Telecommunications Act 2001

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

156CB: Enforcement of undertakings

You could also call this:

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

Illustration for Telecommunications Act 2001

If you break a promise you made to the Commission under section 156CA, they can take you to the High Court. The Court can make you follow the promise or pay money to the Crown. You might have to pay back money you gained from breaking the promise or a penalty decided by the Court, as stated in section 156L(3)(c).

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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=LMS134282.

Topics:

Money and consumer rights > Consumer protectionBusiness > Industry rulesBusiness > Fair trading

156CA: Commission may accept undertakings, or

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

156D: Civil infringement notice, or

"A warning notice you get if you break a telecommunications rule, telling you what to do next"

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

156CBEnforcement of undertakings

If the Commission considers that a person who has given an undertaking under section 156CA has, without reasonable excuse, breached a term of that undertaking, the Commission may apply to the High Court for an order under subsection (2).
The High Court may make any of the following orders if it is satisfied that the person has, without reasonable excuse, breached a term of the undertaking:
an order directing the person to comply with the term:
an order directing the person to pay to the Crown—
1. an amount not exceeding the amount of any financial benefit that the person has obtained directly or indirectly and that is reasonably attributable to the breach; or
2. any pecuniary penalty that the court determines to be appropriate (up to the maximum amount specified in section 156L(3)(c)):
any order that the court thinks appropriate directing the person to compensate any other person who has suffered loss or damage as a result of the breach:
an order for any consequential relief that the court thinks appropriate.

Section 156L(4) to (7) applies with any necessary modifications in respect of proceedings under this section.

Compare

1986 No 121 s 46B

Notes

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