Telecommunications (Interception Capability and Security) Act 2013

Registration, enforcement, and miscellaneous provisions - Enforcement - Pecuniary penalty orders

99: Considerations for court in determining pecuniary penalty

You could also call this:

"What the court thinks about when deciding a fine"

Illustration for Telecommunications (Interception Capability and Security) Act 2013

When you are in court and a judge is deciding a pecuniary penalty, they must think about all the relevant things. They consider the purposes of the Telecommunications Act and what happened when someone broke the rules. They also think about if someone was hurt or lost money because of what happened. They look at how the rule was broken and the situation it happened in. They check if the person who broke the rule has done something similar before. The judge uses all this information to decide the penalty. The judge's decision is based on what is fair and right for the situation. You can find more information about this in the Telecommunications Act. The court uses this information to make a decision about the penalty.

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This page was last updated on 26 November 2025

View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM5178171.

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Crime and justice > Courts and legal helpMoney and consumer rights > Consumer protection

98: Amount of pecuniary penalty, or

"How much money you might have to pay if you break the law"

100: Rules of civil procedure and civil standard of proof apply, or

"Court rules for other cases also apply to telecommunications court cases"

Part 4Registration, enforcement, and miscellaneous provisions
Enforcement: Pecuniary penalty orders

99Considerations for court in determining pecuniary penalty

In determining an appropriate pecuniary penalty, the High Court must have regard to all relevant matters, including—
the purposes of this Act; and
the nature and extent of the contravention; and
the nature and extent of any loss or damage suffered by any person, or gains made or losses avoided by the person in contravention, because of the contravention; and
the circumstances in which the contravention took place; and
whether or not the person in contravention has previously been found by the court in proceedings under this Act, or any other enactment, to have engaged in any similar conduct.