Telecommunications Act 2001

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

69K: Commission may decide on appropriate enforcement action if non-compliance persists

You could also call this:

"The Commission can take action if a company breaks the rules and doesn't fix the problem."

Illustration for Telecommunications Act 2001

If you think a company like Spark has not fixed a problem within 40 working days, the Commission can take action. The Commission can tell Spark to fix the problem within 10 working days, or they can ask a court for an injunction under section 69M. They can also ask for a fine under Part 4A. The Commission has to tell the people affected by their decision what they have decided to do. You should know that the Commission can make these decisions at any time if a company is not following the rules.

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This page was last updated on 28 May 2025

View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM4187640.

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69J: Process for responding to non-compliance notice, or

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

69L: Application of pecuniary penalty provisions, or

"Breaking the rules can mean a big fine of up to $10 million"

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

69KCommission may decide on appropriate enforcement action if non-compliance persists

This section applies if the Commission considers that a non-compliance has not been rectified within 40 working days after the date of a non-compliance notice given under section 69I.
The Commission may, at any time, do all or any of the following:
direct Spark and Chorus to amend the sharing arrangement in order to rectify the non-compliance within 10 working days of the direction (an amendment direction):
apply for an injunction under section 69M in respect of the non-compliance or a failure to comply with an amendment direction:
seek a pecuniary penalty under Part 4A in respect of the non-compliance or a failure to comply with an amendment direction.

The Commission must give written notice of each decision to each party affected by the decision.

Notes

Section 69K: 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 69K(2)(a): amended, on 13 November 2018, by section 37(1) of the Telecommunications (New Regulatory Framework) Amendment Act 2018 (2018 No 48).