What is the 111 Contact Code?

The purpose of the 111 Contact Code is to ensure that consumers who are at particular risk of requiring the 111 emergency service, and do not have a means for contacting 111, have access to an appropriate means (eg, a mobile phone) to contact the 111 emergency service in the event of a power cut at their home.

For more information about the 111 Contact Code, including a copy of the Code, visit the Commission 111 Contact Code page.

What is the 111 emergency service?

The 111 emergency service includes the ambulance service, police service, and fire and emergency service.

What does being ‘at particular risk of requiring the 111 emergency service’ mean?

A person who is ‘at particular risk of requiring the 111 emergency service’ means a person who is more likely than other people to require the 111 emergency service, because of a specific circumstance. This includes circumstances like health, safety or disability.

The below examples show situations where a person may be considered ‘at particular risk’ under the 111 Contact Code.

Example one

Mary and Joe are pensioners living together. These days Joe is unsteady on his feet. He has fallen over a couple of times recently. Mary is active and is often out with friends. Mary is worried that the next time Joe falls he might seriously injure himself.

Example two

Fatima has type 2 diabetes and is in the early stages of dementia. Fatima needs to take medication every day to manage her conditions.

Example three

Jennifer’s father has moved back into the family home. He’s been verbally and physically abusive to family members in the past and Jennifer is worried that it might happen again.

Example four

Tane is booked in to have both knees replaced. He lives alone and is worried about complications or a fall and needing to access the 111 emergency service during his recovery over the next three months.

What do the ‘Health’, ‘Safety’ and ‘Disability’ categories mean?

The application form asks you to select which of three categories (health, safety or disability) most closely relates to the specific circumstance you (or the person you are applying on behalf of) has and that means you (or the person you are applying on behalf of) is at particular risk of requiring the 111 emergency service.

If you select the ‘health’ category, this means the specific circumstance that makes you (or the person you are applying on behalf of) at particular risk of requiring the 111 emergency service is related to health. For example, it is a known medical condition.

An example of a specific circumstance that may mean you select the ‘safety’ category is family violence.

Examples of a specific circumstance that may mean you select the ‘disability’ category is sensory impairment, intellectual impairment or physical impairment.

Do I have to be ‘at particular risk’ now, or could it be sometime in the future?

A person may not be ‘at particular risk’ now, but they know they will become ‘at particular risk’ sometime in the near future. For example, a person who has surgery planned soon.

How can a person be ‘at particular risk’ on a temporary or permanent basis?

A person may be ‘at particular risk’ because they have suffered a physical injury, but the person expects to recover from this injury after a certain period of time. In these circumstances, the person is only ‘at particular risk’ on a temporary basis.

An example of a person who may be ‘at particular risk’ on a permanent basis is a person who has a heart condition.

Who can be a ‘nominated person’?

A nominated person must be someone who, because of their job, is able to give an opinion on whether you (or the person you are applying on behalf of) is at particular risk of requiring the 111 emergency service.

For example, if the ‘health’ or ‘disability’ category has been selected, then a health practitioner (such as a GP) could be a nominated person. If the ‘safety’ category has been selected, then a police officer, a currently registered social worker, a lawyer (with a current practicing certificate), or a family court judge could be a nominated person.

We recommend that before you complete your application, you (or the person you are applying on behalf of) first contact the nominated person to discuss the application and confirm they are happy to be contacted.

If I don’t provide the details of a nominated person, what sort of evidence must be provided?

It must be sufficient information to show that you (or the person you are applying on behalf of) is (or will become) at particular risk of requiring the 111 emergency service.

Examples of evidence that may be sufficient include:

  • a protection order
  • a letter from a health practitioner (eg, a GP)
  • documentation of impairment (eg, an ID card)
  • a completed Electricity Authority ‘Notice of Potential Medically Dependent Consumer (MDC) Status’ form, which includes a certification from Te Whatu Ora Health NZ, private hospital or GP (accessible from the Electricity Authority's website ).

These are only some examples of evidence that may be sufficient – other evidence may be more appropriate and suitable.

What does ‘a means to contact the 111 emergency service that can be operated at the premises for a continuous 8-hour period in the event of power failure’ mean?

It means that the person has a way of contacting the 111 emergency service at the place they live.

The ‘means’ a person uses to contact the 111 emergency service must be able to work for a continuous (ie, non-stop) 8-hour period if used as instructed.

A person will have a way of contacting the 111 emergency service if:

  • the premises where they live is receiving an analog copper landline service (because this service will continue to work in a power cut)
  • the person has unrestricted access to a mobile phone and the premises where they live has adequate mobile phone network coverage
  • the person has an uninterruptable power supply to maintain a means for contacting the 111 emergency service in the event of a power failure (eg, a battery back-up)
  • the person has a managed medical or safety alarm
  • the person has some other device or technology which meets the requirements under the Code.

What if I reject the appropriate means supplied to me if I am accepted as a vulnerable consumer?

Providers have to supply each of their vulnerable consumers with a ‘means’ for contacting the 111 emergency service in the event of a power failure (eg, a mobile phone). The ‘means’ must be appropriate for specific person, taking into account physical, mental and technical abilities.

The provider must also provide clear instructions and guidance on how to use the ‘means’ and who to contact if there are any issues.

If a person rejects a means supplied to them (eg, because they don’t like the look of it), then providers can deem the application ‘withdrawn’. This means that person won’t be registered as a vulnerable consumer and the provider doesn’t need to supply an appropriate means.

That person can still reapply to be a vulnerable consumer at any point.

