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Telecommunications Act 2001
Enforcement
Enforcement of statutory and regulatory provisions
Enforceable undertakings in relation to Commission RSQ code or copper withdrawal code
156CA: Commission may accept undertakings

Part 1:
Preliminary

General

2Commencement 3Purpose 4Overview 5Interpretation 6Public notice 7Telecommunications access codes 7ATransitional, savings, and related provisions 8Act binds the Crown

Commerce Commission

Part 2:
Designated services and specified services

Preliminary

18Purpose 19Commission and Minister must consider purpose set out in section 18 and additional matters 19ACommission to have regard to economic policies of Government

Determinations for designated access services and specified services

Application

20Application 21When application must be treated as application for pricing review determination 22When application may not be made 22AEffect of application on existing agreement for supply of designated access service or specified service 23Requirements for application

Notification

24Commission must notify parties

Investigation

25Commission must decide whether to investigate

Consultation

26Consultation or conferences

Determination

27Preparation of determination 28When determination must be prepared 29Requirements for determination 30Matters to be included in determination

Standard terms determinations for designated access services and specified services

Preliminary

30AOverview of subpart 30BInterpretation

Standard terms development process

30CWhen standard terms development process may be initiated 30DCommission must give public notice if Commission initiates standard terms development process 30ECommission must conduct scoping workshop

Standard terms proposal

30FCall for standard terms proposal 30GRequirements for standard terms proposal 30HFailure to submit standard terms proposal 30IReceipt of standard terms proposal 30JRequirement for submissions

Draft standard terms determination

30KDraft standard terms determination 30LConsultation or conferences

Standard terms determination

30MStandard terms determination 30NCommission's discretion to determine how standard terms determination is to be prepared 30OMatters to be included in standard terms determination: general 30PAdditional matters to be included in standard terms determination for designated access service 30QStandard terms determination not to include expiry date 30RReview of standard terms determination

Application of standard terms determination

30SApplication of standard terms determination 30TEffect of standard terms determination on determination made under section 27

Residual terms determination

30UPurpose of residual terms determination 30VApplication for residual terms determination 30WWhen application may not be made 30XRequirements for application 30YCommission must notify parties 30ZCommission must decide whether to investigate 30ZAConsultation or conferences 30ZBPreparation of residual terms determination 30ZCRequirements for residual terms determination 30ZDMatters to be included in residual terms determination

Determinations for designated multinetwork services

Commission may initiate process for designated multinetwork service determination on own initiative

31AACommission may initiate process for designated multinetwork service determination on own initiative

Application

31Application 32When application may not be made 33Requirements for application

Notification

34Commission must notify parties

Investigation

35Commission must decide whether to investigate

Draft determination

36Draft determination 37Matters to be included in draft determination 38Consultation, conferences, or public hearing

Determination

39Determination 40Matters to be included in determination 41Determinations not invalid for certain failures

Pricing review determinations for designated access services

Application

42Application 43Requirements for application

Notification

44Commission's requirements on receiving application

Calculation of price

45Access provider to calculate price on request 46Offences

Draft determination

47Draft pricing review determination 48Requirements for draft determination 49Matters to be included in draft determination

Consultation

50Consultation or conferences

Determination

51Pricing review determination 52Matters to be included in determination

Supplementary provisions for all determinations

53Procedure for determinations 54Applicant may withdraw 55Commission's costs 56Parties' costs 57Enforcing directions given under section 55 or section 56(2)58Clarification of determination 59Reconsideration of determination 60Appeals from certain determinations under Part 2 61Enforcing determinations of Commission 62Expiry of determinations 63Application of Commerce Act 1986

Matters relating to regulation-making powers for designated services and specified services

64Mandatory review of local loop unbundling and access to, and interconnection with, Telecom's fixed PDN 65Expiry of designated services and specified services 66Alterations to Part 2 or Part 3 of Schedule 1 67Alterations to clauses 1 to 6 of Schedule 1 68Minister's recommendation subject to procedure in Schedule 3 68AApplication of Schedule 3A 69Regulations

Part 2AA:
Deregulating copper fixed line access services

Purpose

69AAPurpose

Deregulating copper fixed line access services

69ABSpecified fibre areas 69ACWithdrawal of copper fixed line access services 69ADWithdrawal of certain designated access services 69AEApplication of certain TSO instruments in specified fibre areas 69AFCopper withdrawal code

