25 May 2006
TELECOM NEW ZEALAND LIMITED V THE COMMERCE COMMISSION AND ANOR CA CA75/05
- Citation
- openlaw-29a80481_ac7d_40b4_acb7_4ba055228359.pdf
- Court
- Court of Appeal
A s51 pricing review determination substitutes the s27 determination ab initio for the period in issue; the Commission may set an expiry date for a review determination different from the s27 expiry where efficiency requires; a pricing review may be made after the s27 expiry and restitutionary or enforcement mechanisms can be used to adjust payments in accordance with the substituted determination; a purposive interpretation of the Telecommunications Act 2001 leads to these conclusions.