Radiocommunications Act 1989

Transitional provisions - Transitional rights in relation to AMPS B Band

161: Transferee liable for payments

You could also call this:

"If you take over someone's frequency rights, you must pay their fees."

Illustration for Radiocommunications Act 1989

You are taking over someone's rights to manage a frequency. You have to pay any fees that the original person would have paid. The rules about paying fees, as outlined in sections 157 to 160, apply to you. If you are related to the original person, they might have to pay the fees instead. This happens when you and the original person are associated, as defined in subpart YB of the Income Tax Act 2007. In this case, the original person pays the fees as if they still managed the frequency. You have to follow the same rules as the original person when it comes to paying fees. This means you pay fees as if you were the original person. The original person might pay fees if you are related, as explained before.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM197990.

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

Topics:

Business > Industry rules

160: Return to accompany lump sum payment, or

"Send a return with your lump sum payment to show your income"

162: Transitional rights in relation to frequencies in Schedule 6, or

"Old radio licences still apply to some frequencies"

Part 16Transitional provisions
Transitional rights in relation to AMPS B Band

161Transferee liable for payments

Where the management rights in relation to any frequency in respect of which an incumbent is registered as manager pursuant to section 155 are transferred to any other person, any payment that would have been required by section 157(1) to be made in respect of the incumbent's registration as manager if those management rights had not been transferred shall be payable by the transferee, and sections 157 to 160 shall apply accordingly as if the transferee were the incumbent.
Notwithstanding anything in subsection (1), where the management rights in relation to any frequency in respect of which an incumbent is registered as manager pursuant to section 155 are transferred to any other person, and the incumbent and the transferee are associated persons within the meaning of subpart YB of the Income Tax Act 2007, any payment that would have been required by subsection (1) to be made in respect of the transferee's registration as manager shall be payable by the incumbent as if those management rights had not been transferred.

Notes

Section 161(2): amended, on 1 April 2010, by section 861 of the Taxation (International Taxation, Life Insurance, and Remedial Matters) Act 2009 (2009 No 34).
Section 161(2): amended, on 1 April 2008 (effective for 2008–09 income year and later income years, except when the context requires otherwise), by section ZA 2(1) of the Income Tax Act 2007 (2007 No 97).