From http://www.stuff.co.nz/business/opin...horus-analysis
There has been no retraction, no backing down, no change to the commission's approach, no deviation from the law in this regard. To suggest otherwise is simply incorrect - we are working through a process as laid down in the law.
The commission cannot deviate from the Act with all of this. It has to follow the prescribed path laid out by Steven Joyce back in 2010.
The only area for debate is around Section 18 of the act which says "consideration must be given to the incentives to innovate that exist for, and the risks faced by, investors in new telecommunications services" and it's on this one line that the broking community has seemingly pinned all its hopes.
This section has never been tested before and is currently before the High Court, but quite how one line in an entire Act is supposed to override the other carefully worded provisions is beyond me....
......So Let me get this straight, in one sentence you're saying we must follow the exact law very specifically laid down by Steven Joyce because he wrote it exactly as intended, then in the next sentence you're saying we should ignore one overriding part of the act because it's too powerful and you don't like it. Hmm, I'm not a law expert in understanding Acts but I don't think it works like that buddy....