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Radiocommunications Act 1989

Radio licences

112: Secretary to have regard to Government policy

You could also call this:

"The Government guides the Secretary's decisions on radio licences."

Illustration for Radiocommunications Act 1989

When the Secretary is making decisions about radio licences, they must think about what the Government wants. The Minister tells the Secretary what the Government wants by sending a written notice. The Secretary must follow the Minister's directions. The Minister cannot tell the Secretary what to do about a specific radio licence. But the Minister can give directions about types of radio licences. The Minister can also tell the Secretary not to issue certain types of licences. If the Minister gives a direction, they must publish it in the Gazette and show it to the House of Representatives. This helps keep everyone informed about what is happening with radio 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=DLM197336.

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Part 13Radio licences

112Secretary to have regard to Government policy

  1. In the exercise of his or her functions, duties, and powers under section 111 or under any regulations made under section 116(1)(a), the Secretary shall have regard to the general policy of the Government in relation to the functions, duties, and powers of the Secretary under that section or, as the case may be, those regulations as that policy is communicated to the Secretary from time to time by notice in writing by the Minister, and shall comply with any directions given by the Minister to the Secretary by notice in writing pursuant to such policy.

  2. Nothing in subsection (1) authorises the Minister to give a direction under that subsection in respect of the grant of a particular radio licence.

  3. Without limiting the generality of subsection (1), but subject to subsection (2), the Minister may, pursuant to subsection (1),—

  4. give a direction in respect of any particular class or classes of radio licence:
    1. direct the Secretary not to issue licences of a particular class or particular classes, either generally or except as may be specified in the direction.

      1. Without limiting the generality of subsection (1), but subject to subsection (2), any direction given under subsection (1) may apply in respect of any application for any radio licence, including—

      2. applications made before the date of the direction but not dealt with before that date:
        1. applications made pursuant to Part 2 of the Telecommunications Act 1987 after the close of 23 November 1989 but not dealt with before the date of the direction.

          1. Where a notice is given to the Secretary under subsection (1), the Minister shall, as soon as practicable after the giving of the notice,—

          2. publish a copy of it in the Gazette; and
            1. lay a copy of it before the House of Representatives.

              Notes
              • Section 112(1): amended, on , by section 38(1) of the Radiocommunications Amendment Act 2000 (2000 No 8).
              • Section 112(1): amended, on , by section 38(2) of the Radiocommunications Amendment Act 2000 (2000 No 8).
              • Section 112(1): amended, on , by section 2 of the Radiocommunications Amendment Act 1990 (1990 No 22).
              • Section 112(2): amended, on , by section 38(2) of the Radiocommunications Amendment Act 2000 (2000 No 8).
              • Section 112(2): amended, on , by section 38(3) of the Radiocommunications Amendment Act 2000 (2000 No 8).
              • Section 112(2): amended, on , by section 2 of the Radiocommunications Amendment Act 1990 (1990 No 22).
              • Section 112(3): amended, on , by section 38(2) of the Radiocommunications Amendment Act 2000 (2000 No 8).
              • Section 112(3): amended, on , by section 2 of the Radiocommunications Amendment Act 1990 (1990 No 22).
              • Section 112(3)(a): amended, on , by section 38(3) of the Radiocommunications Amendment Act 2000 (2000 No 8).
              • Section 112(4): amended, on , by section 38(3) of the Radiocommunications Amendment Act 2000 (2000 No 8).