set aside and remitted to the Commission for reconsideration.