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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

41: Regulations relating to service providers

You could also call this:

"Rules for Service Providers to Follow"

Illustration for Telecommunications (Interception Capability and Security) Act 2013

The Governor-General can make rules for service providers. You must follow these rules if you are a service provider. The rules say you must do one of these things: comply with certain duties, be intercept ready, or be intercept accessible. You will have the same obligations and rights as a network operator, except for some specific sections. The Minister must talk to the telecommunications industry before making these rules. They must also think about certain matters and talk to other Ministers. The Minister will publish a notice on the internet about the proposed rules and ask for feedback. If you are a service provider, these rules will apply to you as if you were a network operator. The rules are secondary legislation, which means they are made under an Act of Parliament, see Part 3 of the Legislation Act 2019 for publication requirements.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM5178072.

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

41Regulations relating to service providers

  1. The Governor-General may, by Order in Council, on the recommendation of the Minister, make regulations specifying that a class of service providers must—

  2. comply with one of the following duties:
    1. the duty to comply with sections 9 and 10:
      1. the duty to be intercept ready:
        1. the duty to be intercept accessible; and
        2. be treated as having the same obligations and rights as a network operator under this Part (except for sections 13 to 20, and 23) and Parts 1 and 4.

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

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

          3. has consulted the telecommunications industry in accordance with the process set out in subsection (4); and
            1. has taken account of the matters set out in section 38(7) and (8); and
              1. has consulted with the Ministers referred to in section 38(5).

                1. The consultation process referred to in subsection (3)(a) requires that the Minister—

                2. publish, on an Internet site operated by the Ministry, a notice that—
                  1. sets out the effect of the proposed regulations (proposal); and
                    1. invites submissions on the proposal to be made by a specified date; and
                    2. consider the submissions (if any) on the proposal.

                      1. The effect of the regulations is that this Part (except for sections 13 to 20, and 23) and Parts 1 and 4 apply to a service provider falling within a class specified in the regulations, as if the service provider were a network operator under this Act.

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

                      Notes
                      • Section 41(6): inserted, on , by section 3 of the Secondary Legislation Act 2021 (2021 No 7).