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Telecommunications Act 2001

Enforcement - Enforcement of statutory and regulatory provisions - Additional remedies in relation to breach of Commission RSQ code

156MB: Other orders for breach of Commission code

You could also call this:

"Punishments for breaking the Commission's rules"

Illustration for Telecommunications Act 2001

The High Court can make orders if you break the Commission code. You might have to refund money or return property to someone else. You could also have to pay for any loss or damage you caused. The Court can order you to supply a service to someone else at your own expense. It can also declare a contract you made with someone else to be void. This means the contract is not valid. The Court can hear your case with other related cases. It can make these orders if the Commission applies for them and the Court is satisfied you broke the code, as stated in section 156A(1)(o) or (p). You can find more information about this in the Telecommunications Act.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS134671.

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Part 4AEnforcement
Enforcement of statutory and regulatory provisions: Additional remedies in relation to breach of Commission RSQ code

156MBOther orders for breach of Commission code

  1. The High Court may make 1 or more of the following orders if the High Court is satisfied, on the application of the Commission, that a person (person X) has committed a breach referred to in section 156A(1)(o) or (p):

  2. an order directing person X to refund money or return property to any other person:
    1. an order directing person X to pay to any other person the amount of any loss or damage caused to that other person by the conduct of person X:
      1. an order directing person X, at person X’s own expense, to supply a service to any other person:
        1. an order declaring all or part of a contract made between person X and any other person, or a collateral arrangement relating to such a contract,—
          1. to be void; and
            1. if the court thinks fit, to have been void at all times on and after a date specified in the order, which may be before the date on which the order is made:
            2. an order in respect of a contract made between person X and any other person, or a collateral arrangement relating to such a contract,—
              1. varying the contract or the arrangement in the manner specified in the order; and
                1. if the court thinks fit, declaring the varied contract or arrangement to have had effect on and after a date specified in the order, which may be before the date on which the order is made.

                2. The High Court may hear and determine an application under subsection (1) in conjunction with any other proceedings under this Part.

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                Notes
                • Section 156MB: inserted, on , by section 32 of the Telecommunications (New Regulatory Framework) Amendment Act 2018 (2018 No 48).