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Telecommunications (Interception Capability and Security) Act 2013

Interception capability duties - Ministerial directions - Minister may require service providers to have same obligations as network operators

39: Review

You could also call this:

"Checking a decision made by the Minister about telecommunications or security"

Illustration for Telecommunications (Interception Capability and Security) Act 2013

If the Minister makes a direction under section 38, you can ask for a review of the decision. The Minister must choose three people with the right skills to look at the decision again. These people must have experience in areas like telecommunications or national security. The review panel looks at all the information and makes a recommendation to the Minister. The Minister then decides what to do with the direction. You get to see a summary of the review panel's recommendations, but not any secret security information. You can also look at subpart 7 for more information about what happens if the review panel uses secret security information. The Minister considers the review panel's recommendations and decides what to do next. You are told what the review panel recommends and why, except for any secret security information.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM5178070.

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Part 2Interception capability duties
Ministerial directions: Minister may require service providers to have same obligations as network operators

39Review

  1. If a direction is made under section 38, the affected service provider may request a review of the Minister’s decision.

  2. On receiving a request for review, the Minister must appoint 3 suitably qualified persons to form a review panel.

  3. In subsection (2), a person is suitably qualified if the person—

  4. has experience in—
    1. telecommunications technology; or
      1. national security or law enforcement; or
        1. competition in telecommunications markets; or
          1. international relations or international law; and
          2. does not have any conflict of interest in relation to the direction; and
            1. has or is able to obtain an appropriate security clearance.

              1. The review panel must—

              2. review all relevant submissions made to the Minister, and take into account all other relevant information; and
                1. make recommendations to the Minister on whether the service provider should be treated as a network operator.

                  1. The Minister must, after considering the recommendations of the review panel, vary, confirm, or revoke the direction.

                  2. A summary of the review panel’s recommendations and reasons must be provided to the affected service provider, except those parts of the reasons that would reveal classified security information.

                  3. See subpart 7, which applies when a review panel uses classified security information in making recommendations under this section and the Minister decides to confirm or vary the direction.

                  Notes
                  • Section 39(6): amended, on , by section 52(1) of the Security Information in Proceedings (Repeals and Amendments) Act 2022 (2022 No 72).
                  • Section 39(7): inserted, on , by section 52(2) of the Security Information in Proceedings (Repeals and Amendments) Act 2022 (2022 No 72).