Telecommunications Act 2001

Telecommunications service obligations - Remedies and miscellaneous - Miscellaneous

100: Right of appeal to High Court

You could also call this:

"You can ask the High Court to review a decision you don't agree with."

Illustration for Telecommunications Act 2001

You can appeal to the High Court if you are not happy with a decision made by the Commission. You might be a liable person or a TSO provider, and you can appeal against certain decisions, such as a determination made under section 88(a), a direction under section 94A(1) or 94B(3), or a determination made under section 94K(1)(a) to (g). The Crown can also appeal against these decisions.

You can only appeal on a question of law. If you start an appeal or judicial review proceedings about a liability allocation determination, TSO cost calculation determination, or direction under section 94A(1), the decision still applies until the proceedings are finished. This means you still have to follow the decision until the court makes a final ruling.

You still have to pay any money you owe under sections 89 and 94L, even if you are appealing a decision that relates to those payments. You have to keep paying until the appeal or judicial review proceedings are finished. A TSO provider is the provider under the TSO instrument that the direction or determination is about.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM127165.


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100A: Procedure for determinations, or

"How the Commission makes decisions in a flexible way, considering all the information it receives."

Part 3Telecommunications service obligations
Remedies and miscellaneous: Miscellaneous

100Right of appeal to High Court

  1. The following persons and (as applicable) the Crown may appeal to the High Court against the following matters:

  2. a liable person, against a determination of the Commission, in relation to that person, of the matter referred to in section 88(a):
    1. a TSO provider, against a direction of the Commission under section 94A(1) or 94B(3):
      1. a liable person, TSO provider, or the Crown, against a determination of the Commission in respect of a matter referred to in section 94K(1)(a) to (g).
        1. An appeal under subsection (1) may be on a question of law only.

        2. If an appeal or judicial review proceedings are commenced about a liability allocation determination, TSO cost calculation determination, or direction under section 94A(1), the determination or direction continues to have effect and is enforceable as if the proceedings had not been commenced until the proceedings are finally disposed of.

        3. To avoid doubt, the obligations to pay money imposed by sections 89 and 94L continue to have effect and are enforceable despite any appeal or judicial review proceedings about a determination that relates to those payments, until the proceedings are finally disposed of.

        4. TSO provider, in subsection (1), means the TSO provider under the TSO instrument to which the direction or determination relates.

        Notes
        • Section 100: substituted, on , by section 17 of the Telecommunications (TSO, Broadband, and Other Matters) Amendment Act 2011 (2011 No 27).