Telecommunications Act 2001

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

156MD: Injunctions for breach of copper withdrawal code

You could also call this:

"Stopping someone who 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 court can stop them from doing it again if the Commission or an end-user asks. You can find more information about this in section 156A(1)(q). The High Court can hear this case with other related cases. The court can make a decision about stopping the person from breaking the code. This is like other court cases. The court uses rules from the Commerce Act 1986, specifically sections 88 and 88A, to make decisions about stopping the person from breaking the code.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS134674.


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

156MDInjunctions for breach of copper withdrawal code

  1. 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), the court may grant an injunction restraining the person from engaging in conduct that constitutes or would constitute a breach of the copper withdrawal code.

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

  3. Sections 88 and 88A of the Commerce Act 1986 apply with any necessary modifications in relation to an injunction granted under this section.

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