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Telecommunications Act 2001

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

69M: Injunction may be granted by High Court

You could also call this:

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

Illustration for Telecommunications Act 2001

If you do not follow the rules, the High Court can step in. The court can stop Spark and Chorus from doing something if they have not fixed a problem within 40 working days. This happens when the Commission asks the court to get involved, and the court is satisfied that Spark and Chorus have not fixed the problem after getting a notice under section 69I. The High Court can also make Spark and Chorus follow a direction given by the Commission under section 69K(2)(a) if they have not already done so. You need to know that the Commission can ask for more information during a court case, and the court can change its decisions at any time.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM4187642.

Topics:
Money and consumer rights > Consumer protectionBusiness > Industry rules
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Part 2AStructural separation of Telecom
Monitoring of shared assets, services, and systems

69MInjunction may be granted by High Court

  1. If the High Court is satisfied that a non-compliance has not been rectified within 40 working days after the date of a non-compliance notice under section 69I, the court may, on the application of the Commission, grant an injunction restraining Spark and Chorus from further performing the sharing arrangement or engaging in any conduct for the purpose of giving effect to that arrangement.

  2. If the High Court is satisfied that there has been a failure to comply with a direction of the Commission given under section 69K(2)(a), the court may, on the application of the Commission, grant an injunction requiring Spark and Chorus to comply with the direction of the Commission.

  3. In any proceeding under this section, the Commission, on the order of the court, may obtain discovery and administer interrogatories.

  4. The court may at any time rescind or vary an order made under this section.

Notes
  • Section 69M: 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).
  • Section 69M(1): amended, on , by section 37(1) of the Telecommunications (New Regulatory Framework) Amendment Act 2018 (2018 No 48).
  • Section 69M(2): amended, on , by section 37(1) of the Telecommunications (New Regulatory Framework) Amendment Act 2018 (2018 No 48).