22 Dec 2022
CHORUS LIMITED v MINISTER FOR THE DIGITAL ECONOMY AND COMMUNICATIONS [2022] NZHC 3602
- Citation
- [2022] NZHC 3602
- Court
- High Court
The Court held the Minister erred in law: the Constraint clause (sch 1AA cl 14/15) prevents recommending first regulations that prescribe service descriptions or conditions that are materially different from the terms set out in a UFB contract (the NIPA). The WSA/Reference Offer and other incorporated documents are not terms 'set out in' the UFB contract; incorporation by reference of those additional materials into the Regulations has a freezing effect and therefore produces descriptions/conditions materially different from the NIPA. The Minister also misinterpreted the purpose of anchor ser…