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Radiocommunications Act 1989

Miscellaneous provisions - Regulations

134A: Regulations prohibiting unauthorised broadcasting from high seas

You could also call this:

"Rules to Stop Unauthorised Broadcasting from the High Seas"

Illustration for Radiocommunications Act 1989

The Governor-General can make rules to stop unauthorised broadcasting from the high seas. You can be punished if you break these rules and you are on a New Zealand ship, or the broadcast can be heard in New Zealand. The rules can say you have to pay a fine of up to $20,000. If you break the rules, you might be arrested and have to go to court. The Attorney-General must agree before you can be taken to court. You can be held in custody or on bail until the Attorney-General agrees. The rules say what broadcasting and New Zealand ship mean, and you can find these meanings in the Broadcasting Act 1989 and the Maritime Transport Act 1994. These rules are secondary legislation, which means they are made under another law, and you can learn more about this in Part 3 of the Legislation Act 2019. The rules can also say that a ship can be detained if someone on it breaks the rules.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM197904.

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Part 15Miscellaneous provisions
Regulations

134ARegulations prohibiting unauthorised broadcasting from high seas

  1. The Governor-General may from time to time, by Order in Council, make regulations prohibiting broadcasting contrary to international regulations from a ship or installation on the high seas.

  2. Regulations made under subsection (1) may make a breach of the regulations an offence punishable on conviction in New Zealand if—

  3. the ship is a New Zealand ship; or
    1. the installation is registered in New Zealand; or
      1. the person engaged in broadcasting is a New Zealand citizen or ordinarily resident in New Zealand; or
        1. the broadcast can be received in New Zealand; or
          1. radiocommunication within the territorial limits of New Zealand is suffering interference.

            1. Regulations made under subsection (1) may prescribe fines, not exceeding $20,000 in any case, for any breach of the regulations and provide for the detention of any ship or installation on which a breach of the regulations is alleged to have occurred or has occurred, pending the institution and determination of proceedings in respect of the breach and pending the recovery of any fine imposed in respect of the breach.

            2. Notwithstanding anything in any other enactment, proceedings for the trial and punishment of any person charged with having committed an offence against regulations made under subsection (1) shall not be instituted in any court except with the consent of the Attorney-General and on the Attorney-General's certificate that it is expedient that the proceedings should be instituted.

            3. A person alleged to have committed an offence against regulations made under subsection (1) may be arrested or a warrant for the person's arrest may be issued and executed, and the person may be remanded in custody or on bail, notwithstanding that the consent of the Attorney-General to the institution of proceedings for the offence has not been obtained; but no further or other proceedings shall be taken until that consent has been obtained.

            4. In this section,—

              broadcasting has the same meaning as it has in the Broadcasting Act 1989

                New Zealand ship has the same meaning as it has in the Maritime Transport Act 1994

                  ship has the same meaning as it has in the Maritime Transport Act 1994.

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

                  Notes
                  • Section 134A: inserted, on , by section 2 of the Radiocommunications Amendment Act 1996 (1996 No 76).
                  • Section 134A(2): amended, on , by section 413 of the Criminal Procedure Act 2011 (2011 No 81).
                  • Section 134A(7): inserted, on , by section 3 of the Secondary Legislation Act 2021 (2021 No 7).