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Telecommunications Act 2001

Enforcement - Enforcement of determinations, approved codes, and undertakings

156O: Complaints of breach of enforceable matter

You could also call this:

"What to do if you think someone broke a telecommunications rule"

Illustration for Telecommunications Act 2001

If you think someone has broken a rule, you can make a complaint to the Commission. You can complain if you are an access seeker or an access provider of a designated service or a specified service. You can also complain if you are a party to an undertaking under Part 2A or Part 4AA.

When the Commission gets your complaint, they will think about it and decide what to do. They might decide to do nothing, or they might decide to take action. If they decide to take action, they might change the rule to make it clearer, or they might take the matter to the High Court under section 156P.

The Commission will talk to people who are interested in the matter before they make a decision to change the rule. When deciding whether to take action, the Commission will think about the purpose of the rule. They will look at section 18 if you are an access seeker or an access provider, or section 69W if you are a party to an undertaking under Part 2A, or section 156AC if you are a party to an undertaking under Part 4AA.

The Commission might also think about whether you have enough money to take action. They will tell you what they decide to do about your complaint.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM127706.

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156P: Enforcement by High Court, or

"The High Court can make people follow the telecommunications rules if someone complains or breaks them."

Part 4AEnforcement
Enforcement of determinations, approved codes, and undertakings

156OComplaints of breach of enforceable matter

  1. The following persons may make a written complaint to the Commission alleging a breach of an enforceable matter:

  2. an access seeker or an access provider of a designated service or a specified service:
    1. in the case of an undertaking under Part 2A or 4AA, a party.

      1. As soon as reasonably practicable after receiving a complaint, the Commission must consider the complaint to decide—

      2. whether to take no action on the complaint; or
        1. whether to take either or both of the following actions:
          1. to amend the enforceable matter for the purpose of making a clarification (if the complaint relates, or appears to relate, to a dispute over the interpretation of the terms or conditions of the enforceable matter and the dispute has not previously been submitted to any dispute resolution procedure that is included in the enforceable matter):
            1. to take, or join another party in taking, enforcement action for the enforceable matter in the High Court under section 156P.

            2. In deciding whether to take the action referred to in subsection (2)(b)(i), the Commission must consult with interested parties.

            3. In deciding whether to take the action referred to in subsection (2)(b)(ii), the Commission—

            4. must consider,—
              1. in the case of a complaint by a person referred to in subsection (1)(a), the purpose set out in section 18; and
                1. in the case of a complaint by a party relating to an undertaking under Part 2A, the purpose set out in section 69W; and
                  1. in the case of a complaint by a party relating to an undertaking under Part 4AA, the purposes set out in section 156AC; and
                  2. may consider the financial means of the complainant.

                    1. For the purposes of subsection (2)(b)(i), section 58 applies to the enforceable matter with any necessary modifications.

                    2. The Commission must promptly give written notice to the complainant of the Commission's decision on the complaint.

                    3. Subsection (2)(b)(i) does not apply in the case of an undertaking under Part 2A or 4AA.

                    Notes
                    • Section 156O: inserted, on , by section 54 of the Telecommunications Amendment Act (No 2) 2006 (2006 No 83).
                    • Section 156O(1): substituted, on , by section 86(1) of the Telecommunications (TSO, Broadband, and Other Matters) Amendment Act 2011 (2011 No 27).
                    • Section 156O(1)(b): substituted, on (being the date of separation day, and an Order in Council (SR 2011/302) having been made under section 36), by section 67(1) of the Telecommunications (TSO, Broadband, and Other Matters) Amendment Act 2011 (2011 No 27).
                    • Section 156O(4): substituted, on , by section 86(2) of the Telecommunications (TSO, Broadband, and Other Matters) Amendment Act 2011 (2011 No 27).
                    • Section 156O(4)(a)(ii): substituted, on (being the date of separation day, and an Order in Council (SR 2011/302) having been made under section 36), by section 67(2) of the Telecommunications (TSO, Broadband, and Other Matters) Amendment Act 2011 (2011 No 27).
                    • Section 156O(7): substituted, on , by section 86(3) of the Telecommunications (TSO, Broadband, and Other Matters) Amendment Act 2011 (2011 No 27).