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Radiocommunications Act 1989

Registration

26: Registration of spectrum licences and modifications where management rights mortgaged

You could also call this:

"Registering spectrum licences when someone else has a mortgage over them"

Illustration for Radiocommunications Act 1989

When you want to register a spectrum licence, you need to follow some rules. If a mortgage is involved, the Registrar will not register the licence unless they get consent from the mortgagee. The mortgagee must sign an acknowledgment in the prescribed form. You must get this acknowledgment when the licence is in a certain form, as described in sections like section 16(1) and section 48. The Registrar also looks at modifications, as outlined in sections 57, 57A, 57B, and 57C. Every acknowledgment must be signed by the mortgagee and in the prescribed form.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM196554.

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27: Instruments not effectual until registered, or

"Radio frequency rights are not official until the paperwork is registered"

Part 3Registration

26Registration of spectrum licences and modifications where management rights mortgaged

  1. Where—

  2. an instrument received by the Registrar for registration under section 16(1) is a spectrum licence in the form prescribed for the purposes of section 48 or a modification in the form prescribed for the purposes of sections 57, 57A, 57B, or 57C; and
    1. a mortgage of the management rights pursuant to which the spectrum licence is granted is registered under this Act,—
        1. the Registrar shall not register that spectrum licence or that modification unless the Registrar receives from the applicant for registration an acknowledgment from the mortgagee that the mortgagee has consented to the grant of that spectrum licence or the making of that modification.

      1. Every such acknowledgment shall be in the prescribed form and shall be signed by the mortgagee.

      Notes
      • Section 26: substituted, on , by section 3 of the Radiocommunications Amendment Act (No 2) 1990 (1990 No 104).
      • Section 26 heading: amended, on , by section 11 of the Radiocommunications Amendment Act 2000 (2000 No 8).
      • Section 26(1): amended, on , by section 11(a) of the Radiocommunications Amendment Act 2000 (2000 No 8).
      • Section 26(1)(a): amended, on , by section 11(a) of the Radiocommunications Amendment Act 2000 (2000 No 8).
      • Section 26(1)(a): amended, on , by section 11(b) of the Radiocommunications Amendment Act 2000 (2000 No 8).
      • Section 26(1)(b): amended, on , by section 11(a) of the Radiocommunications Amendment Act 2000 (2000 No 8).