Radiocommunications Act 1989

Registration

27: Instruments not effectual until registered

You could also call this:

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

Illustration for Radiocommunications Act 1989

You cannot transfer or mortgage management rights for radio frequencies until the instrument is registered. This also applies to granting or transferring spectrum licences. The instrument must be registered in accordance with this Part to have effect. When you present two or more instruments to the Registrar at the same time, the Registrar will not register any of them until they are satisfied that one instrument has priority over the others. The Registrar will then accept the instrument with priority for registration. This ensures that the correct instrument is registered first. You can find more information about amendments to this section in the Radiocommunications Amendment Act 2000.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM196557.

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

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


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28: Register to be open for search, or

"Check the radio frequency register to see who owns licences and management rights"

Part 3Registration

27Instruments not effectual until registered

  1. No instrument that purports—

  2. to transfer or mortgage management rights in relation to radio frequencies in respect of which a record of management rights has been recorded under this Act; or
    1. to grant or transfer or mortgage any spectrum licence—
      1. shall have effect until it is registered in accordance with this Part.

      2. If 2 or more instruments executed by the same manager or rightholder, and purporting to transfer management rights in relation to the same radio frequencies, or to transfer the same spectrum licence, are presented at the same time to the Registrar for registration, the Registrar shall not register any of the transfers to which the instruments relate until the Registrar is satisfied that one of the instruments has priority in time over the other instrument or instruments and shall, in that case, accept for registration the instrument having priority.

      Notes
      • Section 27(1)(b): amended, on , by section 54 of the Radiocommunications Amendment Act 2000 (2000 No 8).
      • Section 27(2): amended, on , by section 54 of the Radiocommunications Amendment Act 2000 (2000 No 8).