Telecommunications Act 2001

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

69L: Application of pecuniary penalty provisions

You could also call this:

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

Illustration for Telecommunications Act 2001

If you are part of a sharing arrangement and you do not fix a problem without a good reason, you might get a fine. This can happen if the Commission decides to take action against you under section 69K(2)(c). The Commission can use sections 156L and 156M to give you a fine.

You can be fined if you do not follow the rules or if you do not make changes when you are told to. The fine can be up to $10 million and $500,000 for each day you do not follow the rules. You can find more information about the fines in sections 156L(3) and 156M.

If the Commission decides you have broken the rules, they can fine you according to sections 156L and 156M, which you can find by following the links to sections 156L and 156M.

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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=DLM4187641.

Topics:

Money and consumer rights > Consumer protectionBusiness > Industry rules

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

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

69M: Injunction may be granted by High Court, or

"The High Court can stop a company from doing something if they break the rules and don't fix the problem."

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

69LApplication of pecuniary penalty provisions

Sections 156L and 156M apply to a party to a sharing arrangement who, without reasonable excuse, fails to rectify a non-compliance, or fails to comply with an amendment direction, in respect of which the Commission decides to take enforcement action under section 69K(2)(c).
See sections 156L(3) and 156M for the maximum penalty of $10 million (and $500,000 per day) for breach of this section.

Notes

Section 69L: 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).