Telecommunications Act 2001

Consumer matters - Dispute resolution schemes

242: Determinations binding on scheme members and certain other parties

You could also call this:

"Decisions made by a dispute resolution scheme must be followed by all parties involved."

Illustration for Telecommunications Act 2001

If you have a dispute and it is referred to a dispute resolution scheme, a decision will be made. You must follow this decision if you are a scheme member, except if the District Court changes it under section 245(3). You cannot appeal against the decision. If you are not a scheme member, you must also follow the decision, unless you appeal against it under section 243 and the court changes or cancels the decision. The decision is binding on you, which means you have to follow it. This applies to all parties in the dispute. You should be aware that there are rules about how these decisions are made and what you can do if you disagree with them. The decision will be final, unless it is changed or cancelled by the court. This means you have to accept the decision and follow it, unless the court says otherwise.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS134659.


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241: Disputes may be referred to industry dispute resolution scheme, or

"Solving disputes with your phone or internet provider"


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243: Appeals against determinations, or

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Part 7Consumer matters
Dispute resolution schemes

242Determinations binding on scheme members and certain other parties

  1. This section applies if a dispute is referred to an industry dispute resolution scheme and a determination is made on the dispute under the rules of the scheme.

  2. The determination is binding on each party to the dispute who is a scheme member (except to the extent that it may be modified by the District Court under section 245(3)), and the scheme member has no right of appeal against the determination.

  3. The determination is binding on each party to the dispute who is not a scheme member, except if one of those parties lodges an appeal against the determination under section 243 and the court modifies or reverses the determination.

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Notes
  • Section 242: inserted, on , by section 36 of the Telecommunications (New Regulatory Framework) Amendment Act 2018 (2018 No 48).