Telecommunications Act 2001

Networks - Access to property, involving rights of multiple parties, to deploy fibre optic media and other technology - Dispute resolution process

155ZJ: Determinations binding on members and certain other parties

You could also call this:

"You must follow the decision made about a dispute, unless a court changes it."

Illustration for Telecommunications Act 2001

If you are in a dispute and it is referred to the dispute resolution scheme, a decision will be made about the dispute. You have to follow this decision if you are a member of the scheme, unless the District Court changes it under section 155ZM(3). You cannot appeal against the decision.

If you are not a member of the dispute resolution scheme, you also have to follow the decision, unless you appeal against it under section 155ZK and the court changes or cancels the decision. The court's decision will then be what you have to follow. You must do what the court says.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM7314769.


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Part 4Networks
Access to property, involving rights of multiple parties, to deploy fibre optic media and other technology: Dispute resolution process

155ZJDeterminations binding on members and certain other parties

  1. This section applies if a dispute is referred to the dispute resolution scheme and a determination is made on the dispute under the rules of the scheme.

  2. The determination is binding on each party to the dispute that is a member of the dispute resolution scheme (except to the extent that it may be modified by the District Court under section 155ZM(3)), and the scheme member has no right of appeal against the determination.

  3. The determination is binding on each party to the dispute who is not a member of the dispute resolution scheme, except if one of those parties lodges an appeal against the determination under section 155ZK and the court modifies or reverses the determination.

Notes
  • Section 155ZJ: inserted, on , by section 13 of the Telecommunications (Property Access and Other Matters) Amendment Act 2017 (2017 No 16).