Price regulated copper services

69AGContinued application of certain standard terms determinations

Investigation

69AHSchedule 3 modified for investigation of certain copper services

Part 2A:
Structural separation of Telecom

Preliminary provisions

69APurpose of Part 69BInterpretation

Monitoring of shared assets, services, and systems

69CInterpretation 69DMeaning of arm's-length 69ERequirements for sharing arrangements 69FCommission must be notified of proposed and final sharing arrangements 69GObligation to collect and retain information for monitoring purposes 69HCommission's monitoring, investigation, and enforcement powers 69ICommission may give non-compliance notice 69JProcess for responding to non-compliance notice 69KCommission may decide on appropriate enforcement action if non-compliance persists 69LApplication of pecuniary penalty provisions 69MInjunction may be granted by High Court 69NMinister may grant exemption from application of subpart

Line of business restrictions

69ONo participation in supply of retail services 69PRegister of non-retail users 69QVariations to, and removals from, register 69RNo services above layer 2 69SNo end-to-end services 69SAExemptions from sections 69R and 69S 69SBOther provisions relating to exemptions 69TEnforcement of breaches of sections 69O and 69S 69UApplication of line of business restrictions to related parties of Chorus 69VInjunctions may be granted by High Court for certain contraventions

Undertakings by Chorus

69WPurposes of subpart 69XOverview 69XAInterpretation 69XBRequirements for undertakings by Chorus relating to supply of certain wholesale telecommunications services 69XCImplementation of Chorus undertakings 69XDChorus must publish Chorus undertakings 69XEVariation of Chorus undertakings 69XFTermination of Chorus undertakings 69XGEnforcement of Chorus undertakings

Miscellaneous

Public Works Act 1981

69XHApplication of Public Works Act 1981

Resource Management Act 1991 issues

69XIRequiring authority status under Resource Management Act 1991 69XJDesignations under Resource Management Act 1991

Restrictive covenants

69XKCertain restrictive covenants

Government Superannuation Fund Act 1956

69XLProtection of existing members of Government Superannuation Fund

Taxation consequences of structural separation

69XMInterpretation in this subpart 69XNPurpose 69XODepreciation 69XPTax effect of distribution of ChorusCo shares 69XQGoods and Services Tax Act 1985 69XRPrepayments 69XSExpenditure or loss incurred, and amounts derived 69XTBad debts 69XUUnpaid employment expenditure 69XVVesting of designated assets and liabilities 69XWRevenue account property 69XXLeased assets 69XYFinance leases: financial arrangements rules 69XZApproved issuer levy and administrative status

Part 2B:
Information disclosure requirements

69YPurpose 69ZParameters of Part 69ZAInterpretation 69ZBAccounting separation of Telecom 69ZCInformation disclosure by all access providers 69ZDMiscellaneous provisions relating to Commission's information disclosure requirements 69ZEPublication of Commission's information disclosure requirements 69ZFInformation to be supplied to Commission 69ZGCommission to publish summaries 69ZHReasonable charge may be imposed for providing copies of statements

Part 3:
Telecommunications service obligations

TSO instruments

70Declaration of TSO instruments 71Deemed TSO instrument 71ATSO instrument may specify total amount payable by the Crown 72New KSO does not alter or revoke constitution of Telecom 73When KSO part of original KSO ceases to have effect 74Compliance with TSO instrument 75Variation of TSO instrument 76When instrument ceases to be TSO instrument 77Notification of TSO instrument 78Application of Commerce Act 1986 79When 2 or more bodies corporate must be treated as 1 person

Amounts payable by liable persons to the Crown

Annual procedure for determining amounts payable by liable persons to the Crown

80Interpretation

Requirement to produce certain information

81Subpart does not apply to certain liable persons 81AApplication of subpart if non-liable person acquires assets of liable person 82Liable persons must produce information on qualified revenue

Net cost

83Liable persons must produce information for purposes of liability allocation determination 84Commission to prepare draft liability allocation determination

Amount of revenue received by liable persons in relation to TSO instrument

85Matters to be included in draft liability allocation determination 85ACertain revenue from broadcasting services must be excluded from qualified revenue

General provision relating to TSO cost allocation determination and TSO cost calculation determination

86Conferences on draft liability allocation determination

TSO cost allocation determination

87Commission to prepare final liability allocation determination 88Matters to be included in final liability allocation determination 89Payment by liable persons to the Crown

General matters

90Crown use of telecommunications development levy 91Commission must notify final liability allocation determination before notifying TSO cost calculation determination

