Radiocommunications Act 1989

Radio licences

116: Regulations

You could also call this:

"Rules about radio licences and transmitting radio waves"

Illustration for Radiocommunications Act 1989

The Governor-General can make rules about radio licences. You need a radio licence to transmit radio waves on certain frequencies. The rules can say how to apply for a licence and what conditions you must follow. The Governor-General can also make rules about general user radio licences. These licences let anyone transmit radio waves on certain frequencies. The rules can say how to apply for a general user radio licence and what conditions you must follow. The Secretary can grant exemptions from needing a radio licence. This means you do not need a licence to transmit radio waves using certain equipment. You must follow the conditions in Schedule 1 when transmitting radio waves. The Governor-General can make rules about how radio licences are allocated. This can be done by competitive tender, auction, or other means. You may have to pay the Crown to get a radio licence. The Governor-General can also make rules about protecting radio transmissions from interference. The rules can say how to apply for a radio licence and what conditions you must follow. If you break the rules, you can commit an offence. The rules made by the Governor-General are secondary legislation, which is explained in Part 3 of the Legislation Act 2019. These rules are important for managing radio frequencies in New Zealand. You can find more information about these rules and how they apply to you.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM197345.

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Part 13Radio licences

116Regulations

  1. The Governor-General may from time to time, by Order in Council, make regulations—

  2. providing for the making of applications for, and the granting of, radio licences granting to holders the right to transmit radio waves on specified frequencies; and providing for the terms and conditions subject to which radio licences may be granted, amended, transferred, suspended, or revoked (including the amending of those terms and conditions):
    1. providing for the making of applications for, and the granting of, general user radio licences granting to every person the right to transmit radio waves on any frequency specified in the licence; and providing for the terms and conditions subject to which general user radio licences may be granted, amended, transferred, suspended, or revoked (including the amending of those terms and conditions):
      1. authorising the Secretary to grant exemptions from the requirement for a radio licence in respect of the transmission of radio waves using certain radio apparatus, where the Secretary is satisfied that a licence is not required for the efficient and effective management of the radio frequency spectrum:
        1. requiring, as a condition of a radio licence or a condition of an exemption from the requirement to obtain a radio licence, that every transmission comply with Schedule 1:
          1. providing for the allocation of radio licences by competitive tender, auction, or by any other means, and for the payment of consideration to the Crown for the allocation:
            1. providing for the making of applications for, and the granting of, radio licences, providing for the protection from harmful interference from co-channel emissions; and providing for the terms and conditions subject to which radio licences may be granted, amended, transferred, suspended, or revoked (including the amending of those terms and conditions):
              1. prescribing offences in respect of contraventions of any regulations made under this section.
                1. No regulation made under this section is invalid because it leaves any matter to the discretion of the Secretary or any other person or because it authorises the Secretary or any other person to give any consent or approval or to set any standard on or subject to conditions to be approved by the Secretary.

                2. Regulations under this section are secondary legislation (see Part 3 of the Legislation Act 2019 for publication requirements).

                Notes
                • Section 116(1): substituted, on , by section 41 of the Radiocommunications Amendment Act 2000 (2000 No 8).
                • Section 116(1)(a): substituted, on , by section 28(1) of the Radiocommunications Amendment Act 2006 (2006 No 54).
                • Section 116(1)(b): substituted, on , by section 28(1) of the Radiocommunications Amendment Act 2006 (2006 No 54).
                • Section 116(1)(e): substituted, on , by section 28(2) of the Radiocommunications Amendment Act 2006 (2006 No 54).
                • Section 116(1)(f): substituted, on , by section 28(2) of the Radiocommunications Amendment Act 2006 (2006 No 54).
                • Section 116(2): amended, on , by section 3 of the Secondary Legislation Act 2021 (2021 No 7).
                • Section 116(3): inserted, on , by section 3 of the Secondary Legislation Act 2021 (2021 No 7).