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Telecommunications Act 2001

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

155ZM: Compliance with rules, binding settlements, and determinations

You could also call this:

"Following the Rules and Agreements in Telecommunications Disputes"

Illustration for Telecommunications Act 2001

You must follow the rules of the dispute resolution scheme. The District Court can make you comply with the rules or a binding settlement. You can be made to pay money if you do not comply with a binding settlement. You have to comply with the terms of a binding settlement or determination. The District Court can change the terms if they are unreasonable. The court's order can be enforced like a judgment. If you were a member of the dispute resolution scheme, you are still bound by the rules. This applies even if you are no longer a member when the court makes an order. The court's order can be enforced if you have to pay money to someone.

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This page was last updated on

View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM7314772.

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"Telecom companies must pay a yearly fee to help resolve disputes with customers."

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

155ZMCompliance with rules, binding settlements, and determinations

  1. Members of the dispute resolution scheme and each party to a dispute that is referred to the scheme must comply with the rules of the scheme.

  2. On the application of the person responsible for the dispute resolution scheme, the District Court may require a member of the dispute resolution scheme or other person who is a party to a dispute to—

  3. comply with the rules of the scheme:
    1. comply with the terms of a binding settlement or determination made under the rules of the scheme.

      1. If the District Court is satisfied that the terms of a binding settlement or determination are manifestly unreasonable, the court's order under subsection (2)(b) may modify the terms of the binding settlement or determination, but only to the extent that the modification results in a binding settlement or determination that could have been made under the dispute resolution scheme.

      2. If an order requiring a member to comply with a binding settlement includes a requirement that the member pay an amount of money to a person, that order (or part of the order) may be enforced as if it were a judgment by the District Court for the payment of a sum of money.

      3. A reference in this section to a member includes a reference to a person who was a member of the dispute resolution scheme at the relevant time but is no longer a member at the time of the application or order.

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