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Telecommunications (Interception Capability and Security) Act 2013

Interception capability duties - Reduced duties - Ministerial directions and regulations relating to lower-level compliance duties

18: Process following application for direction

You could also call this:

"What happens after someone asks the Minister to make a decision about intercepting communications?"

Illustration for Telecommunications (Interception Capability and Security) Act 2013

You can make submissions to the Minister about an application for direction within a certain time. This time is specified in the notice mentioned in section 17(2). The Minister will look at your submissions. The Minister must talk to other Ministers and the Minister for Communications and Information Technology. The Minister has to think about some important things when making a decision. You want to know what these things are. The Minister must consider whether the current level of interception capability affects national security or law enforcement. The Minister also thinks about whether the cost of compliance would seriously harm the network operator's business. The Minister considers whether new duties would unreasonably affect telecommunications services or competition in New Zealand. The Minister looks at whether new duties would create barriers to new technologies or considers any other relevant matters. The Minister must prioritise national security or law enforcement when making a decision. This means the Minister thinks about whether the current level of interception capability affects these areas first. Then the Minister thinks about the other important things.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM5178046.

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17: Application for direction, or

"Asking for a direction to protect national security or law enforcement"

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19: Direction, or

"The Minister can give a written direction to a network operator to make changes."

Part 2Interception capability duties
Reduced duties: Ministerial directions and regulations relating to lower-level compliance duties

18Process following application for direction

  1. The affected network operator may make submissions to the Minister in relation to the application for direction within the time specified in the notice referred to in section 17(2).

  2. The Minister must consult with the responsible Ministers and the Minister for Communications and Information Technology.

  3. The matters that the Minister must take into account are—

  4. whether the current level of interception capability on the affected network or service adversely affects national security or law enforcement; and
    1. whether the cost of compliance would have a serious adverse effect on the business of the network operator; and
      1. whether the new duties would unreasonably impair the provision of telecommunications services in New Zealand or competition in telecommunications markets or create barriers to the introduction of new or innovative technologies; and
        1. any other matter that the Minister considers relevant in the circumstances.

          1. The Minister must give primacy to the matter described in subsection (3)(a).