Telecommunications Act 2001

Enforcement - Enforcement of statutory and regulatory provisions - Preliminary

156C: Matters that Commission must take into account in deciding what enforcement action to take

You could also call this:

"What the Commission thinks about when deciding what to do with someone who breaks the rules."

Illustration for Telecommunications Act 2001

When the Commission decides what action to take under section 156B, they must think about some important things. They have to consider how serious the alleged breach is and what was happening when it took place. They also have to think about whether the person who did it has done something like this before and how much they are to blame.

The Commission must consider if the person who did it got any money from it and how much harm it caused to others. They look at all these things to decide what to do next.

You can see what the Commission has to consider when deciding what action to take, and it includes things like the nature and extent of any loss or damage suffered by any person as a result of the alleged breach.

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This page was last updated on 28 May 2025

View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM127475.

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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."

156CA: Commission may accept undertakings, or

"The Commission can accept a promise from you to follow the rules."

Part 4AEnforcement
Enforcement of statutory and regulatory provisions: Preliminary

156CMatters that Commission must take into account in deciding what enforcement action to take

In making a decision about what action to take under section 156B, the Commission must take into account the following matters:
the seriousness of the alleged breach:
the circumstances in which the alleged breach took place:
whether or not the person who is alleged to have committed the breach has previously committed a breach of that kind or has engaged in any similar conduct:
the culpability of the person who is alleged to have committed the breach:
the nature and extent of any commercial gain resulting from the alleged breach:
the nature and extent of any loss or damage suffered by any person as a result of the alleged breach.

Notes

Section 156C: inserted, on 22 December 2006, by section 54 of the Telecommunications Amendment Act (No 2) 2006 (2006 No 83).