Telecommunications Act 2001

Enforcement - Enforcement of statutory and regulatory provisions - Pecuniary penalty

156M: Further penalty may be imposed for continuing breach

You could also call this:

"You can get an extra fine for each day you keep breaking a telecommunications rule."

Illustration for Telecommunications Act 2001

If you break a rule under the Telecommunications Act 2001, you might get a pecuniary penalty. The High Court can also give you an extra penalty for each day you keep breaking the rule. The extra penalty can be up to $500,000 per day for some breaches, like those referred to in section 156L(1)(a), section 69L, or section 69T. For other breaches, like those referred to in section 156A(fa) or (fb), the extra penalty can be up to $50,000 per day, and for any other case, it can be up to $10,000 per day. The extra penalty starts from the day the pecuniary penalty was given, under section 156L, and ends when the breach is fixed.

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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=DLM127497.

Topics:

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156L: Pecuniary penalty, or

"Paying a fine if you break telecommunications rules"

156MA: Order to disclose information or publish advertisement, or

"High Court can order someone to share information or correct wrong information"

Part 4AEnforcement
Enforcement of statutory and regulatory provisions: Pecuniary penalty

156MFurther penalty may be imposed for continuing breach

In addition to a pecuniary penalty imposed under section 156L, the High Court may, for a continuing breach of any of the provisions referred to in section 156L(1), impose for each day or part of a day during which the breach continues a further penalty of—
$500,000 for a breach referred to in section 156L(1)(a); and
$500,000 for a breach referred to in section 69L; and
$500,000 for a breach referred to in section 69T; and
$50,000 for a breach referred to in section 156A(fa) or (fb); and
$10,000 for any other case.

To avoid doubt, any further penalty under subsection (1) may be imposed only in respect of the period that—
begins on the day on which the pecuniary penalty was imposed under section 156L; and
ends on the day on which the breach is remedied.

Notes

Section 156M: inserted, on 22 December 2006, by section 54 of the Telecommunications Amendment Act (No 2) 2006 (2006 No 83).
Section 156M(1)(aa): inserted, on 30 November 2011 (being the date of separation day, and an Order in Council (SR 2011/302) having been made under section 36), by section 66 of the Telecommunications (TSO, Broadband, and Other Matters) Amendment Act 2011 (2011 No 27).
Section 156M(1)(ab): inserted, on 30 November 2011 (being the date of separation day, and an Order in Council (SR 2011/302) having been made under section 36), by section 66 of the Telecommunications (TSO, Broadband, and Other Matters) Amendment Act 2011 (2011 No 27).
Section 156M(1)(ac): inserted, on 30 November 2011 (being the date of separation day, and an Order in Council (SR 2011/302) having been made under section 36), by section 66 of the Telecommunications (TSO, Broadband, and Other Matters) Amendment Act 2011 (2011 No 27).
Section 156M(1)(b): repealed, on 13 November 2018, by section 38 of the Telecommunications (New Regulatory Framework) Amendment Act 2018 (2018 No 48).