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Radiocommunications Act 1989
Transfers and aggregations of management rights
44: Record of management rights to be cancelled on transfer of part of range of frequencies

1Short Title 2Interpretation 3Act to bind the Crown

Part 1:
Administration

4Appointment of Registrar and Deputy Registrars 5Register of Radio Frequencies 6Form of register 6ADocuments to be received in evidence 7Registrar to have and use seal of office 8Sealed documents to be received in evidence

Part 2:
Radio frequencies registered under this Act

9Applications to register radio frequencies 10Registration of management rights for radio frequencies 11Record of management rights 11ACreation of successive records of management rights 11BVariation of conditions in record of management rights 12Part 13 to cease to apply to frequencies registered under this Act

Part 3:
Registration

13When instruments deemed registered 14Instruments to be in duplicate and witnessed 15Priority according to time of registration 16Application for registration 17Registration procedure 18Procedure in relation to defective applications for registration 19Failure to comply with requisition 20Fees in relation to defective applications 21Copies of documents and requisitions 22Returned instrument deemed not to have been presented for registration 23Application for correction of register 24Correction of register 24ADuty to notify change of name or address 25Registrar's duties in relation to registration of spectrum licences 25AMatters relevant to radio engineer's certificate under section 25 26Registration of spectrum licences and modifications where management rights mortgaged 27Instruments not effectual until registered 28Register to be open for search 29Registrar to issue search copies 30Certified copies of register to be evidence 31High Court may investigate cases of lost instruments 32Court may order registration of interest 33Expiry of registration

Part 4:
Record of management rights

Part 5:
Transfers and aggregations of management rights

42Transfer by manager 43New record of management rights unnecessary if management rights in respect of all frequencies transferred 44Record of management rights to be cancelled on transfer of part of range of frequencies 45New records of management rights to be created for portion transferred and for balance 46Aggregation of management rights with common boundary 47New record of management rights to be created for all rights to which request under section 46 relates 47AAggregation of current and successive management rights 47BNew record of management rights to be created for all rights to which request under section 47A relates

Part 6:
Registration of rightholders

Part 7:
Guarantee of management rights to registered managers

Guarantee of management rights

58Guarantee of management rights

Protection of purchasers

59Purchasers from registered manager or rightholder not affected by notice 60No liability on bona fide purchaser or mortgagee

Compensation

61Compensation for mistake or misfeasance of Registrar 62Compensation for loss occurring after search and before registration 63Notice of action to be served on Attorney-General and Registrar 64Recovery of compensation paid and costs in case of fraud 65Recovery of compensation paid where loss caused by solicitor's negligence

Part 8:
General provisions

Additional powers of Registrar

66Registrar may require production of documents, etc

Appeals

67Appeals against decisions of Registrar 68Procedure on appeals 69Court may refer appeals back for reconsideration

Offences

70Fraudulently procuring registration

Miscellaneous provisions

71Registrar not bound to attend court or produce register without court order 72Liability of officers 72AMatters relevant to radio engineer's certificate

Part 9:
Mortgages

73Mortgage to take effect as security only 74Forms of mortgage 75Alteration of terms of mortgage by endorsement 76Consent to variation of mortgage 77Variation of priority of mortgages 78Rights of mortgagee 79Restriction on exercise of power of sale 80Notice to subsequent mortgagee 81Court may permit mortgagee to exercise power before period expired 82Restriction on action to recover deficiency 83No contracting out 84Application of purchase money 85Transfer by mortgagee 86Discharge of mortgage

Part 10:
Acquisitions by operation of law, caveats

Acquisitions by operation of law

87Person claiming under operation of law may apply to have interest registered 88Procedure on application

Caveats

89Caveat against dealing with radio frequencies 90Service of notices as to caveats 91Effect of caveat 92Notice of caveat to be given to persons affected 93Procedure for removal of caveat 94Lapse of caveat against dealings 95Person entering or maintaining caveat without due cause liable for damages 96Caveat may be withdrawn 97No second caveat may be entered

Part 11:
Rights and duties of managers and rightholders

98Rights conferred by registration as manager 99Rights conferred on rightholder by spectrum licence 100Rights of holders of certain licences 101Requirements to be complied with in exercise of rights 102Compliance with unwanted emission limits 103Transmission other than in accordance with spectrum licence 104Transmission under radio licence not affected

Part 12:
Interference

Interference to receivers

105Interference to receivers

Interference caused by lawful transmission and reception

106Definitions for sections 108 to 109C 107Sections 106 to 109C apply where transmissions not commenced 108Notice of harmful interference 109Reference to arbitration by Secretary 109AMatters relevant to arbitration 109BOffence to transmit in breach of Secretary's direction 109CPowers when deciding disputes

Part 13:
Radio licences

110Part to apply to frequencies unless or until record of management rights registered and rights commence 111Granting of radio licences 112Secretary to have regard to Government policy 113Offences 114Presumptions 115Radiocommunication within territorial limits 116Regulations

Part 14:
Enforcement and remedies

Civil proceedings

117Actions for damages for contravention of section 103 118Injunction may be granted for contravention of section 103 119Injunction may be granted for failure to comply with section 107(3)

