SEPT 17.] THE NEW ZEALAND GAZETTE. 2457

Supply of Equipment and Inspection thereof.

68. All telephone lines, instruments, and fittings in connection with the telephone-exchange system, except where otherwise provided by these regulations, shall be supplied and erected by the Department, and no person except an employee of the Department provided with proper means of identification shall interfere with or make any additions or alterations to any wire, instrument, or fitting under the Department's control. In the event of any such interference by any unauthorized person, the subscriber concerned shall be liable to have his service discontinued.

69. Employees of the Department provided with proper means of identification shall at all reasonable times have free access to the premises of any subscriber for the purpose of inspection, removal, or replacement of the departmental apparatus therein.

70. The Minister shall take all reasonable precautions to prevent damage or injury to subscribers or their premises from fire or other cause by reason of the installation of telephone apparatus, but he shall not be liable for any damage or injury which may arise from the failure of any such precautions.

Damage to Equipment.

71. (1.) In the event of any instrument, battery, or equipment on the premises of a subscriber being wholly destroyed or partially damaged by any cause whatever (other than fair wear and tear), the subscriber shall pay to the Department, on demand, the cost to the Department of replacing or repairing the instrument, battery, or equipment, except that no charge shall be made in respect of any instrument, battery, or equipment accidentally destroyed or damaged by fire.
    (2.) This regulation shall apply notwithstanding that there has been no negligence on the part of the subscriber or any person for whom he is responsible, and notwithstanding that the destruction or damage may have arisen from some cause not due to the act or default of the subscriber.

Defaulting Subscriber.

72. (1.) If a subscriber becomes a defaulter in respect of any charges due under the conditions of contract, or any other telephone charges due under these regulations, he shall not be furnished with telephone service of any kind until he has discharged his liability to the Department.
    (2.) If the Secretary is satisfied that any service is being obtained by a person, either in his own or any other name, which person is, in the opinion of the Secretary, a defaulter in connection with any telephone service furnished by the Department, the Secretary may, without notice, cancel the contract, disconnect the telephone from the exchange, remove the name of the subscriber from the telephone directory, remove all wires, instruments, and fittings, and apply any surplus rental paid in connection with the service in reduction of the liability of that person to the Department.

Illegal or Improper Use of Telephone.

73. The Minister may refuse to connect with a telephone exchange, or may disconnect from a telephone exchange, any place of business, house, or premises which in the opinion of the Minister is or are used for any illegal, immoral, or improper purpose, and may, either with or without previous notice, exclude from a telephone exchange any subscriber who allows the telephone instruments in his custody or control to be damaged or destroyed, or to be put to any improper use, and may remove or cause to be removed any instruments allotted to the use of such subscriber. No person shall have any claim for damages or otherwise whatsoever in consequence of the refusal of the said Minister to connect any place of business or house or premises with an exchange for any of the causes aforesaid, or in consequence of the removal of any instrument, or the exclusion of any subscriber aforesaid.
74. (1.) Telephone messages shall not contain language of an objectionable, obscene, or offensive nature, or of a character calculated to provoke a breach of the peace; nor shall any telephone service be mischievously used for the purpose of irritating any person, or of conveying fictitious orders or instructions or fictitious messages of any kind.
    (2.) Any violation of this regulation by a subscriber or any member of his household, or by any person using the subscriber's telephone, shall render the subscriber liable to have his telephone disconnected and any instruments and fittings belonging to the Minister removed, without prejudice to the right of the Minister to recover the rental and [or] other charges due under these regulations.

Interruption of Service.

75. The Minister or any officer of the Department shall not be liable to any action, claim, or demand for compensation for interruption of telephone service arising from any cause whatsoever; except that, when a subscriber removes from one part of a town to another, and the Department is unable to provide him with telephone service within seven days, an allowance shall be made of the amount of the rental corresponding to the number of days during which the subscriber is deprived of telephone service.

Overloaded Lines.

76. With a view to reducing the number of "ineffective" calls due to overloaded lines the Minister may require any subscriber on whose line or lines the number of such calls exceeds 25 per cent. of the number of effective incoming calls to rent an additional circuit, in default of which telephone service may be refused.

New Exchanges.

77. Petitions for the establishment of telephone exchanges should be addressed to the Minister, and be accompanied by a list of the persons undertaking to become subscribers. Under ordinary circumstances an exchange will be opened if the estimated annual revenue is sufficient to cover the estimated annual expenditure.
78. The Minister may decline to establish a telephone exchange at any place at which, in his opinion, telephone-exchange service may be obtained from an existing exchange at a reasonable cost.
79. After the establishing of a new exchange is authorized, and before the work is commenced, each intending subscriber shall pay the prescribed service connection fee and enter into a contract with the Department in the approved form to rent a connection for a specified period.

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