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Telecommunications Act 2001

Networks - Network operators and networks generally - Connection to network

107: When operator must not agree to connection to network

You could also call this:

"When a phone company can't let someone connect a device to their network"

Illustration for Telecommunications Act 2001

You cannot connect a telephone analyser to a network unless it is for a specific reason. The connection can be to get traffic data about your telecommunications with others. It can also be to maintain the network or to investigate an offence against section 112. You need to know what a telephone analyser is. It is a device that can connect to a network and record traffic data. Traffic data has the same meaning as in section 3AB of the Telecommunications (Interception Capability and Security) Act 2013, which you can find at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS1525258. The device cannot record the content of any telecommunication. An operator must follow these rules when connecting a telephone analyser to a network. They must not agree to the connection unless it is for one of the allowed reasons. This is to protect your telecommunications and ensure the network is used correctly.

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This page was last updated on

View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM127193.

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106: Operator must agree to connection to network, or

"Network owners must let you connect your devices to their network before you can use it."

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108: When operator must not refuse to agree to connection to network, or

"Connecting to a network: your rights when the operator must say yes"

Part 4Networks
Network operators and networks generally: Connection to network

107When operator must not agree to connection to network

  1. An operator must not agree to the connection of a telephone analyser to a network that is owned or operated by an operator unless the connection is for 1 or more of the following purposes:

  2. to enable a person to whom the operator provides telecommunications services to obtain traffic data that relates to telecommunications between the person and other persons:
    1. to maintain the network:
      1. to detect, investigate, or prosecute any offence against section 112.

        1. In this section,—

          telephone analyser means any device—

          1. that can be connected to any part of a network, or to any line, apparatus, or equipment connected to any part of a network; and
            1. that is designed to record or enable the recording of traffic data, but cannot record or monitor, or enable the recording or monitoring of, the content of any telecommunication

              traffic data has the same meaning as in section 3AB of the Telecommunications (Interception Capability and Security) Act 2013.

              Compare
              Notes
              • Section 107(1)(a): amended, on , by section 57 of the Budapest Convention and Related Matters Legislation Amendment Act 2025 (2025 No 39).
              • Section 107(1)(c): amended, on , by section 39(6) of the Telecommunications (New Regulatory Framework) Amendment Act 2018 (2018 No 48).
              • Section 107(2): replaced, on , by section 57 of the Budapest Convention and Related Matters Legislation Amendment Act 2025 (2025 No 39).