TSO cost calculation determination

92Annual telecommunications development levy may be reduced by Order in Council

TSO charges payable by the Crown

Assessment of compliance

93Assessment of compliance with TSO instrument 93AMatters to be included in draft TSO cost calculation determination 93BConferences on draft TSO cost calculation determination 93CCommission to prepare final TSO cost calculation determination 93DRequirements for final TSO cost calculation determination 93EMatters to be included in final TSO cost calculation determination

Calculation of amount payable by liable person

93FCalculation of amount payable by liable person

TSO provider may request TSO cost calculation determination

94TSO provider under TSO instrument without specified amount may request TSO cost calculation determination

Calculation of amount payable by TSO provider

94ATSO provider who requests TSO cost calculation determination liable for costs in certain circumstances 94BWithdrawal of request for TSO cost calculation determination 94CTSO charges deemed to be zero if TSO provider does not request TSO cost calculation determination

Annual procedure for determining TSO charges payable by the Crown

94DCalculations of net cost and auditor's report must be given to Commission 94EConsiderations for determining net cost 94EACalculations of net revenue and auditor's report must be given to Commission 94EBConsiderations for determining net revenue 94FCommission to prepare draft TSO cost calculation determination 94GMatters to be included in draft TSO cost calculation determination 94HRequirements for draft TSO cost calculation determination 94IConferences on draft TSO cost calculation determination 94JCommission to prepare final TSO cost calculation determination 94KMatters to be included in final TSO cost calculation determination 94LPayment by the Crown to TSO provider

Remedies and miscellaneous

Remedies

95Application of sections 96 to 98 to TSO instruments that are company constitutions 96Power of court to grant relief in respect of TSO instrument 97Court must take public interest into account 98Certain matters not to prevent making of order under section 96 99Amounts identifying particular TSOs in invoices not permitted

Miscellaneous

100Right of appeal to High Court 100AProcedure for determinations 100BCommission must include information about deemed TSO instrument in TSO cost calculation determinations 100BACommission must include information about spending of TSO charges paid in relation to deemed TSO instrument 100CDuties of Commission in complying with sections 100B and 100BA 101Regulations 101AReview of local service TSO arrangements

Part 4:
Networks

Network operators and networks generally

Declarations of network operator status

102Persons declared to be network operators 103Ministerial requirements for declaration 104When declaration must be revoked 105Declaration made or revoked by notice

Connection to network

106Operator must agree to connection to network 107When operator must not agree to connection to network 108When operator must not refuse to agree to connection to network 109Regulations 110Actions for damages for contravention of section 106 111Injunctions may be granted by High Court for contravention of section 106

Information requirement

111AInformation about interconnection arrangements

Misuse of network

112Misuse of telephone device 113Indecent telephone calls for pecuniary gain 114Interception of telecommunications for authorised purposes 115Offence to use or disclose certain information for unauthorised purposes

Evidence

116Computer records

Maintenance of networks

Preliminary

117Meaning of maintenance 118Meaning of evidence of authority 118ANotices under this subpart 119Criteria for setting reasonable conditions

Rights of entry to land in respect of lines

120Application to District Court 121Court order 122Contents of court order 123Service of order 124Production of order

Rights of entry to land in respect of existing works and existing lines

125Rights of entry to land 126Conditions of entry to land 127Evidentiary presumption

Interference with lines

128Request for removal or trimming of trees 129Application to District Court 130Court order 131Costs of removal or trimming of trees 132Removal of trees, etc, in emergency 133Production of authority 134Costs of removal of trees, etc, in emergency

Lines or wireless works on roads

135Construction or repair of lines or wireless works on roads 136Notice requirement 137Network operator to be notified of conditions 138Failure to notify conditions 139Urgency 140Offence to not comply with any of sections 135, 136, and 139 141Appeals by network operators to District Court

Telephone cabinets, etc, on roads

142Construction, etc, of telephone cabinets or other similar appliances 143Network operator to be notified of conditions 144Failure to notify conditions 145Urgency 146Offence not to comply with section 142 or section 145 147Appeals by network operators to District Court

Local authority, etc, requiring work to be done

147ALocal authority, etc, may require lines, etc, to be moved 147BCost of work required under section 147A 147CRelationship with section 54 of Government Roading Powers Act 1989

Miscellaneous

148Alteration to line or wireless works on road requested by owner 149Lines must not interfere with public traffic 150Lines over navigable waters 151Network operator must avoid interference with traffic 152Offence to contravene any of sections 149 to 151 153Charging for access to road reserve 154Compensation 155Protection of existing works

