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Functions & Powers of Authorities > Power to make determinations

Power to make determinations

(1) The Authority may, upon written application by any person having an interest in the subject-matter of the determination, or upon its own motion if the Authority has reason to believe a determination is necessary, make determinations relating   to -

(a) any obligation of a licensee relating to the terms or conditions of a licence or a spectrum licence, including obligations in regulations, standards or technical rules; or

(b) any activity set out in section 79(1), 

in accordance with subsection (3) or any other prescribed procedures.

(2) The Authority must not make a determination in respect of a matter that is the subject of arbitration before the Commerce Commission.

(3) In making any determination, the Authority must -

(a) provide reasonable notice to any person who may be affected by the determination;

(b) allow any affected person an opportunity to be heard; and

(c) provide reasons in writing for its determination.

(4) The Authority shall not consider applications for a determination that are vexatious or frivolous or where the applicant lacks standing.

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