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Radiocommunications Act 1989

Miscellaneous provisions - Reference standards

133A: Offence to disclose contents of radiocommunications

You could also call this:

"It's an offence to use or share private radio messages meant for someone else"

Illustration for Radiocommunications Act 1989

You commit an offence if you get a radiocommunication that was not meant for you and you use it or tell others about it. You must not make use of the radiocommunication or any information from it, reproduce it, or disclose its existence. This rule does not apply if the radiocommunication was intercepted by certain people, like the Secretary or a constable, for specific purposes, such as ensuring compliance with the Act or maintaining law and order. You are allowed to intercept radiocommunications if you are doing it under certain laws, like the Intelligence and Security Act 2017, or if you are a member of the New Zealand Defence Force and it is for a specific purpose, such as those outlined in section 5(a) to (d) of the Defence Act 1990. An intelligence and security agency includes the New Zealand Security Intelligence Service and the Government Communications Security Bureau. However, subsection 2 does not allow the interception of private communications as defined in section 216A of the Crimes Act 1961. Certain laws, such as Part 1 of the Telecommunications (Residual Provisions) Act 1987, or Part 4 of the Intelligence and Security Act 2017, give authority to intercept radiocommunications. You can find more information about these laws by looking at the links to the Telecommunications (Residual Provisions) Act 1987 and the Intelligence and Security Act 2017. These laws explain when it is okay to intercept radiocommunications and what you can and cannot do with the information you get from them.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM197387.

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Part 15Miscellaneous provisions
Reference standards

133AOffence to disclose contents of radiocommunications

  1. Every person commits an offence against this Act who receives a radiocommunication and who, knowing that the radiocommunication was not intended for that person,—

  2. makes use of the radiocommunication or any information derived from that radiocommunication; or
    1. reproduces or causes or permits to be reproduced the radiocommunication or information derived from that radiocommunication; or
      1. discloses the existence of the radiocommunication.

        1. Subsection (1) does not apply to any radiocommunications intercepted—

        2. by the Secretary for the purpose of ensuring compliance with this Act; or
          1. by a constable, a Customs officer, or any other class of law enforcement official listed in regulations made under this Act for the purpose of avoiding prejudice to the maintenance of the law, including the detection, prevention, investigation, prosecution, and punishment of offences; or
            1. by an employee of an intelligence and security agency for the purpose of performing the function under section 10 of the Intelligence and Security Act 2017; or
              1. by a member of the New Zealand Defence Force, in connection with any of the purposes specified in section 5(a) to (d) of the Defence Act 1990; or
                1. by a person acting under, and in accordance with, any authority conferred on him or her by or under—
                  1. Part 1 of the Telecommunications (Residual Provisions) Act 1987; or
                    1. Part 4 of the Intelligence and Security Act 2017; or
                        1. the Misuse of Drugs Amendment Act 1978; or
                          1. the International Terrorism (Emergency Powers) Act 1987.

                          2. In this section, intelligence and security agency means—

                          3. the New Zealand Security Intelligence Service:
                            1. the Government Communications Security Bureau.

                              1. Subsection (2) does not authorise the interception of any private communications within the meaning of section 216A of the Crimes Act 1961.

                              Notes
                              • Section 133A: inserted, on , by section 46 of the Radiocommunications Amendment Act 2000 (2000 No 8).
                              • Section 133A(2)(b): amended, on , pursuant to section 116(a)(ii) of the Policing Act 2008 (2008 No 72).
                              • Section 133A(2)(c): replaced, on , by section 335 of the Intelligence and Security Act 2017 (2017 No 10).
                              • Section 133A(2)(e)(i): amended, on , pursuant to section 159(3) of the Telecommunications Act 2001 (2001 No 103).
                              • Section 133A(2)(e)(ii): replaced, on , by section 335 of the Intelligence and Security Act 2017 (2017 No 10).
                              • Section 133A(2)(e)(iia): repealed, on , by section 335 of the Intelligence and Security Act 2017 (2017 No 10).
                              • Section 133A(3): replaced, on , by section 335 of the Intelligence and Security Act 2017 (2017 No 10).
                              • Section 133A(4): amended, on , by section 32(3) of the Government Communications Security Bureau Act 2003 (2003 No 9).