Radiocommunications Act 1989

Rights and duties of managers and rightholders

103: Transmission other than in accordance with spectrum licence

You could also call this:

"Breaking the rules for sending radio waves without a licence"

Illustration for Radiocommunications Act 1989

You cannot transmit radio waves on a frequency that has a management right, unless you have a licence. You can transmit radio waves if you are a rightholder and you follow your spectrum licence. You can also transmit radio waves if you follow a general user spectrum licence. If you do not follow the rules, you commit an offence. There is an exception for unintended emissions from a receiver that is tuned to receive emissions from a rightholder who is transmitting in accordance with their spectrum licence.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM197186.

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

Topics:

Business > Industry rulesEnvironment and resources > Climate and energy

102: Compliance with unwanted emission limits, or

"Follow the rules about unwanted radio emissions in your licence"

104: Transmission under radio licence not affected, or

"Having a radio licence lets you send radio waves without problems."

Part 11Rights and duties of managers and rightholders

103Transmission other than in accordance with spectrum licence

Subject to subsection (3), every transmission of radio waves by any person on any frequency in respect of which a management right is registered under this Act is prohibited, except—
a transmission of radio waves by a rightholder acting in accordance with a rightholder's spectrum licence; or
a transmission by a person acting in accordance with a general user spectrum licence.

Every person who contravenes this section commits an offence against this Act.
Nothing in subsection (1) applies to the transmission of unintended emissions from a receiver tuned to receive emissions from a rightholder transmitting in accordance with the rightholder's spectrum licence.

Notes

Section 103 heading: amended, on 12 October 2001, by section 32(1) of the Radiocommunications Amendment Act 2000 (2000 No 8).
Section 103(1): substituted, on 12 October 2001, by section 32(2) of the Radiocommunications Amendment Act 2000 (2000 No 8).
Section 103(3): amended, on 12 October 2001, by section 32(3) of the Radiocommunications Amendment Act 2000 (2000 No 8).