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Telecommunications (Interception Capability and Security) Act 2013

Interception capability duties - Exemptions

30: Application for exemption

You could also call this:

"Apply to be exempt from some rules"

Illustration for Telecommunications (Interception Capability and Security) Act 2013

You can apply to a designated officer for an exemption under section 29(1). The officer will tell you they got your application as soon as they can. They will also tell you their decision as soon as they can, which is usually within 20 working days. You might need to wait longer for a decision if your application is about many services, or if it raises new or complex issues. The officer can also take longer if responding quickly would interfere with a surveillance agency's work. In these cases, the officer will tell you why they need more time and when you can expect a decision. The officer might need up to three months to make a decision, or a longer time that you both agree on. They will send you a notice explaining why they need more time and when you can expect a decision. This notice will tell you the new deadline for the officer's decision.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM5178062.

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29: Exemption, or

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

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"What happens when you ask to be exempt or change a rule"

Part 2Interception capability duties
Exemptions

30Application for exemption

  1. A network operator may apply to a designated officer for an exemption or a variation or revocation of an exemption under section 29(1).

  2. The designated officer must notify the applicant of receipt of the application as soon as practicable.

  3. The designated officer must advise the applicant of the decision as soon as practicable and no later than 20 working days after receipt of the application.

  4. The designated officer may extend the time referred to in subsection (3) if—

  5. the application relates to multiple services; or
    1. the application raises new or complex technical or legal issues; or
      1. responding within that time would cause unreasonable interference with the operations of a surveillance agency.

        1. If subsection (4) applies, the designated officer must—

        2. extend the time referred to in subsection (3) to a date not later than 3 months after receipt of the application, or to any later date to which the designated officer and the applicant have agreed; and
          1. give the applicant a notice of extension within 20 working days of receiving the application.

            1. The notice of extension must set out the reasons for the extension and the new time by which the designated officer must respond.