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Telecommunications (Interception Capability and Security) Act 2013

Interception capability duties - Exemptions - Application to Minister

37: Regulations relating to class exemptions

You could also call this:

"Rules about who doesn't have to follow some telecommunications laws"

Illustration for Telecommunications (Interception Capability and Security) Act 2013

The Governor-General can make regulations about exemptions for some network operators. You need to know that these regulations can exempt them from certain requirements in sections like sections 9 and section 10. The Minister must consider certain matters and consult other Ministers before recommending these regulations. The regulations can apply to all or part of a service or network. The Minister has to consult the responsible Ministers and the Minister for Communications and Information Technology. Regulations made under this section are secondary legislation, which has its own publication requirements, as outlined in Part 3 of the Legislation Act 2019. These regulations can exempt network operators from requirements in section 13 and section 11, as well as section 23.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM5178066.

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Part 2Interception capability duties
Exemptions: Application to Minister

37Regulations relating to class exemptions

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

  2. granting, subject to subsection (2), a class of network operators an exemption from all or any of the requirements of sections 9 and 10:
    1. granting a 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. granting a class of network operators an exemption from all or any of the requirements of section 23.

        1. Regulations 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. Regulations under subsection (1) may, without limitation, apply to all or part of a specified service or network or class of service or network.

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

        4. taken account of the matters set out in section 36(3) and (4); and
          1. consulted the responsible Ministers and the Minister for Communications and Information Technology.

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

            Notes
            • Section 37(5): inserted, on , by section 3 of the Secondary Legislation Act 2021 (2021 No 7).