Telecommunications Act 2001

Enforcement - Enforcement of determinations, approved codes, and undertakings

156Q: Remedies for breach of enforceable matter

You could also call this:

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

Illustration for Telecommunications Act 2001

If someone breaks an enforceable matter that is filed in the High Court under section 156P(1), you can take action. The High Court can order the person to pay a penalty to the Crown if they are satisfied that the person broke the rules and the penalty is more than any compensation they might have to pay. The court uses the same standard of proof as in other civil cases.

The High Court can make this order if the person broke the rules and the amount of money they gained from breaking the rules is more than the amount of money they would have to pay to compensate others. You have three years from when the breach was discovered, or should have been discovered, to start proceedings in the High Court.

You can start proceedings in the High Court within this time frame to get the person to pay the penalty.

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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=DLM127710.

Topics:

Crime and justice > Courts and legal helpMoney and consumer rights > Consumer protection

156P: Enforcement by High Court, or

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

156R: Limit on amount of pecuniary penalty, or

"You can't be fined more than you gained by breaking the rule."

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

156QRemedies for breach of enforceable matter

This section applies if an enforceable matter is filed in the High Court under section 156P(1).
On the application of the Commission, the High Court may, in addition to any other remedies available to the court, order any person to pay to the Crown any pecuniary penalty that the court determines to be appropriate if satisfied that—
the person has committed a breach of the enforceable matter; and
the amount of any compensatory damages that the court can award against that person for the breach is less than the value of any commercial gain resulting from the breach.

The standard of proof in any proceedings under this section is the standard of proof that applies in civil proceedings.
Proceedings under this section may be commenced within 3 years after the matter giving rise to the breach was discovered or ought reasonably to have been discovered.

Notes

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