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Telecommunications (Interception Capability and Security) Act 2013

Interception capability duties - Exemptions - Application to Minister

34: Minister may grant, vary, or revoke exemption

You could also call this:

"The Minister can allow some network operators to not follow certain rules, and can change or cancel these allowances."

Illustration for Telecommunications (Interception Capability and Security) Act 2013

The Minister can grant exemptions to network operators from certain rules. You can get an exemption from rules in sections like section 9 and section 10. The Minister can also change or cancel exemptions. The Minister can grant exemptions from other rules, like those in section 13 and section 11. You can also get an exemption from rules in section 23. The Minister can change or cancel these exemptions too. If you get an exemption, it may have conditions attached. The exemption can apply to all or part of a service or network. It can also be subject to terms and conditions set by the Minister. When the Minister grants, changes, or cancels an exemption, it is considered secondary legislation, which has its own publication requirements, as outlined 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=DLM5178065.

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33: Application to Minister, or

"Apply to the Minister if Your Exemption Application is Declined"

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

Part 2Interception capability duties
Exemptions: Application to Minister

34Minister may grant, vary, or revoke exemption

  1. The Minister may, in accordance with section 36,—

  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 Minister.

              1. 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 34(4): inserted, on , by section 3 of the Secondary Legislation Act 2021 (2021 No 7).