Telecommunications Act 2001

Structural separation of Telecom - Monitoring of shared assets, services, and systems

69H: Commission's monitoring, investigation, and enforcement powers

You could also call this:

"The Commission checks Spark and Chorus are following the rules and can fine them if they don't."

Illustration for Telecommunications Act 2001

The Commission can ask Spark and Chorus to give them information about sharing arrangements. You need to know that Spark and Chorus must give the Commission the information they ask for within a certain time. The Commission can also ask for the information to be checked by an auditor or verified by a statutory declaration. The Commission can talk to people who might be affected by a sharing arrangement to monitor and investigate. If Spark or Chorus do not follow the rules, they can be fined up to $1 million and $50,000 per day. The Commission's powers do not limit the application of section 98 of the Commerce Act 1986. The Commission has the power to check that Spark and Chorus are following the rules. You can check sections 156L(3) and 156M to see the maximum penalty for breaching this section. The Commission can make sure that Spark and Chorus are doing what they are supposed to do.

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This page was last updated on 8 October 2025

View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM4187636.

Topics:

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69G: Obligation to collect and retain information for monitoring purposes, or

"Spark and Chorus must collect and keep information so the Commission can check they are following the rules."

69I: Commission may give non-compliance notice, or

"The Commission can send a warning if a phone or internet company breaks the rules."

Part 2AStructural separation of Telecom
Monitoring of shared assets, services, and systems

69HCommission's monitoring, investigation, and enforcement powers

The Commission may, by notice in writing, require Spark and Chorus to prepare and disclose information consisting of, or about, the following:
the terms, execution, or performance of a sharing arrangement:
any report, agreement, or other information relating to the sharing arrangement that the Commission considers necessary for the purpose of monitoring compliance with this subpart.

Spark and Chorus must prepare and disclose the information required within the period specified in the notice.
A notice under this section may require either or both of the following:
that all or any of the information be audited by a qualified auditor and that the auditor provide a report directly to the Commission on the matters that the Commission specifies as those that must be addressed in that report:
that all or any of the information be verified by statutory declaration in the form and by the persons required by the Commission.

To avoid doubt, nothing in this section limits the application of section 98 of the Commerce Act 1986.
The Commission may, for the purpose of monitoring, investigation, and enforcement under this subpart, consult with any persons that the Commission considers may be affected by a sharing arrangement.
See sections 156L(3) and 156M for the maximum penalty of $1 million (and $50,000 per day) for breach of this section.

Notes

Section 69H: substituted, on 30 November 2011 (being the date of separation day, and an Order in Council (SR 2011/302) having been made under section 36), by section 51 of the Telecommunications (TSO, Broadband, and Other Matters) Amendment Act 2011 (2011 No 27).
Section 69H(1): amended, on 13 November 2018, by section 37(1) of the Telecommunications (New Regulatory Framework) Amendment Act 2018 (2018 No 48).
Section 69H(2): amended, on 13 November 2018, by section 37(1) of the Telecommunications (New Regulatory Framework) Amendment Act 2018 (2018 No 48).