Who Sets Telecommunications Industry Standards and Where Can Customers Go?
- Summary:
- The Telecommunications industry in Aotearoa is regulated by various bodies responsible for maintaining, monitoring and enforcing legislation and codes.
- These include codes for emergency calling standards (“Emergency Calling Code”) and for supporting vulnerable customers with landlines to ensure that they can contact emergency services (“111 Contact Code”).
- If you have a customer complaint, you should raise it with your mobile provider. If there is not a satisfactory resolution, you may take the complaint to the Telecommunications Dispute Resolution (TDR) Service.
The Telecommunications Act 2001 provides regulation that covers mobile services and describes how the market is monitored. It also includes consumer protections. Mobile network operators who sell mobile services to consumers and have responsibilities to uphold Commerce Commission codes and abide by the Telecommunications Act 2001. If mobile companies fail to comply with relevant codes and regulation, the Telecommunications Commissioner and the Commerce Commission has the power to take companies to court (see below for more information). Mobile network operators also participate voluntarily in the Telecommunications Forum (TCF) and the Telecommunications Dispute Resolution service (TDR). The Telecommunications Dispute Resolution service is available to customers if they have been unable to satisfactorily resolve the dispute with their phone company.
Below you can find more information on some of these key stakeholders involved in regulating the telecommunications market:
1) The Minister for Media and Communications has responsibility for the Telecommunications Act 2001. The Minister has responsibility for appointing the Telecommunications Commissioner (see below). The current Minister is Hon Paul Goldsmith. Parliamentary Under-Secretary to the Minister for Media and Communications is Jenny Marcroft.
- Hon Paul Goldsmith: https://www.parliament.nz/en/mps-and-electorates/members-of-parliament/goldsmith-paul/
- Jenny Marcroft MP: https://www.parliament.nz/en/mps-and-electorates/members-of-parliament/marcroft-jenny/
2) The Ministry of Business, Innovation, and Employment (MBIE) manages the legislation related to the Telecommunications Act 2001, including advising the minister of recommendations from the Telecommunications Commissioner office in the Commerce Commission as well as policy advice to the minister on regulation related to telecommunications. MBIE also advises on emergency call services and liaises with emergency services. You can find out more about MBIEs activities in relation to communications here.
3) The Telecommunications Commissioner (part of the Commerce Commission). The current Telecommunications Commissioner is Tristan Gilbertson and his term ends mid-2025. His role is described on the Commerce Commission website as follows:
“We work to ensure broadband and mobile markets are competitive through regulation of wholesale telecommunications services and our monitoring of how the retail market is performing.”
The Commerce Commission is an independent Crown entity and is responsible to the Minister for industry matters relating to the Telecommunications Act 2001. The Telecommunications Commissioner monitors the industry and produces reports, advises consumers, and can set minimum service standards for telecommunications providers (e.g., the 111 Contact Code). The Commerce Commission may also take companies to court if they do not comply with regulation (e.g., the Telecommunications Commissioner recently filed proceedings in the High Court against One NZ for non-compliance with the 111 Contact Code).
- Information on the 111 Contact Code can be found here: https://comcom.govt.nz/regulated-industries/telecommunications/telecommunications-for-consumers/commission-111-contact-code
- Information on the Commerce Commission court case against One NZ: https://comcom.govt.nz/case-register/case-register-entries/one-new-zealand-group-limited2
The five-year term for the current Telecommunications Commissioner, Tristan Gilbertson, ends on June 8, 2025. In September 2024, the media reported speculation that this role might not be filled at the end of this term, though this was denied. Note that “The Telecommunications Commissioner is appointed on the recommendation of the Minister of Broadcasting, Communications and Digital Media.”
You can contact the Commerce Commission here: Commerce Commission – Contact us
4) The NZ Telecommunications Forum (TCF): a telecommunications industry body that develops industry codes and represents a unified voice of its members. As an example, the TCF maintains the “Code for Emergency Voice Calling Services” (the “Emergency Calling Code”), which sets quality standards for telecommunications companies regarding 111 calls. The TCF’s purpose, according to their constitution, is as follows: “The Forum actively fosters co-operation amongst participants in the telecommunications industry to efficiently resolve regulatory, technical and policy issues.” The CEO of the TCF is Paul Brislen.
5) Telecommunications Dispute Resolution (TDR) service. “Telecommunications Dispute Resolution (TDR) is a service to help when New Zealanders have a complaint about their mobiles, home phones or internet.” This was originally established by the TCF for consumers to lodge complaints and this service has voluntary membership from telecommunications companies. Their website contains anonymised examples of the kinds of disputes they handle and the reasoning behind associated judgements.
Consumers should lodge a complaint with their telecommunications company directly and if this is not resolved then it may be taken to the TDR. Only complaints from customer dealings with member organisations will be heard, though the major mobile networks are represented. You can check the list of TDR member organisations here.
Page Last Updated February 4, 2025.