Plain language law

New Zealand law explained for everyone

Telecommunications Act 2001

Fibre fixed line access services - Enforcement and miscellaneous provisions

212: Pecuniary penalty for contravening information disclosure requirement

You could also call this:

"Paying a fine for not sharing information correctly"

Illustration for Telecommunications Act 2001

If you break the rules about sharing information, you might have to pay a fine. The High Court can order you to pay this fine if you have done something wrong, like not sharing information or sharing false information, as defined in section 164(1). You can also get in trouble if you try to break the rules or help someone else break them. If you do something wrong, the court will decide how much you have to pay. The court will think about what you did, why you did it, and if you have done something similar before. You might have to pay up to $500,000 if you are an individual, or up to $5,000,000 if you are a company. You can only get one fine for the same mistake. The court can start a case against you at any time within three years of you doing something wrong.

This text is automatically generated. It might be out of date or be missing some parts. Find out more about how we do this.

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=LMS132029.

Topics:
Money and consumer rights > Consumer protectionBusiness > Industry rules
Previous

211: Application of Schedule 3, or

"Rules for investigating fibre internet services"

Next

213: Order requiring information disclosure requirement to be complied with, or

"High Court can order providers to share required information by a certain date"

Part 6Fibre fixed line access services
Enforcement and miscellaneous provisions

212Pecuniary penalty for contravening information disclosure requirement

  1. The High Court may, on application by the Commission, order any person to pay a pecuniary penalty to the Crown if the court is satisfied that the person—

  2. has contravened any information disclosure requirement (as defined in section 164(1)); or
    1. has attempted to contravene any such requirement; or
      1. has aided, abetted, counselled, or procured any other person to contravene any such requirement; or
        1. has induced, or attempted to induce, any other person, whether by threats or promises or otherwise, to contravene any such requirement; or
          1. has been in any way, directly or indirectly, knowingly concerned in, or party to, the contravention by any other person of any such requirement; or
            1. has conspired with any other person to contravene any such requirement.

              1. In subsection (1) and section 214, a reference to contravening an information disclosure requirement includes all or any of the following:

              2. failing to disclose information required to be disclosed:
                1. failing to disclose information in the form or within the time required:
                  1. disclosing information that is false or misleading under an information disclosure requirement.

                    1. The amount of pecuniary penalty must not, in respect of each act or omission, exceed $500,000 in the case of an individual, or $5,000,000 in the case of a body corporate.

                    2. In determining the amount of pecuniary penalty, the court must have regard to all relevant matters, including—

                    3. the nature and extent of the contravention; and
                      1. the circumstances in which the contravention took place (including whether the contravention was intentional, inadvertent, or caused by negligence); and
                        1. whether the person has previously been found by the court in proceedings under this Part to have engaged in similar conduct.

                          1. A regulated fibre service provider may not be liable to more than 1 pecuniary penalty in respect of the same conduct.

                          2. Proceedings under this section may be commenced at any time within 3 years after the contravention occurred.

                          Compare
                          Notes
                          • Section 212: inserted, on , by section 24 of the Telecommunications (New Regulatory Framework) Amendment Act 2018 (2018 No 48).