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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

19: Direction

You could also call this:

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

Illustration for Telecommunications (Interception Capability and Security) Act 2013

The Minister can give a direction to a network operator. You need to know the Minister must think about what certain people and the network operator think before giving a direction. The Minister must also think about the things listed in section 18(3) and (4). The Minister can give a direction to make a network or service do something different. This can be to make it intercept ready or to follow sections 9 and 10. The Minister must give the direction in writing to the network operator. The Minister must say when the network operator must follow the direction. The Minister must also say why they made the decision, but they do not have to say anything that is classified. You can find more information about classified information in subpart 7. The Minister cannot ask someone else to make a direction, except for another Minister. The Minister must make sure the network operator knows what to do and when to do it. The Minister's direction is important and the network operator must follow it.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM5178047.

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

19Direction

  1. The Minister must not make a direction under this section unless the Minister—

  2. has taken into account the views, if any, of the persons referred to in section 18(2) and the affected network operator; and
    1. has taken into account the matters set out in section 18(3) and (4); and
      1. is satisfied on reasonable grounds that the direction is necessary for reasons of national security or law enforcement or both.

        1. The Minister may,—

        2. in the case of a network or service that under section 13 must be intercept ready, direct that the network or service or part of the network or service must instead comply with sections 9 and 10:
          1. in the case of an infrastructure-level service that under section 14 does not have to comply with sections 9 and 10, direct that the service or part of that service must instead—
            1. be intercept accessible; or
              1. be intercept ready; or
                1. comply with sections 9 and 10:
                2. in the case of a wholesale network service that by the operation of section 15 must be intercept accessible, direct that the service or part of the service must instead—
                  1. be intercept ready; or
                    1. comply with sections 9 and 10.

                    2. The Minister must issue the direction by written notice to the affected network operator.

                    3. The Minister must specify in the direction a time, which must be reasonable in the circumstances, by which the network operator must comply with the direction.

                    4. The reasons for the decision must be set out in the direction, except those parts of the reasons that would reveal classified information.

                    5. See subpart 7, which applies when the Minister uses classified security information in making a decision to make a direction under this section.

                    6. The Minister must not delegate to any person, other than another Minister, the power to make a direction under this section.

                    Notes
                    • Section 19(3): amended, on , by section 49(1) of the Security Information in Proceedings (Repeals and Amendments) Act 2022 (2022 No 72).
                    • Section 19(5A): inserted, on , by section 49(2) of the Security Information in Proceedings (Repeals and Amendments) Act 2022 (2022 No 72).