Plain language law

New Zealand law explained for everyone

Telecommunications Act 2001

Services provided using networks developed with Crown funding: Undertakings regime and Commerce Act 1986 authorisations - Undertakings relating to networks developed with Crown funding as part of UFB initiative - Enforcement of undertakings

156AR: Power of court to grant relief in respect of undertakings

You could also call this:

"Courts can stop companies breaking promises or rules and make them follow the rules."

Illustration for Telecommunications Act 2001

If the Commission asks the High Court, the court can make orders to stop a company, called an LFC, from doing something wrong. The court can tell the LFC to stop doing something that breaks the rules of an undertaking. The court can also tell the LFC to do something specific or to follow the rules of the undertaking. You can think of an undertaking like a promise a company makes to do something. The Commission can ask the court to help them get information from the LFC during a court case.

The court can change or cancel its orders at any time. The Commission can get help from the court to get information from the LFC, like answers to questions, during a court case, as decided by the court. This is part of the Telecommunications Act 2001, which was amended by the Telecommunications (TSO, Broadband, and Other Matters) Amendment Act 2011.

This text is automatically generated. It might be out of date or be missing some parts. Find out more about how we do this.

This page was last updated on

View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM3878058.

Topics:
Money and consumer rights > Consumer protectionBusiness > Industry rulesBusiness > Fair trading
Previous

156AQ: Enforcement and remedies under Part 4A, or

"What happens if someone breaks the rules under Part 4A of the Telecommunications Act"

Next

156AS: Interrelationship of remedies, or

"What happens when you use different rules to solve a problem with someone who broke a promise."

Part 4AAServices provided using networks developed with Crown funding: Undertakings regime and Commerce Act 1986 authorisations
Undertakings relating to networks developed with Crown funding as part of UFB initiative: Enforcement of undertakings

156ARPower of court to grant relief in respect of undertakings

  1. If, on the application of the Commission, it appears to the High Court that an LFC intends to engage, or is engaging, or has engaged, in conduct that constitutes, or would constitute, a breach of the terms of an undertaking, the court may make any orders on any terms and conditions that it thinks appropriate, including, without limitation, an order to—

  2. restrain the LFC from engaging in conduct that constitutes, or would constitute, the breach:
    1. require the LFC to do a particular act or thing:
      1. require the LFC to comply with the terms of the undertaking.

        1. In any proceeding under this section, the Commission, on the order of the court, may obtain discovery and administer interrogatories.

        2. The court may at any time rescind or vary an order made under this section.

        Notes
        • Section 156AR: inserted, on , by section 81 of the Telecommunications (TSO, Broadband, and Other Matters) Amendment Act 2011 (2011 No 27).