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Telecommunications Act 2001

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

69J: Process for responding to non-compliance notice

You could also call this:

"What to do if you get a notice saying you didn't follow the rules"

Illustration for Telecommunications Act 2001

If you get a non-compliance notice, you can respond to it in writing within 10 working days. You can either dispute the notice or explain why you did not comply. The Commission will consider your response before deciding what to do next. They will look at what you say and then decide whether to cancel the notice, send a new one, or confirm the original one.

If the Commission sends a new notice or confirms the original one, they will tell you what you did wrong and ask you to fix the problem. They must do this within 10 working days of the deadline for you to respond to the notice. You can find more information about this process in the Telecommunications Act 2001 and the Telecommunications (TSO, Broadband, and Other Matters) Amendment Act 2011, which was made under section 36 of another act.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM4187639.

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

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

69JProcess for responding to non-compliance notice

  1. Each party may, not later than 10 working days after the date of the non-compliance notice or any further time as the Commission may allow, respond in writing to the notice either—

  2. by disputing the notice; or
    1. by setting out the reasons for the non-compliance.

      1. The Commission must consider each party's response (if any) before deciding what action to take under subsection (3).

      2. The Commission must, not later than 10 working days after the final date for the parties to respond to the non-compliance notice under subsection (1),—

      3. retract the non-compliance notice; or
        1. give a revised non-compliance notice; or
          1. confirm the non-compliance notice.

            1. If the Commission gives a revised non-compliance notice, or confirms the non-compliance notice, the Commission must—

            2. set out the nature of the non-compliance; and
              1. require the parties to rectify the non-compliance.

                Notes
                • Section 69J: substituted, on (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).