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Telecommunications Act 2001

Enforcement - Enforcement of statutory and regulatory provisions - Preliminary

156BA: Enforcement actions that end-user may take

You could also call this:

"What you can do if someone breaks the telecommunications rules and how you can take action against them."

Illustration for Telecommunications Act 2001

If someone breaks a rule mentioned in section 156A(1)(q), you can take action against them if you are an end-user, as described in clause 1 of Schedule 2A. You can apply to the High Court for an order under section 156MC or section 156MD. You can do this whether or not the Commission has already taken action against the person who broke the rule under section 156B. You have the right to take this action as an end-user.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS134264.

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156B: Enforcement actions that Commission may take, or

"What happens if you break the telecommunications rules: the Commission's enforcement actions"

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156C: Matters that Commission must take into account in deciding what enforcement action to take, or

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Part 4AEnforcement
Enforcement of statutory and regulatory provisions: Preliminary

156BAEnforcement actions that end-user may take

  1. If a person commits a breach referred to in section 156A(1)(q), an end-user (as referred to in clause 1 of Schedule 2A) may take 1 or both of the following actions against the person:

  2. apply to the High Court for an order under section 156MC:
    1. apply to the High Court for an order under section 156MD.

      1. An end-user may take the action referred to in subsection (1) whether or not the Commission has taken action against the person under section 156B in respect of the breach.

      Notes
      • Section 156BA: inserted, on , by section 30 of the Telecommunications (New Regulatory Framework) Amendment Act 2018 (2018 No 48).