clark007e: Ok, This is horrible tonight. I wonder if how bad this is a breech of any acts?
Probably not in breach of any acts, but possibly in breach of contract under the common law if the service is unusable or has been misrepresented by Telecom (which may be the case if they have contradictory statements over when throttling will occur which may be the case).
But if they say they are working on it then probably not a breach as they will have allowances for issues within the contract, but they do need to start being more vocal about what is going on and when it will be fixed. After the XT fiasco you'd think they would be more forthcoming with such information rather than just hoping people either don't notice or have come to expect such bad service from NZ ISPs, which is probably the case.
But that's just my 2c and I'm not a lawyer yet so that's just a layman's opinion.