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Telecommunications Act 2001

Enforcement - Enforcement of determinations, approved codes, and undertakings

156R: Limit on amount of pecuniary penalty

You could also call this:

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

Illustration for Telecommunications Act 2001

If you break a rule in the Telecommunications Act, you might have to pay a pecuniary penalty. The amount you have to pay cannot be more than the money you gained from breaking the rule. The court will also subtract any compensatory damages they award against you from the amount you gained. You can find more information about this in section 156Q(2).

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM127712.

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

156RLimit on amount of pecuniary penalty

  1. The amount of any pecuniary penalty imposed under section 156Q(2) must not exceed the value of any commercial gain resulting from the breach of the enforceable matter, less the amount of any compensatory damages that the court decides to award against the person who has committed the breach.

Notes
  • Section 156R: inserted, on , by section 54 of the Telecommunications Amendment Act (No 2) 2006 (2006 No 83).