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Telecommunications Act 2001

Enforcement - Enforcement of statutory and regulatory provisions - Additional remedies in relation to breach of copper withdrawal code

156MC: Other orders for breach of copper withdrawal code

You could also call this:

"What happens if someone breaks the copper withdrawal code?"

Illustration for Telecommunications Act 2001

You can go to the High Court if someone breaks the copper withdrawal code. The High Court can make them pay you for any loss or damage they caused you. The High Court can also make them supply a service to you at their own expense. You can make this application to the High Court on its own or with other proceedings. The High Court must consider any restrictions that apply under subpart 3 of Part 2A when making an order. This means the order must not go against those restrictions. The High Court can make these orders if you or the Commission apply, and the Court is satisfied someone has broken the code as stated in section 156A(1)(q).

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS134673.

Topics:
Money and consumer rights > Consumer protectionBusiness > Industry rules
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156MD: Injunctions for breach of copper withdrawal code, or

"Stopping someone who breaks the copper withdrawal code"

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

156MCOther orders for breach of copper withdrawal code

  1. The High Court may make 1 or both of the following orders if the High Court is satisfied, on the application of the Commission or an end-user, that a person has committed a breach referred to in section 156A(1)(q):

  2. an order directing the person to pay to an end-user the amount of any loss or damage caused to the end-user by the conduct of the person:
    1. an order directing the person, at the person’s own expense, to supply a service to an end-user.

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

      2. An order under subsection (1)(b) must not be inconsistent with a restriction that applies under subpart 3 of Part 2A.

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