Subj : Legal action filed against One NZ for alleged 111 code breaches
To   : All
From : News
Date : Tue Apr 16 2024 12:41 pm

The Commerce Commission has filed proceedings in the High Court against One
NZ, alleging multiple breaches of the 111 Contact Code, which is in place to
ensure vulnerable Kiwis can contact emergency services from their landlines.

The Code was brought into effect in February 2021 to protect consumers who
for health, safety or disability reasons rely on a landline connection for
emergency calling.

Following a switch from copper to fibre or another new landline technology,
phones will not work in a power cut without an independent power supply.

If these consumers do not have any other means of contacting 111 in a power
cut - such as a mobile phone - then their provider must supply a device that
enables them to make emergency calls for at least eight continuous hours at
no cost to the consumer.

Telecommunications Commissioner Tristan Gilbertson alleges One NZ has
disregarded the Code, which was put in place to ensure that vulnerable
consumers can contact the 111-emergency service during a power cut at their
home.

"One NZ has a long history of breaching consumer protection laws - so we need
to send a strong signal that we won't tolerate any disregard for its
mandatory Code obligations."

Gilbertson said the company's failure to inform and protect its customers is
"a serious concern" given the widespread compliance across the rest of the
industry and that One NZ has the second largest number of landline
connections in New Zealand.

Breaches of the Code under the Telecommunications Act carry pecuniary
penalties of up to $300,000 for each breach and $10,000 per day for
continuing conduct.

"It's critical that all telecommunications providers comply with the Code to
ensure the safety of their customers whose lives may be at risk in a power
cut. The onus is on them to ensure their customers know how they can protect
themselves and where to go for further support.

"Just one breach could have devastating consequences - so it's encouraging to
see most other providers respecting the importance of the Code and doing the
right thing by their customers," Gilbertson said.

One NZ responds
In a statement, One NZ said it is "committed to supporting vulnerable New
Zealanders who rely on their landline service for contacting 111 emergency
services".

"We were open with the Commission about where we had gaps, such as missing
the deadline to contact some existing vulnerable customers within 12 months,"
said head of sustainability and corporate affairs Nicky Preston.

"We also missed ensuring that certain annual communications went to all
landline customers about the 111 Code, however we continued to share the
information via other channels including on our website, as part of the sales
process, and in welcome emails."

She said the company has "fully cooperated with the Commission" since being
made aware of its concerns and have been transparent.

"We have cooperated throughout the process including acknowledging where we
had gaps, which are now rectified.

"Given our openness, cooperation, and commitment to achieving compliance, the
Commission's decision to commence proceedings came as a surprise to us."

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