52 Power to make determinations 18.—(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; {c) provide reasons in writing for its determination. (b) allow any affected person an opportunity to be heard; and (4) The Authority shall not consider applications for a determination that are vexatious or frivolous or where the applicant lacks standing. Procedures for determinations 19.—(1) must— (a) (b) (c) (d) Subject to section 18(4), if a person applies to the Authority for a determination, the Authority acknowledge the application within 5 working days of receipt; expeditiously request from the applicant or other parties such additional information as it reasonably requires to make a determination; make a determination within one month after receiving all information required to make a determination; and use all reasonable efforts to make application. a determination no later than 4 months after receiving the (2) The Authority must take into account the urgency of the application and may issue interim determinations if the application appears likely to prevail and irreparable harm would result if no interim determination were made. 20.—(1) Enforcement of determinations A determination shall be legally binding on the parties to the determination. (2) A party to the determination may enforce it in accordance with the prescribed procedures. Consideration of the burden of regulation 21. The Authority shall, when performing its functions and exercising its powers under this Promulgation take into account the effect on users and licensees and shall only increase the burden of regulation where the benefits reasonably anticipated to users outweigh the burden reasonably anticipated to be placed on licensees. Procedural fairness 22. In performing its functions and exercising it powers under this Promulgation, the Authority must observe the following— (a) (6) (c) (d) act transparently and fairly; consult in good faith any person who is or is likely to be affected by any action or decision including any Ministry, department, other government entity or any commercial, industrial, consumer and standards body; give all such persons the opportunity to make submissions and be heard; consider evidence adduced at any such hearing and to the matters contained in any such submissions;