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Telecommunications Act 2001

Enforcement - Enforcement of statutory and regulatory provisions - Preliminary

156B: Enforcement actions that Commission may take

You could also call this:

"What happens if you break the telecommunications rules: the Commission's enforcement actions"

Illustration for Telecommunications Act 2001

The Commission can take action against you if you break the rules. They can serve you a civil infringement notice under section 156D, or apply to the High Court for an order to make you pay a penalty to the Crown under section 156L. They can also accept an undertaking from you under section 156CA for certain breaches.

If you commit a breach referred to in section 156A(1)(o), the Commission can apply to the High Court for an order under section 156MA or section 156MB. For a breach referred to in section 156A(1)(q), they can apply for an order under section 156MC or section 156MD.

This section does not limit any power the Commission has under section 15 or any other law.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM127473.

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156A: Application of section 156B, or

"When section 156B applies if you break a telecommunications rule"

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156BA: Enforcement actions that end-user may take, or

"What you can do if someone breaks the telecommunications rules and how you can take action against them."

Part 4AEnforcement
Enforcement of statutory and regulatory provisions: Preliminary

156BEnforcement actions that Commission may take

  1. The Commission may take 1 of the following actions against a person to whom this section applies:

  2. serve a civil infringement notice on the person under section 156D; or
    1. apply to the High Court for an order, under section 156L, requiring the person to pay a pecuniary penalty to the Crown; or
      1. in relation to a person who commits a breach referred to in section 156A(1)(o), (p), or (q), accept an undertaking under section 156CA.

        1. The Commission may, in addition to or instead of taking action under subsection (1), take 1 or both of the following actions against a person who commits a breach referred to in section 156A(1)(o):

        2. apply to the High Court for an order under section 156MA:
          1. apply to the High Court for an order under section 156MB.

            1. The Commission may, in addition to or instead of taking action under subsection (1), take 1 or both of the following actions against a person who commits a breach referred to in section 156A(1)(q):

            2. apply to the High Court for an order under section 156MC:
              1. apply to the High Court for an order under section 156MD.

                1. This section does not limit any power conferred on the Commission by or under section 15 or any other enactment.

                Notes
                • Section 156B: inserted, on , by section 54 of the Telecommunications Amendment Act (No 2) 2006 (2006 No 83).
                • Section 156B(1): amended, on , by section 29(1) of the Telecommunications (New Regulatory Framework) Amendment Act 2018 (2018 No 48).
                • Section 156B(1)(b): amended, on , by section 29(2) of the Telecommunications (New Regulatory Framework) Amendment Act 2018 (2018 No 48).
                • Section 156B(1)(c): inserted, on , by section 29(3) of the Telecommunications (New Regulatory Framework) Amendment Act 2018 (2018 No 48).
                • Section 156B(1A): inserted, on , by section 29(4) of the Telecommunications (New Regulatory Framework) Amendment Act 2018 (2018 No 48).
                • Section 156B(1B): inserted, on , by section 29(4) of the Telecommunications (New Regulatory Framework) Amendment Act 2018 (2018 No 48).