Plans have been put in place at the Commerce Commission to ensure continuity of the large workload of telecommunications decisions, during a period of transition. The new Chair Dr Mark Berry has asked Paula Rebstock to remain in her role as a member of the Commission to complete a number of determinations pending in the telecommunications work.

Under the Telecommunications Act, in the absence of the Telecommunications Commissioner, the Chair of the Commission assumes the responsibilities of the Telecommunications Commissioner. At present that is Dr Berry.

However, pending the resolution of issues relating to the Telecommunications Commissioner role Dr Berry has announced interim arrangements to ensure smooth continuation of current work programmes.

"The Commission will rely on provisions in the Telecommunications Act that provide for transitional issues to be dealt with by allowing a Commissioner whose term has expired to continue to determine matters which they were dealing with at the time their term ended," said Dr Berry.

"This means that Paula Rebstock, whose term ended on 31 March 2009, will continue to carry out her role as a member of the Commission in relation to a number of important telecommunications matters."

The Divisions on which Ms Rebstock will continue to sit, alongside Commissioners Anita Mazzoleni and Gowan Pickering, include (not exclusively) the Schedule 3 inquiry into mobile termination, determinations of the cost of the Telecommunications Services Obligations, determinations on sub-loop services and the Next Generation Networks Study.

The Commission will be making no further comment at this time.

Background

Telecommunications Act

Section 15(b) of the Telecommunications Act 2001 applies section 13 (4) of the Commerce Act 1986 which states that:

Notwithstanding that the term of office of a member has expired or that a member has resigned that office, that person shall be deemed to continue as a member for the purpose of

(a) Completing the determination of any matter before that person, as a member, which was commenced before the expiration of the term of office or before the resignation took effect, as the case may be.

Telecommunications Commissioner

The Telecommunications Commissioner Dr Ross Patterson voluntarily stood down from his role in September 2008 to seek health treatment.

Paula Rebstock

Paula Rebstock was Chair of the Commerce Commission for more than five years. Her term ended on 31 March 2009.