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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

20: Regulations

You could also call this:

"Rules made by the Governor-General to help intercept networks and services"

Illustration for Telecommunications (Interception Capability and Security) Act 2013

The Governor-General can make regulations on the Minister's recommendation. You need to know what these regulations are about. They are about making sure networks and services can be intercepted. The Minister must talk to the telecommunications industry before recommending regulations. You will see a notice on the Ministry's website about the proposed regulations. The Minister must think about any submissions made about the proposal. The regulations must be published, as they are secondary legislation, see Part 3 of the Legislation Act 2019 for publication requirements. The Minister has to make sure there is enough time for people to comply with the regulations. The regulations can require networks and services to be intercept accessible or ready, or to comply with sections 9 and 10.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM5178048.

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

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"Some phone and internet links don't need to be able to intercept messages."

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

20Regulations

  1. The Governor-General may, by Order in Council, on the recommendation of the Minister, make regulations—

  2. requiring all or part of a specified class of network or service to which section 13 applies to comply with sections 9 and 10:
    1. requiring all or part of a specified class of infrastructure-level service to which section 14 applies to—
      1. be intercept accessible; or
        1. be intercept ready; or
          1. comply with sections 9 and 10:
          2. requiring all or part of a specified class of wholesale network services to which section 15 applies to—
            1. be intercept ready; or
              1. comply with sections 9 and 10.

              2. The Minister must not recommend the making of regulations under subsection (1) unless the Minister—

              3. has consulted with the telecommunications industry in accordance with the process set out in subsection (3):
                1. has taken account of the matters set out in section 18(3) and (4); and
                  1. has consulted with the responsible Ministers and the Minister for Communications and Information Technology; and
                    1. is satisfied that the commencement of the regulations allows for a reasonable time for compliance.

                      1. The consultation process referred to in subsection (2)(a) requires that the Minister—

                      2. publish, on an Internet site operated by the Ministry, a notice that—
                        1. sets out the effect of the proposed regulations (proposal); and
                          1. invites submissions on the proposal to be made by a specified date; and
                          2. consider the submissions (if any) on the proposal.

                            1. Regulations under this section are secondary legislation (see Part 3 of the Legislation Act 2019 for publication requirements).

                            Notes
                            • Section 20(4): inserted, on , by section 3 of the Secondary Legislation Act 2021 (2021 No 7).