Telecommunications Act 2001

Fibre fixed line access services - Appeals from Commission determinations

224: Appeals in relation to Commission determinations

You could also call this:

"Challenging a Commission decision about internet access in court"

Illustration for Telecommunications Act 2001

You can appeal to the High Court if you disagree with a decision made by the Commission about fibre fixed line access services. You must appeal within 20 working days of the decision being made. The Court will look at your appeal and make a decision. You cannot appeal against some decisions, such as those about information disclosure regulation or input methodology. If you want to appeal, you must follow the rules set out in the Commerce Act 1986, which includes sections 77 and 93 to 97. The Court will consider your appeal and make a decision based on the law. If the Commission makes a recommendation to the Minister, you cannot appeal against this recommendation. You can only appeal against a decision made by the Commission, not against a recommendation. The High Court will hear your appeal and make a decision.

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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=LMS132045.

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223: Material may be incorporated by reference, or

"The law allows rules to include information from other sources."

225: Order for reset date, or

"The Governor-General can set a new date for parts of the law, with the Minister's approval."

Part 6Fibre fixed line access services
Appeals from Commission determinations

224Appeals in relation to Commission determinations

A regulated fibre service provider or any other person may appeal to the High Court under this subsection against any determination of the Commission under this Part, other than the following:
a section 170 determination, or any part of a section 170 determination, that sets out how information disclosure regulation applies to a regulated fibre service provider:
an input methodology determination under subpart 3 (for which a separate appeal right is given under that subpart).

An appeal against a section 170 determination under subsection (1) may not include an appeal against all or part of an input methodology, whether on a point of law or any other ground.
A person may appeal to the High Court under this subsection on a question of law against any determination of the Commission under this Part (including a determination referred to in subsection (1)), except if the person has appealed, or is able to appeal, on the question of law against the determination under section 183.
An appeal under this section must be made by giving notice of appeal within 20 working days after the date of the determination appealed against or within such further time as the court may allow.
Sections 77 and 93 to 97 of the Commerce Act 1986 apply with any necessary modifications in respect of an appeal under this section.
To avoid doubt, a recommendation to the Minister by the Commission is not a determination for the purposes of this section.

Compare

1986 No 5 s 91

Notes

Section 224: inserted, on 13 November 2018, by section 24 of the Telecommunications (New Regulatory Framework) Amendment Act 2018 (2018 No 48).