Powers to obtain evidence

120Powers to obtain evidence 121Powers conferred by warrant 122Person executing warrant to produce evidence of authority and identity 123Schedule of evidence taken to be prepared 124Duty to provide all reasonable facilities and assistance 125Power to inspect and take copies of documents, etc 126Offence 127Proceedings privileged

Penalties

128Penalties 128ACommission of infringement offence 128BInfringement notices 129Forfeiture

Part 15:
Miscellaneous provisions

Approval of radio engineers

130Approval of radio engineers

Licensing of supply of radio apparatus

131Licensing of supply of radio apparatus 132Offence

Reference standards

133Secretary may issue reference standards 133AOffence to disclose contents of radiocommunications

Regulations

134Regulations 134AASecretary may prescribe forms 134ARegulations prohibiting unauthorised broadcasting from high seas 135Regulations prescribing fees

Recovery of fees

136Recovery of fees

Distress calls

137Distress calls

Application of Commerce Act 1986

138Application of Commerce Act 1986 to acquisition or disposition of management rights or licence in relation to radio frequencies

Repeals and consequential amendments

139Repeals and consequential amendments

Part 16:
Transitional provisions

140Licences granted under Part 2 of Telecommunications Act 1987 141Regulations deemed to have been made under this Act 142Saving for documents made or acts done under Part 2 of Telecommunications Act 1987 143Forms approved by Secretary may be used where no form prescribed

Transitional rights in relation to Schedule 4 frequencies

144Interpretation 145Transitional rights in relation to frequencies in Schedule 4 146Incumbents in relation to Schedule 4 frequencies 146ATransfer of rights of incumbents in relation to television services 147Broadcasting Tribunal to certify incumbents 148Incumbent to give notice of intention to exercise transitional right 149Payments for licences 150Payment of annual levy 151Lump sum payment 152Return to accompany lump sum payment 153Transferee liable for payments

Transitional rights in relation to AMPS B Band

154Interpretation 155Transitional rights in relation to AMPS B Band 156Incumbent to give notice of intention to exercise transitional right 157Payments for management rights 158Payment of annual levy 159Lump sum payment 160Return to accompany lump sum payment 161Transferee liable for payments

Transitional rights in relation to 2 frequency land mobile

162Transitional rights in relation to frequencies in Schedule 6 163Incumbent to give notice of intention to exercise transitional right 164Payments for licences 165Payment of annual fee 166Lump sum payment 167Transferee liable for payments 168Payment for registration as manager 169User of frequency entitled to be registered as manager

Transitional rights in relation to Schedule 7 frequencies

170Bodies specified in Schedule 7 entitled to licence 171Continuation of advertising restrictions, etc 172Amendment of advertising restrictions, etc

Transitional rights of other licenceholders under Part 13

173Transitional rights of other licenceholders under Part 13

Special provisions relating to Radio New Zealand Limited

174Radio New Zealand Limited entitled to certain frequencies 175Conditions of licences relating to the FM Concert Programme and National Radio 176Conditions to lapse if public funding ceases 177Conditions of licences relating to AM Network 178Conditions of licences relating to 2YB service

Crown not entitled to transitional rights

179Crown not entitled to transitional rights

Conditions deemed to be incorporated in licences granted to TV3

180Conditions deemed to be incorporated in licences granted to TV3

Miscellaneous provisions

181Priorities under Part 12 of licences granted to incumbents 182Payments inclusive of goods and services tax 183Recovery of payments

Schedule 1:
Requirements in relation to radio licences and spectrum licences

Schedule 2:
Enactments consequentially amended

Schedule 3:
Regulations deemed to have been made pursuant to this Act

Schedule 4:
Frequencies to which section 145 applies

Schedule 5:
AMPS B Band

Schedule 6:
2 frequency land mobile frequencies

Schedule 7:
Entitlements to specific licences

Schedule 8:
General provisions relating to material incorporated by reference in regulations

Summary of changes

Radiocommunications Act 1989

Transfers and aggregations of management rights

44: Record of management rights to be cancelled on transfer of part of range of frequencies

You could also call this:

"Cancel management rights when giving away some frequencies"

Illustration for Radiocommunications Act 1989

You have management rights to a range of frequencies. If you transfer part of this range, the Registrar must cancel your record of management rights. This cancellation means your record of management rights is no longer valid.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM196921.

This page was last updated on 12 December 2025 — View changes

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43: New record of management rights unnecessary if management rights in respect of all frequencies transferred, or

"No new record needed if all frequency rights are transferred"

45: New records of management rights to be created for portion transferred and for balance, or

"Creating new records for transferred and kept radio frequencies"

Part 5Transfers and aggregations of management rights

44Record of management rights to be cancelled on transfer of part of range of frequencies

If a notice of transfer purports to transfer the management rights in respect of part only of the range of frequencies specified in a record of management rights, the Registrar must record on the record of management rights that the record of management rights is cancelled.
The recording of the cancellation under subsection (1) has the effect of cancelling the record of management rights.

Notes

Section 44: substituted, on 31 October 2006, by section 17 of the Radiocommunications Amendment Act 2006 (2006 No 54).