Radiocommunications Act 1989

Guarantee of management rights to registered managers - Guarantee of management rights

58: Guarantee of management rights

You could also call this:

"Proof of radio frequency management rights"

Illustration for Radiocommunications Act 1989

You can use a certified copy of a record to prove management rights in court. This copy shows who is entitled to manage radio frequencies. You can also use a certified copy of a spectrum licence to prove you have the rights to use a radio frequency. If someone cheats to get management rights or a spectrum licence, the rules are different. You can still take action if you were unfairly deprived of your rights. This applies if someone registered as a manager or rightholder through cheating. You can find more information about changes to this law in the Radiocommunications Amendment Act 2000. This law was amended on 12 October 2001. It is important to know about these changes if you are dealing with management rights or spectrum licences.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM196978.

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

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57E: Matters relevant to radio engineer's certificate under section 57D, or

"Things to consider when issuing a radio engineer's certificate"

59: Purchasers from registered manager or rightholder not affected by notice, or

"Buying radio frequencies from approved sellers does not affect you if there's a problem with the sale."

Part 7Guarantee of management rights to registered managers
Guarantee of management rights

58Guarantee of management rights

Subject to subsection (3), the production of a certified copy of a record of management rights in the register shall, unless the contrary is proved by production of the register or a certified copy of the register, be held in every court of law or equity and for all purposes to be conclusive proof that the manager shown in the certified copy is entitled to the management rights in relation to the radio frequencies to which the certified copy relates.
Subject to subsection (3), the production of a certified copy of a spectrum licence registered under this Act shall, unless the contrary is proved by production of the register or a certified copy of the register, be held in every court of law or equity and for all purposes to be conclusive proof that the rightholder shown in the certified copy is entitled to the rights of a rightholder in relation to the radio frequency to which the certified copy relates.
Nothing in subsection (1) or subsection (2) shall apply in respect of any action brought by any person deprived of management rights in relation to any radio frequencies, or of any rights as rightholder in relation to any spectrum licence, or of any rights as mortgagee of any management rights or any spectrum licence, by fraud, as against—
the person registered as manager or rightholder through fraud; or
a person deriving otherwise than as a transferee bona fide for value from or through a person registered as manager or rightholder through fraud.

Notes

Section 58(2): amended, on 12 October 2001, by section 54 of the Radiocommunications Amendment Act 2000 (2000 No 8).
Section 58(3): amended, on 12 October 2001, by section 54 of the Radiocommunications Amendment Act 2000 (2000 No 8).