If there is a dispute over whether a ‘means’ is appropriate or not, Telecommunications Dispute Resolution (see more information below) can be contacted to help find a resolution.

What is Telecommunications Dispute Resolution?

Telecommunications Dispute Resolution (TDR) is a free, independent service to help consumers with complaints about their telecommunications provider. A dispute between a consumer and a telecommunications company about their rights and obligations under the 111 Contact Code can be referred to this Scheme.

If you have a dispute about your (or your telecommunication company’s) rights and obligations under the 111 Contact Code, you have a right for that dispute to be referred to an industry dispute resolution scheme to resolve.

A consumer’s right to take a dispute under the 111 Contact Code to an industry dispute resolution scheme is protected under the Telecommunications Act 2001 (sections 241-245). Currently, the relevant industry dispute resolution scheme is TDR.

For more information on Telecommunications Dispute Resolution, you can contact your provider and they will refer to where to find more information, or you can read more about TDR and how to get in contact on the TDR website .

Who should I contact if I have any questions about applying to be considered a vulnerable consumer?

Please contact your provider if you have any questions about the form, or the 111 Contact Code more generally.

For further information on the 111 Contact Code, you can contact the Commerce Commission at telecommunications@comcom.govt.nz.

The below are some frequently asked questions to help provide clarification of the Code and its requirement on providers of residential landline services.

What additional or new requirements regarding informing consumers does clause 10 introduce for providers?

Clause 10 states that “For the purposes of clause 9, the information must be provided so that a customer is not able to purchase a residential landline service or switch between residential landline services or technologies without being made aware of such information”.

This does not introduce any new requirements or information. It is stated to make requirements clearer to ensure the customer is made aware of the information.

The Commission expects providers to ensure that information is visible and available to the customer, at the time when they are engaging in purchasing or switching processes.

What does checking a consumer’s means meet the eight-hour battery life requirement look like for devices such as managed medical and safety alarms, and mobile phones?

The amended Code provides further clarification that managed medical or safety alarms can be accepted as alternative means if they meet the Code requirements.

We expect providers to undertake sufficient assessment to understand whether a consumer’s managed medical or safety alarm provides the functionality required for it to be treated as such. This may involve checking that the model of the device meets the minimum battery life requirement, and can contact the 111 emergency service directly or via a managed service.

We do not expect providers to check the battery life of existing mobile devices. Confirming the existence of the device, and the ability of the mobile service to operate consistently due to good coverage at the residential location is sufficient.

What is the expectation of providers regarding the testing of means at least every 36 months?

Clause 31.5 of the Code (allowing testing of means at least every 36 months) was introduced to alleviate the unnecessary action in some cases to replace the means after 36 months regardless of whether it was still fit for purpose or not.

This allows providers to instead assess if the device is still fit for purpose. If it remains so, the device can continue to be used by the vulnerable consumer and the 36 month requirement resets.

Our expectation of testing is that it is of a type sufficient to provide reasonable assurance that the device remains, and is likely to remain, fit for purpose. Testing, like the provision of an appropriate means, should be at no cost to the consumer.

We consider the 36-month testing requirement resets where a device is replaced.

What are the implications if the vulnerable consumer does not inform their provider that they have moved premises?

The amended Code removed clause 35.2 which previously allowed a provider to regard a consumer as no longer being a vulnerable consumer where the consumer no longer resides at the premises where the retail landline service was supplied.

Clause 42 was added, stating “If a vulnerable consumer moves premises and remains with the same provider, such provider may check the consumer’s status, and may require the vulnerable consumer (or someone on their behalf) to re-apply to demonstrate that they continue to be a vulnerable consumer”.

We made these changes so that vulnerable consumers did not automatically lose their status as a vulnerable consumer when they moved premises as it may put them at risk.

Until informed, we do not expect providers to be aware of any changes in circumstances that would impact the vulnerable person status.

Clause 39 outlines that a provider must, at least once a year, contact each customer that is a vulnerable consumer, or has a vulnerable consumer at their premises. We expect providers will use this annual contact obligation to confirm whether anything has changed regarding the circumstances of the vulnerable consumer.

For information disclosure purposes, at what point are means deemed to have been ‘provided’ to a vulnerable consumer?

For the purposes of disclosures under clause 45.9 of the Code, we consider means to have been ‘provided’ from the point at which it is proven to have been delivered to the residential location where the vulnerable consumer resides.

We do expect providers to confirm with the consumer that the device is set up and working.

We note the Code has separate obligations which require providers to ensure the suitability of the device for a vulnerable consumer’s needs, and to issue instructions with the device. This means that by the time the device is selected and issued, there should be little that prevents the vulnerable consumer from utilising it upon delivery.

We appreciate there will be unique circumstances involved in some instances. The disclosure obligation provides for this, by asking for brief explanations of instances where providing the device took longer than usual.

What are the expectations on providers regarding means being supported to remain appropriate and functional?

Clause 31.4 (previously 27.4) was edited to clarify that a means supplied to a vulnerable consumer “is supported…. to ensure it remains appropriate and functional….”.

We do not expect devices supplied as appropriate means to operate and be fault free 100% of the time; technology can have faults. Providers will not automatically be deemed non-compliant if a device has a fault.

The intention is that once a provider becomes aware a device is no longer “appropriate and functional”, for example through a consumer informing them or through the at least once a year check-ins with vulnerable consumers, there is an obligation for the provider to act to ensure the device becomes “appropriate and functional” again (within a reasonable time frame).