Telecommunications Act 2001

Fibre fixed line access services - Enforcement and miscellaneous provisions

216: Compensation for contravention of price-quality requirement

You could also call this:

"Getting paid back if someone breaks a price-quality rule and you're affected"

Illustration for Telecommunications Act 2001

If the High Court orders someone to pay a penalty under section 215 for breaking a price-quality rule, you might get compensation. You can get compensation if you have suffered, or will suffer, loss or damage because of the rule break. The court can order the person who broke the rule to pay you compensation. You can apply for compensation within one year of the penalty order. The court can make a decision about compensation even if you are not part of the court case.

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This page was last updated on 8 October 2025

View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS132035.

Topics:

Money and consumer rights > Consumer protection

215: Pecuniary penalty for contravening price-quality requirements, or

"Paying a penalty for not following price and quality rules for internet services"

217: Offence relating to price-quality regulation, or

"Breaking Price-Quality Rules for Internet Services is an Offence"

Part 6Fibre fixed line access services
Enforcement and miscellaneous provisions

216Compensation for contravention of price-quality requirement

If the High Court orders a person to pay a pecuniary penalty under section 215 in respect of the contravention of a price-quality requirement, the court may, in addition, order the person to pay compensation to any person who has suffered, or is likely to suffer, loss or damage as a result of the contravention (an aggrieved person).
An application for an order under this section may be made by the Commission or any aggrieved person.
The application must be made within 1 year of the date of the pecuniary penalty order.
The court may make an order under this section whether or not any aggrieved person is party to the proceedings.
In proceedings under this section, the court may make such orders as to cost as it thinks fit.

Compare

1986 No 5 s 87A

Notes

Section 216: inserted, on 13 November 2018, by section 24 of the Telecommunications (New Regulatory Framework) Amendment Act 2018 (2018 No 48).