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Commerce Act 1986

Consumer protection in relation to water services - Other measures relating to protecting consumers of water services - Additional remedies in relation to failure to comply with Commission service quality code

57ZS: General order for failure to comply with Commission service quality code

You could also call this:

"What happens if you break the Commission's service quality rules"

Illustration for Commerce Act 1986

If you do not follow the rules set by the Commission service quality code, a court can make some orders against you. The court can tell you to give money back to someone or return something that belongs to them. The court can also tell you to pay for any damage you caused to someone else. You might have to provide a service to someone at your own cost.

The court can even say that a contract you made with someone is not valid, or it can change the terms of the contract. If the court thinks it is fair, it can say that the contract was never valid or that the changes to the contract should have started from an earlier date.

You can find more information about this in the Local Government (Water Services) (Repeals and Amendments) Act 2025 and section 107. The court can hear your case at the same time as other related cases.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS1506126.

Topics:
Money and consumer rights > Consumer protectionBusiness > Fair trading
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"The court can order you to share information if you don't follow the rules."

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57ZT: Other order for failure to comply with Commission service quality code, or

"The court can order someone to give you a service if they didn't follow the rules."

Part 4AConsumer protection in relation to water services
Other measures relating to protecting consumers of water services: Additional remedies in relation to failure to comply with Commission service quality code

57ZSGeneral order for failure to comply with Commission service quality code

  1. The court may make 1 or more of the following orders if the court is satisfied, on the application of the Commission, that a person (person X) has failed without reasonable excuse to comply with a Commission service quality code:

  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 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 57ZS: inserted, on , by section 15 of the Local Government (Water Services) (Repeals and Amendments) Act 2025 (2025 No 43).