3Interpretation

1. In this Act, unless the context otherwise requires,—

   annual update means an update under section 69

   applicant means a person that applies for registration under section 61

   authorised person means any person authorised to execute or assist in the execution of an interception warrant or other lawful interception authority

   chief executive means a person occupying the position of chief executive, by whatever name called, or the person who performs substantially the same function

   classified security information has the meaning given by section 3A

   compliance order means an order made by the High Court under section 92

   customer means a person who receives telecommunications services from, and has an account or billing relationship with, a network operator

   designated officer means a person appointed under section 72

   Director means the Director-General of the Government Communications Security Bureau

   documents, in subpart 4 of Part 4, means documents (within the meaning of section 4(1) of the Evidence Act 2006) in the possession or under the control of the network operator

   end-user, in relation to a telecommunications service, means a person who is the ultimate recipient of that service or of another service the provision of which is dependent on that service

   equipment, in this Part and Parts 2 and 3, means both hardware and software

   full interception capability means the capability to intercept a telecommunication as described in section 10

   information, in subpart 4 of Part 4, means information in the possession or under the control of the network operator

   infrastructure-level service means any service that provides the physical medium over which telecommunications are transmitted (for example, optical fibre cable), but does not include the device or equipment that generates, transmits, or receives any telecommunication signal

   intelligence and security agency means—

   1. the New Zealand Security Intelligence Service; or
   2. the Government Communications Security Bureau

   intercept, in relation to a private telecommunication, includes hear, listen to, record, monitor, acquire, or receive the telecommunication—

   1. while it is taking place on a telecommunications network; or
   2. while it is in transit on a telecommunications network

   intercept accessible, in relation to a network or service, means the capability described in section 12

   intercept ready, in relation to a network or service, means the capability described in section 11

   interception warrant means—

   1. a surveillance device warrant issued under section 53 of the Search and Surveillance Act 2012 or subpart 6 of Part 3 of the Mutual Assistance in Criminal Matters Act 1992; or
   2. an intelligence warrant issued under Part 4 of the Intelligence and Security Act 2017

   law enforcement agency means—

   1. the New Zealand Police; or
   2. a specified law enforcement agency within the meaning of section 50 of the Search and Surveillance Act 2012 that is approved by an Order in Council under that section to use interception devices

   Minister means the Minister of the Crown who, under the authority of any warrant or with the authority of the Prime Minister, is for the time being responsible for the administration of this Act

   Minister for Communications and Information Technology means the Minister of the Crown who, under the authority of any warrant or with the authority of the Prime Minister, is for the time being responsible for communications and information technology

   Minister responsible for the Government Communications Security Bureau means the Minister who, under the authority of any warrant or with the authority of the Prime Minister, is for the time being responsible for the administration of the Government Communications Security Bureau

   Minister of Trade means the Minister of the Crown who, under the authority of any warrant or with the authority of the Prime Minister, is for the time being responsible for trade

   national security, in relation to New Zealand, includes its economic well-being

   network means a system comprising telecommunication links to permit telecommunication

   network operations centre means any part of an organisation or a network that is responsible for controlling the operation, performance, or security of a public telecommunications network (whether or not any of those activities are outsourced)

   network operator means—

   1. a person who owns, controls, or operates a public telecommunications network; or
   2. a person who supplies (whether by wholesale or retail) another person with the capability to provide a telecommunications service

   network security risk means any actual or potential security risk arising from—

   1. the design, build, or operation of a public telecommunications network; or
   2. any interconnection to or between public telecommunications networks in New Zealand or with telecommunications networks overseas

   other lawful interception authority—

   1. means an authorisation issued under Part 4 of the Intelligence and Security Act 2017 (within the meaning of section 47 of that Act); and
   2. includes an authority to intercept a private communication (whether in an urgent or emergency situation or otherwise) that is granted or issued to any member of a surveillance agency under any other enactment

   outsourcing arrangement means any arrangement (whether contractual or otherwise) entered into by a network operator and another person within New Zealand (other than a surveillance agency) that enables the sharing of services for the purpose of meeting any interception capability requirements in this Act

   public data network—

   1. means a data network used, or intended for use, in whole or in part, by the public; and
   2. includes, without limitation, the following facilities:
      1. Internet access; and
      2. email access

   public switched telephone network means a dial-up telephone network used, or intended for use, in whole or in part, by the public for the purposes of providing telecommunication between telecommunication devices

   public telecommunications network means—

   1. a public switched telephone network; and
   2. a public data network

   purely resold telecommunications service means any service—

   1. that is supplied or provided to a network operator (A); and
   2. that (A) resells, supplies, or provides to another person without making any technical modification to that service

   register means the register of network operators established under section 63

   Registrar means the person appointed as the Registrar of network operators under section 73

   responsible Ministers means—

   1. the Minister in charge of the New Zealand Security Intelligence Service; and
   2. the Minister responsible for the Government Communications Security Bureau; and
   3. the Minister of Police

   security risk means any actual or potential risk to New Zealand's national security

   service provider—

   1. means any person who, from within or outside New Zealand, provides or makes available in New Zealand a telecommunications service to an end-user (whether or not as part of a business undertaking and regardless of the nature of that business undertaking); but
   2. does not include a network operator

   significant network security risk means a network security risk that is a significant risk to New Zealand's national security

   surveillance agency means—

   1. a law enforcement agency; or
   2. an intelligence and security agency

   telecommunication—

   1. means the conveyance by electromagnetic means from one device to another of any encrypted or non-encrypted sign, signal, impulse, writing, image, sound, instruction, information, or intelligence of any nature, whether for the information of any person using the device or not; but
   2. does not include any conveyance that constitutes broadcasting (within the meaning of section 2(1) of the Broadcasting Act 1989)

   telecommunication device—

   1. means any terminal device capable of being used for transmitting or receiving a telecommunication over a network; and
   2. includes a telephone device

   telecommunication link means any line, radio frequency, or other medium used for telecommunication

   telecommunications service means any goods, services, equipment, and facilities that enable or facilitate telecommunication

   telephone device means any terminal device capable of being used for transmitting or receiving any communications over a network designed for the transmission of voice frequency communication

   traffic data has the meaning given in section 3AB

   wholesale network service means a service, other than an infrastructure-level service or a purely resold telecommunications service, that—

   1. is provided by a network operator (network operator A) only to 1 or more other network operators; and
   2. is provided exclusively over 1 or more networks that are owned, controlled, or operated by network operator A.

2. Repealed