29 Mar 2023
CHORUS LIMITED v MINISTER FOR THE DIGITAL ECONOMY AND COMMUNICATIONS [2023] NZHC 662
- Citation
- [2023] NZHC 662
- Court
- High Court
The Minister erred in law by misinterpreting 'UFB contract' and 'materially different' and by treating the Regulations as requiring incorporation of the WSA, Reference Offer, technical standards and the Commission's SPOI determination; those incorporated provisions were unlawful and were severable; severance of specified provisions left a textually coherent instrument that preserved the Regulations' statutory purpose, so the court declared specified provisions invalid and severed them rather than quashing the entire instrument.