New Zealand -- Complaints (Operational Separation) Handling under Part 4A of the Telecommunications Act 2001

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The Commerce Commission of New Zealand (the Commission) has a duty to consider written complaints that allege a breach of an enforceable matter that falls within the scope of section 156N of the Telecommunications Act 2001 (the Act). Telecom's Separation Undertakings under Part 2A of the Act constitute an enforceable matter and are therefore subject to the Commission's duty in this regard. These guidelines set out the Commission's processes and requirements for complaints about any alleged breach of Telecom's separation undertakings. The guidelines are designed to assist parties present a complaint in a manner that enables the Commission to address the complaint in a timely manner. Complaints may be made by access seekers or access providers. By way of background, Telecom provided a set of undertakings to the Crown that included a robust operational separation plan that became enforceable in stages beginning on March 31, 2008.