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Telecommunications Act 2001

Enforcement - Enforcement of determinations, approved codes, and undertakings

156P: Enforcement by High Court

You could also call this:

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

Illustration for Telecommunications Act 2001

If you want to enforce something under the Telecommunications Act, you or the Commission can file it with the High Court in Wellington. The Commission can enforce some things on its own, but for others it needs to have received a complaint under section 156O. You can enforce things like breaches of certain determinations or standards.

When you file something with the High Court, it can be enforced like a court judgment. This means the court can make someone do what they are supposed to do. The thing you filed is enforceable for as long as it is in force.

If you have filed something and it gets clarified or reconsidered under section 58 or section 59, you need to file the new information with the court. You have to do this in a specific format. The Commission has some extra rules it has to follow when enforcing things, like only enforcing certain breaches if it has received a complaint under section 156O.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM127708.

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156O: Complaints of breach of enforceable matter, or

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

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156Q: Remedies for breach of enforceable matter, or

"What happens if someone breaks the rules: how to take action"

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

156PEnforcement by High Court

  1. An enforceable matter may be enforced by a party or the Commission, or both, filing it in the prescribed form in the Wellington Registry of the High Court.

  2. The Commission may,—

  3. for a breach of a determination made under section 27 or a standard terms determination made under section 30M, enforce the enforceable matter only if it has received a complaint of the breach under section 156O; and
    1. for a breach of a designated multinetwork service determination, an approved code, a registered undertaking, an undertaking under Part 2A or 4AA, enforce the enforceable matter on its own initiative (whether or not it has received a complaint of the breach under section 156O).

      1. An enforceable matter filed in the High Court under subsection (1) is enforceable as a judgment of the High Court in its civil jurisdiction.

      2. An enforceable matter is enforceable in accordance with subsection (3) during the period in which the matter continues in force.

      3. A party who has filed a determination under subsection (1) must file in the prescribed form in the High Court any clarification of the determination under section 58 or reconsideration of the determination under section 59.

      Notes
      • Section 156P: inserted, on , by section 54 of the Telecommunications Amendment Act (No 2) 2006 (2006 No 83).
      • Section 156P(2)(b): amended, on , by section 87 of the Telecommunications (TSO, Broadband, and Other Matters) Amendment Act 2011 (2011 No 27).