Telecommunications (Civil Infringement Notice) Regulations 2007

Telecommunications (Civil Infringement Notice) Regulations 2007

(SR 2007/214)


Note

These regulations are administered by the Commerce Commission.


  • Preamble

    At Wellington this 30th day of July 2007

Pursuant to section 157 of the Telecommunications Act 2001, Her Excellency the Administrator of the Government, acting on the advice and with the consent of the Executive Council and on the recommendation of the Minister of Communications, makes the following regulations.

1 Title
  • These regulations are the Telecommunications (Civil Infringement Notice) Regulations 2007.

2 Commencement
  • These regulations come into force on 30 August 2007.

3 Amount of pecuniary penalty
  • The amount of the pecuniary penalty that must be specified in a civil infringement notice is $2,000.

4 Form of civil infringement notice
5 Objection to civil infringement notice
  • (1) An objection to a civil infringement notice, made under section 156E of the Telecommunications Act 2001, must—

    • (a) be in writing; and

    • (b) set out the basis of the objection in sufficient detail for the Commerce Commission to consider it; and

    • (c) include—

      • (i) the number and date of the civil infringement notice; and

      • (ii) the name of the person making the objection; and

      • (iii) the address for reply.

    (2) Every written objection must be made on or before the last day on which payment of the pecuniary penalty is due under the notice.

    (3) A written objection is treated as having been made on the date on which it is received by the Commerce Commission.


Schedule
Form of civil infringement notice

r 4

Form
Civil infringement notice

Section 156B, Telecommunications Act 2001

Commerce Commission

Number of notice:

Date of notice:

This civil infringement notice is served under section 156B(1)(a) of the Telecommunications Act 2001 to—

Name:

Address:

You are required to pay a pecuniary penalty of $2,000 as a consequence of committing a breach of a provision set out in section 156A of the Telecommunications Act 2001.

Provision(s) alleged to have been breached

[set out the relevant provision(s) of section 156A of the Telecommunications Act 2001 and any other relevant provisions. For example—

Section 156A(a)

Failure, without reasonable excuse, to comply with section 22A of the Telecommunications Act 2001.

  • Effect of application on existing agreement for supply of designated access service or specified service
  • 22A 

    • (1) This section applies if an access seeker of a designated access service or specified service applies for a determination under section 27 while an agreement is in force between that access seeker and the access provider of the service for the supply of that service or of any other service.

    • (2) The access provider must not, as a direct or indirect result of the access seeker making the application for a determination, act in a way that is, or is likely to be, prejudicial to the interests of the access seeker.

    • (3) The access provider may discontinue the supply of the service under the agreement only if—

      • (a) a determination is made under section 27 for that service or a comparable service; and

      • (b) the access provider begins to supply the service on the terms specified in the determination.

    • (4) Subsection (3) does not apply if, before the date on which the determination is made, the agreement—

      • (a) has already expired; or

      • (b) has been terminated for a reason that is unrelated to the making of the application.

    • (5) If there is any inconsistency between the determination and the agreement, the determination prevails.]

Conduct constituting the breach

[Set out details of the time, manner, and nature of the alleged breach.]

When payment due

The pecuniary penalty must be paid within 28 days of the date of this notice, unless you make a written objection to the Commerce Commission (see below). The last date for payment is therefore [date].

How to pay

You may pay either by cheque or direct credit.

By cheque:make the cheque out to [name].
 post it to [address].
By direct credit: to [account details].

Please read the following carefully. Seek legal advice if necessary.

You may object to this notice

You may object to this notice by making an objection to the Commerce Commission (the Commission) under section 156E of the Telecommunications Act 2001 (the Act). Any objection must be received by the Commission on or before the last date for payment of the pecuniary penalty.

Your objection must be on either or both of the following grounds:

  • that you did not commit the breach alleged:

  • that the amount of the pecuniary penalty is excessive having regard to the nature of the alleged breach.

(For instance, you may claim that you had a reasonable excuse for breaching a provision of section 156A of the Act, or that the breach was so minor as to not justify the imposition of a $2,000 pecuniary penalty.)

Your objection must—

  • (a) be in writing; and

  • (b) set out the basis of the objection in sufficient detail for the Commission to consider it; and

  • (c) include—

    • (i) the number and date of this civil infringement notice; and

    • (ii) the name of the person making the objection; and

    • (iii) the address for reply.

In accordance with section 156F of the Act, the Commission—

  • must decide, within 10 working days of receiving it, whether to accept or refuse the objection; and

  • will give you written notice of its decision promptly, with reasons.

If the Commission accepts your objection, the Commission will withdraw this notice and you will not be required to pay the pecuniary penalty.

If the Commission refuses your objection, it will specify the new time within which you must pay the pecuniary penalty and how it must be paid. The Commission will also explain your rights of appeal to a District Court against its decision on your objection.

What happens if you do not pay the pecuniary penalty

If you do not pay the pecuniary penalty, in full, within the time specified in this notice (or within the new time specified by the Commission when giving notice of a refusal of objection), the unpaid portion of the pecuniary penalty becomes a debt due to the Commission. In accordance with section 156H of the Act, the Commission may take proceedings in a District Court to recover from you—

  • (a) the unpaid portion of the pecuniary penalty; and

  • (b) the actual and reasonable costs of recovery awarded against you by the District Court.

The Commission may publish information about this notice

The Commission is entitled, under section 156K of the Act, to publish a notice stating that you have been served with a civil infringement notice. If a notice is published, it will state—

  • your name; and

  • the nature of the alleged breach; and

  • the amount of the pecuniary penalty.

The Commission may not exercise the power to publish a notice—

  • before the close of the date by which an objection must be made; or

  • if you make an objection and the Commission refuses it, before the close of the period for bringing an appeal against that decision; or

  • if the Commission withdraws the notice; or

  • if you appeal a decision to refuse your objection within the appeal period and the District Court cancels the penalty.

Queries and correspondence

Address any queries or correspondence about this notice to [name of responsible officer at Commission] at [contact details of responsible officer].

In any written correspondence, include—

  • the number and date of this civil infringement notice; and

  • your address for reply.

Diane Morcom,

Clerk of the Executive Council.

Explanatory note

This note is not part of the regulations, but is intended to indicate their general effect.

These regulations, which come into force on 30 August 2007,—

  • prescribe $2,000 as the amount of the pecuniary penalty payable by a person served with a civil infringement notice under section 156B(1)(a) of the Telecommunications Act 2001 (the Act):

  • prescribe the time within which, and manner in which, an objection must be made, and the information to be included in the objection:

  • prescribe the form of civil infringement notice, as required by section 156D(2) of the Act.


Issued under the authority of the Acts and Regulations Publication Act 1989.

Date of notification in Gazette: 2 August 2007.