Access to property, involving rights of multiple parties, to deploy fibre optic media and other technology

Preliminary

155APurpose 155BOverview

Statutory right of access to multi-unit complexes

155CStatus of examples 155DInterpretation 155EReferences to fibre optic media, etc, include other prescribed technology

Process

155FRelationship with other statutory rights of access 155GNotices under this subpart

Nature and application of statutory rights of access under subpart

155HHow long statutory rights of access apply for 155INature of statutory rights of access

Code

155JGeneral preconditions for statutory rights of access to apply

Particular preconditions for category 1 and category 2 installations (in properties other than body corporate administered properties)

155KParticular preconditions before exercising statutory right of access to carry out category 1 installation

Consumer complaints system

155LParticular preconditions before exercising statutory right of access to carry out category 2 installation 155MRequirements in respect of preliminary notice and design plan for category 2 installations

Objections to exercise of statutory right of access to carry out category 2 installations

155NGrounds and time for objecting to exercise of statutory right of access to carry out category 2 installation 155OEffect of objection to exercise of statutory right of access for category 2 installation 155PDeemed consent to category 2 installation

Statutory rights of access to body corporate administered properties

155QStatutory right of access to common areas of body corporate administered properties for designing installations 155RParticular preconditions before exercising statutory right of access to body corporate administered property for carrying out category 1 and 2 installations 155SRequirements in respect of preliminary notice and design plan given to body corporate 155TGrounds and time for body corporate objecting to statutory right of access to carry out category 1 or category 2 installation 155UFTTP service provider or network operator may extend time for body corporate objections 155VEffect of body corporate objections 155WRequirement for governing bodies to give unit owners reasons for objections 155XDeemed consent of body corporate to category 1 or category 2 installation

Exercising statutory rights of access for category 1 and category 2 installations

155YApplication of sections 155Z to 155ZB 155ZHow statutory rights of access must be exercised 155ZARestrictions on use of access areas during installations, reinstatements, etc 155ZBObligation to reinstate property

Non-prescribed installations

155ZCNon-prescribed installations

Ongoing rights of access to installed fibre infrastructure

155ZDOngoing rights of access 155ZEConditions of ongoing rights

Protection of interests in installations

155ZFProtection of interests in installations

Dispute resolution process

155ZGDispute resolution scheme 155ZHFTTP service providers and network operators exercising statutory access rights must be members of dispute resolution scheme 155ZIDisputes may be referred to dispute resolution scheme 155ZJDeterminations binding on members and certain other parties 155ZKAppeals against determinations 155ZLProcedure on appeal 155ZMCompliance with rules, binding settlements, and determinations 155ZNLevy for regulated dispute resolution scheme

Regulations and exemption

155ZORegulations 155ZPExemption from body corporate duties of repair and maintenance 155ZQRelationship to other enactments 156Notices to be in writing

Right of access to use existing electricity works for telecommunications and deploying fibre optic cable

155ZRPurposes 155ZSInterpretation 155ZTRight for owners of existing works to enter land and carry out fibre optic works 155ZUFibre optic connections that owners of existing works must provide to landowners

Third party use of existing works

155ZVThird party use of existing works for carrying out fibre optic works 155ZWThird party request to use existing works for carrying out fibre optic works 155ZXOwner of existing works must consider request 155ZYRequirements on owner of existing works if request refused 155ZZMinister may intervene

Arrangements for third party to use existing works

155ZZAConditions of right under section 155ZV

Rights and obligations concerning exercise of rights

155ZZBPowers and duties of owners of existing works and landowners 155ZZCCompensation for damage, etc

Open access obligations

155ZZDServices provided using rights under subpart 155ZZEPower to grant relief in respect of breach of open access obligations 155ZZFUndertaking under Part 4AA overrides open access obligations under subpart 155ZZGRight of entry does not affect existing works owner’s rights and obligations under Electricity Act 1992 155ZZHRegulations

Part 4AA:
Services provided using networks developed with Crown funding: Undertakings regime and Commerce Act 1986 authorisations

Preliminary provisions

156AAOverview 156ABInterpretation

Undertakings relating to networks developed with Crown funding as part of UFB initiative

156ACPurposes

Requirements for undertakings

156ADMain requirements for undertakings 156AEMinister may determine further requirements for undertakings 156AFMinister must issue and consult on draft determination 156AGProcedural requirements for determination

Process for submission and consideration of undertakings

156AHLFC must submit undertaking for approval by Minister 156AIMinister may approve or decline undertaking

