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Telecommunications (Interception Capability and Security) Act 2013

Interception capability duties - Exemptions

29: Exemption

You could also call this:

"Getting an exemption means some rules don't apply to you"

Illustration for Telecommunications (Interception Capability and Security) Act 2013

You can get an exemption from some rules. A designated officer can grant this exemption. They can exempt a network operator from rules in sections 9 and 10. They can also exempt a network operator from rules in section 13 and section 11. You can get an exemption from rules in section 23. The designated officer can change or cancel an exemption. An exemption must not affect rules that protect your privacy. An exemption can apply to a service, network, or class of service or network. It can have terms and conditions. The designated officer can grant an exemption with or without asking. An exemption is secondary legislation, which has its own publication rules, as explained in Part 3 of the Legislation Act 2019, unless it only applies to one or more named network operators.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM5178061.

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"Telling the Director about deals to help follow interception rules"

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30: Application for exemption, or

"Apply to be exempt from some rules"

Part 2Interception capability duties
Exemptions

29Exemption

  1. A designated officer may, in accordance with section 32,—

  2. grant, subject to subsection (2), a network operator or class of network operators an exemption from all or any of the requirements of sections 9 and 10:
    1. grant a network operator or class of network operators an exemption from all or any of the requirements of section 13 and, in relation to the requirement under that section that the network or service be intercept ready, from all or any of the requirements of section 11:
      1. grant a network operator or a class of network operators an exemption from all or any of the requirements of section 23:
        1. vary or revoke an exemption referred to in paragraph (a), (b), or (c).

          1. An exemption under subsection (1)(a) must not affect the requirements in section 10 that relate to the ability to protect the privacy of telecommunications that are not authorised to be intercepted under an interception warrant or any other lawful authority.

          2. An exemption under subsection (1)—

          3. may, without limitation, apply to all or part of a specified service or network or class of service or network; and
            1. may be subject to any terms and conditions specified by the designated officer.

              1. The designated officer may grant an exemption under subsection (1) with or without application from a network operator.

              2. An exemption, revocation, or variation under this section is secondary legislation (see Part 3 of the Legislation Act 2019 for publication requirements), unless it applies only to 1 or more named network operators.

              Notes
              • Section 29(5): inserted, on , by section 3 of the Secondary Legislation Act 2021 (2021 No 7).