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Telecommunications (Interception Capability and Security) Act 2013

Interception capability duties - Duty to have full interception capability

9: Network operators must ensure public telecommunications networks and telecommunications services have full interception capability

You could also call this:

"Network operators must help police intercept telecommunications by making sure their networks can be tapped."

Illustration for Telecommunications (Interception Capability and Security) Act 2013

You need to know that network operators have a big job. They must make sure the public telecommunications networks and services they own or control can be fully intercepted. This means they have to ensure that at least one part of the network or service can be intercepted. They also have to develop, install, and maintain this interception capability. You should understand that network operators do not have to make every single part of the network or service interceptable. They just have to make sure that at least one part can be intercepted. This is so they can comply with the law. Network operators have to do this for all the public telecommunications networks and services they provide in New Zealand. They have to make sure these networks and services can be fully intercepted. This is an important part of their job.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM5178030.

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8: Principles relating to network security, or

"Keeping Networks Secure: Fixing Risks Early"

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10: When duty to have full interception capability is complied with, or

"When phone and internet companies must help intercept communications"

Part 2Interception capability duties
Duty to have full interception capability

9Network operators must ensure public telecommunications networks and telecommunications services have full interception capability

  1. A network operator must ensure that every public telecommunications network that the operator owns, controls, or operates, and every telecommunications service that the operator provides in New Zealand, has full interception capability.

  2. However, subsection (1)—

  3. does not require a network operator to ensure that all components of the public telecommunications network or telecommunications service referred to in that subsection have full interception capability; and
    1. is sufficiently complied with if a network operator ensures, in whatever manner the network operator thinks fit, that at least 1 component of that network or service has full interception capability.

      1. Without limiting subsection (1), the duty under that subsection to have full interception capability includes the duty to ensure that the interception capability is developed, installed, and maintained.