Telecommunications (Interception Capability and Security) Act 2013

Registration, enforcement, and miscellaneous provisions - Miscellaneous provisions - Costs

117: Dispute about costs must be referred to mediation or arbitration

You could also call this:

"Sorting out cost disagreements with network operators through mediation or arbitration"

Illustration for Telecommunications (Interception Capability and Security) Act 2013

You have a dispute with a network operator or service provider about costs. This is under section 115 of the Telecommunications Act, which is about costs for doing a certain duty under section 24. You must try to resolve the dispute by agreement. If you cannot agree, the dispute must be referred to mediation or arbitration. Mediation is where a neutral person helps you reach an agreement. If mediation does not work, the dispute goes to arbitration. If the dispute goes to arbitration, the Arbitration Act 1996 applies. This Act has rules for how arbitration works. You can find the Arbitration Act 1996 on the New Zealand legislation website https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM403276

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM5178185.


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116: Surveillance agency not required to pay costs, or

"Surveillance agencies don't have to pay extra costs if network operators don't follow the rules"


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"You are protected by law if you try to do the right thing when doing your job."

Part 4Registration, enforcement, and miscellaneous provisions
Miscellaneous provisions: Costs

117Dispute about costs must be referred to mediation or arbitration

  1. This section applies to any dispute between a surveillance agency and a network operator or a service provider about the reasonableness of the costs under section 115 that are incurred, or are claimed to have been incurred, in the performance of the duty under section 24.

  2. If a dispute to which this section applies is unable to be resolved by agreement between the parties, the dispute must be referred to—

  3. mediation; or
    1. if the parties are unable to resolve the dispute at mediation, arbitration.
      1. If a dispute is referred to arbitration under subsection (2)(b), the provisions of the Arbitration Act 1996 apply to that dispute.