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Telecommunications (Interception Capability and Security) Act 2013

Interception capability duties - Exemptions

32: Decision-making process

You could also call this:

"How to make a decision about exempting someone from following the rules"

Illustration for Telecommunications (Interception Capability and Security) Act 2013

When you are thinking about giving an exemption under section 29(1), you must consider some things. You must think about national security or law enforcement interests and the number of customers or end-users of the network or service. You must also think about the cost of compliance and whether compliance could be achieved by another means. You must give more importance to national security or law enforcement interests when making your decision. You must talk to the surveillance agencies and the person who applied for the exemption about your proposed decision. You must write a notice to the person who applied for the exemption, or to the group of network operators, about your decision. You must explain why you made your decision in the notice, but you do not have to include secret security information. You can find more information about using secret security information in subpart 7 when making a decision about an exemption under section 29.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM5178064.

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Part 2Interception capability duties
Exemptions

32Decision-making process

  1. The designated officer must, when considering whether to grant, vary, or revoke an exemption under section 29(1), take account of all the following matters:

  2. national security or law enforcement interests; and
    1. the number of customers or end-users of the relevant network or service; and
      1. the cost of compliance with the obligation for which an exemption is sought; and
        1. whether compliance could be achieved appropriately by another means; and
          1. any other matter that the designated officer considers relevant in the circumstances.

            1. The designated officer must, when taking account of the matters set out in subsection (1), give primacy to subsection (1)(a).

            2. The designated officer must consult each of the surveillance agencies, as well as the applicant (if any), on the proposed decision.

            3. Repealed

            4. The designated officer must issue a written notice of the decision to the applicant or, in the case of a class exemption, to the class of network operators who are affected by the decision.

            5. Repealed

            6. The reasons for the decision must be set out in the written notice, except those parts of the reasons that would reveal classified security information.

            7. See subpart 7, which applies when a designated officer uses classified security information in making a decision to grant, vary, or revoke an exemption under section 29.

            Notes
            • Section 32(4): repealed, on , by section 50(1) of the Security Information in Proceedings (Repeals and Amendments) Act 2022 (2022 No 72).
            • Section 32(6): repealed, on , by section 3 of the Secondary Legislation Act 2021 (2021 No 7).
            • Section 32(6): inserted, on , by section 50(2) of the Security Information in Proceedings (Repeals and Amendments) Act 2022 (2022 No 72).
            • Section 32(7): inserted, on , by section 50(2) of the Security Information in Proceedings (Repeals and Amendments) Act 2022 (2022 No 72).