Implementation of undertakings

156AJImplementation of undertaking 156AKLFC must publish undertaking

Variation and termination of undertakings

156ALVariation of undertaking 156AMProcedure for variation of undertaking 156ANClarification of undertaking 156ANAAmendment or consolidation of undertaking 156AOTermination of undertaking

Effect of undertakings in relation to unbundling of certain services

156APCommission may not recommend or investigate unbundling of point-to-multipoint layer 1 services

Enforcement of undertakings

156AQEnforcement and remedies under Part 4A 156ARPower of court to grant relief in respect of undertakings 156ASInterrelationship of remedies

Information disclosure by LFCs with undertakings

156ATPurpose 156AUCommission must require disclosure by LFCs 156AVFurther powers of Commission relating to information disclosure 156AWCommission may publish reports, etc, on information collected

Undertakings relating to networks developed with Crown funding as part of Rural Broadband Initiative

156AXInterpretation of this subpart 156AYRequirements for undertakings under this subpart 156AZApplication of provisions in subpart 1

Commerce Act 1986 authorisations in respect of Rural Broadband Initiative

156AZARestrictive trade practices authorisations in respect of Telecom and Vodafone participation in Rural Broadband Initiative

Commerce Act 1986 authorisations in respect of Ultra-fast Broadband Initiative

156AZBInterpretation for this subpart 156AZCRestrictive trade practices authorisations in respect of participation in Ultra-fast Broadband Initiative 156AZDBusiness acquisition authorisations in respect of participation in Ultra-fast Broadband Initiative

Commerce Act 1986 authorisations in respect of Rural Broadband Initiative 2 and Mobile Black Spot Fund

156AZEInterpretation for this subpart 156AZFRestrictive trade practices authorisations in respect of transactional arrangements for RBI2 and MBSF

Part 4A:
Enforcement

Enforcement of statutory and regulatory provisions

Preliminary

156AApplication of section 156B 156BEnforcement actions that Commission may take 156BAEnforcement actions that end-user may take 156CMatters that Commission must take into account in deciding what enforcement action to take

Enforceable undertakings in relation to Commission RSQ code or copper withdrawal code

156CACommission may accept undertakings 156CBEnforcement of undertakings

Civil infringement notice

156DCivil infringement notice 156EObjection to civil infringement notice 156FCommission must consider objection 156GEffect of withdrawal of civil infringement notice 156HConsequence of not paying pecuniary penalty specified in civil infringement notice 156IRight to appeal 156JDecision on appeal 156KCommission may publish information about issue of civil infringement notice

Pecuniary penalty

156LPecuniary penalty 156MFurther penalty may be imposed for continuing breach

Additional remedies in relation to breach of Commission RSQ code

156MAOrder to disclose information or publish advertisement 156MBOther orders for breach of Commission code

Additional remedies in relation to breach of copper withdrawal code

156MCOther orders for breach of copper withdrawal code 156MDInjunctions for breach of copper withdrawal code

Enforcement of determinations, approved codes, and undertakings

156NInterpretation 156OComplaints of breach of enforceable matter 156PEnforcement by High Court 156QRemedies for breach of enforceable matter 156RLimit on amount of pecuniary penalty

Part 5:
Miscellaneous

157AAMinister must review regulatory framework 157Regulations 158Enactments amended 159Certain provisions in 1987 Act repealed 160Transitional provision for declarations made under section 2A of 1987 Act 161Transitional provision relating to repeal of section 5C of 1987 Act

Part 6:
Fibre fixed line access services

General

162Purpose 163Overview 164Interpretation 165Meaning and application of claw-back 166Matters to be considered by Commission and Minister

Regulating fibre fixed line access services

167Regulation of fibre fixed line access services 168Information disclosure regulation 169Price-quality regulation 170Determinations by Commission under this section 171Determinations must reflect actual costs of Crown financing 172When Commission must make initial section 170 determinations 173Amendment of section 170 determination

Input methodologies

174Purpose of input methodologies 175How input methodologies apply 176Matters covered by input methodologies 177Initial value of fibre assets 178When input methodologies must be determined 179Commission process for determining input methodologies 180Status of input methodologies, amendments, and revocations 181Changes to input methodologies 182Review and date of publication of input methodologies

Appeals against input methodology determinations

183Appeals against input methodology determinations 184Process for appeals 185Input methodology applies pending outcome of appeal

