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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

156AS: Interrelationship of remedies

You could also call this:

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

Illustration for Telecommunications Act 2001

If you have a problem with someone who has made an undertaking, you can use the rules in this Part or in Part 4A to help you. You can also use other rights or remedies that you have, even if they are not in this Part or Part 4A. The rules in this Part or Part 4A do not limit your other rights or remedies.

If you take someone to court because they have not kept their undertaking, the court will think about whether that person has already been ordered to pay a penalty for the same thing. The court will also think about how much they had to pay and what effect it had. This helps the court decide whether to order the person to pay a penalty, compensation, or damages.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM3878059.

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

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

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156AT: Purpose, or

"What the Telecommunications Act 2001 is trying to achieve is no longer part of the law."

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

156ASInterrelationship of remedies

  1. Nothing in this Part or Part 4A limits or affects any right, duty, liability, or remedy in respect of an undertaking that exists or is available apart from this Part or Part 4A.

  2. Any right of action or other remedy available under this Part or Part 4A in respect of an undertaking may be taken, proceeded with, or heard in conjunction with any other action or remedy available under this Act or otherwise.

  3. However, in determining whether to order a person to pay a penalty, compensation, or damages in respect of an undertaking, the court must have regard to—

  4. whether that person has already been ordered to pay a penalty, compensation, or damages for the same matter; and
    1. if so, the amount and effect of that first order.

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