Telecommunications Act 2001

Networks - Network operators and networks generally - Misuse of network

112: Misuse of telephone device

You could also call this:

"Using a phone to annoy or offend others is against the law"

Illustration for Telecommunications Act 2001

You commit an offence if you use a telephone device to say bad words or make suggestions that might offend someone. You also commit an offence if you use a telephone device to disturb or annoy someone on purpose. If you do something like this, you might go to prison for up to 3 months or get a fine of up to $2,000. You can commit an offence in other ways too, like giving a fake order or message when using a telecommunications device. This can also get you into trouble with the law. The law is clear about what you can and can't do when using a telephone device. If you break the law, you will be punished as stated in the Telecommunications Act 2001. You could face imprisonment or a fine. The law is in place to protect people from being offended or annoyed by others using telephone devices.

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This page was last updated on 8 October 2025

View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM127408.

Topics:

Crime and justice > Police and safetyTransport and travel > None applicable in this topic, moving to the next oneRights and equality > Anti-discrimination

111A: Information about interconnection arrangements, or

"Big telecom companies must share how others can connect to their networks"

113: Indecent telephone calls for pecuniary gain, or

"Making rude phone calls to get money is against the law, but this law is no longer in use."

Part 4Networks
Network operators and networks generally: Misuse of network

112Misuse of telephone device

Every person commits an offence who, in using a telephone device, uses profane, indecent, or obscene language, or makes a suggestion of a profane, indecent, or obscene nature, with the intention of offending the recipient.
Every person commits an offence who—
uses, or causes or permits to be used, any telephone device for the purpose of disturbing, annoying, or irritating any person, whether by calling up without speech or by wantonly or maliciously transmitting communications or sounds, with the intention of offending the recipient; or
in using a telecommunications device, knowingly gives any fictitious order, instruction, or message.

Every person who commits an offence against subsection (1) or subsection (2) is liable on conviction to imprisonment for a term not exceeding 3 months or a fine not exceeding $2,000.

Compare

1987 No 116 s 8

Notes

Section 112(3): amended, on 1 July 2013, by section 413 of the Criminal Procedure Act 2011 (2011 No 81).