Information disclosure regulation

186Purpose of information disclosure regulation 187Effect of being subject to information disclosure regulation 188Section 170 determination to set out information disclosure requirements 189Consolidated information may also be required 190Charge for providing copies to public 191Limited exception to obligation to apply input methodologies

Price-quality regulation

192Purpose of price-quality regulation 193Effect of being subject to price-quality regulation 194Section 170 determination to set out price-quality path requirements 195Maximum revenues specified in initial price-quality paths 196Wash-up mechanism for maximum revenues specified in initial price-quality paths 197Smoothing revenues and prices 198Anchor services 199Direct fibre access services 200Unbundled fibre services 201Geographically consistent pricing 202Exceptions from section 201 for trials 203Making new section 170 determination 204What happens to price-quality path if input methodologies change 205Application of Commerce Act 1986 206Modification of undertakings under section 156AD

Regulatory periods

207Regulatory periods

Reviews

208Anchor services review 209Price-quality review 210Deregulation review 211Application of Schedule 3

Enforcement and miscellaneous provisions

212Pecuniary penalty for contravening information disclosure requirement 213Order requiring information disclosure requirement to be complied with 214Offences relating to information disclosure regulation 215Pecuniary penalty for contravening price-quality requirements 216Compensation for contravention of price-quality requirement 217Offence relating to price-quality regulation 218Injunction and other orders relating to price-quality regulation 219Proceedings for pecuniary penalties 220Evidence not otherwise admissible 221Powers of Commission under this Part 222Power to exempt disclosure of commercially sensitive information 223Material may be incorporated by reference

Appeals from Commission determinations

224Appeals in relation to Commission determinations

Orders and regulations

225Order for reset date 226Persons subject to regulation under Part 6 227Anchor services 228Direct fibre access services 229Unbundled fibre services 230Regulations under sections 228 and 229 may modify undertaking under section 156AD 231Specified points of interconnection

Part 7:
Consumer matters

232Interpretation

Retail service quality codes

233Purpose of retail service quality code 234Commission may issue guidelines 235Commission review of industry retail service quality codes 236Commission retail service quality code 237Contents of Commission retail service quality code

Commission 111 contact code

238Commission 111 contact code

Process for making Commission codes

239Process for making or amending Commission code

Dispute resolution schemes

240Dispute resolution scheme 241Disputes may be referred to industry dispute resolution scheme 242Determinations binding on scheme members and certain other parties 243Appeals against determinations 244Procedure on appeal 245Compliance with rules, binding settlements, and determinations

Commission review of industry dispute resolution schemes

246Commission review of industry dispute resolution schemes 247Purpose of dispute resolution scheme 248Purpose of dispute resolution provider 249Interrelationship of remedies

Schedule 1AA:
Transitional, savings, and related matters

Schedule 1:
Designated services and specified services

Schedule 2:
Telecommunications access codes

Schedule 2A:
Copper withdrawal code

Schedule 3:
Procedure for altering regulated services

Schedule 3A:
Undertakings

Schedule 3B:
Annual telecommunications development levy

Schedule 3C:
Dispute resolution scheme

Schedule 4:
Enactments amended

Telecommunications Act 2001

Enforcement - Enforcement of statutory and regulatory provisions - Enforceable undertakings in relation to Commission RSQ code or copper withdrawal code

156CA: Commission may accept undertakings

You could also call this:

"The Commission can accept a promise from you to follow the rules."

Illustration for Telecommunications Act 2001

The Commission can accept a written promise from you or someone acting for you. This promise is about something to do with the Commission RSQ code or the copper withdrawal code. You can change or take back your promise if the Commission agrees.

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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=LMS134281.

Topics:

Business > Industry rulesMoney and consumer rights > Consumer protection

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

"What the Commission thinks about when deciding what to do with someone who breaks the rules."

156CB: Enforcement of undertakings, or

"What happens if you break a promise to the Commission?"

Part 4AEnforcement
Enforcement of statutory and regulatory provisions: Enforceable undertakings in relation to Commission RSQ code or copper withdrawal code

156CACommission may accept undertakings

The Commission may accept a written undertaking given by, or on behalf of, a person in connection with any matter relating to the enforcement of a Commission RSQ code or the copper withdrawal code.
The person may withdraw or vary the undertaking with the consent of the Commission.

Compare

1986 No 121 s 46A

Notes

Section 156CA: inserted, on 13 November 2018, by section 31 of the Telecommunications (New Regulatory Framework) Amendment Act 2018 (2018 No 48).