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Telecommunications (Interception Capability and Security) Act 2013

Interception capability duties - Formatting

42: Notice relating to formatting

You could also call this:

"The Minister decides how to format intercepted info and asks for feedback online."

Illustration for Telecommunications (Interception Capability and Security) Act 2013

The Minister can decide how traffic data and telecommunications content must be given when an interception warrant is used. You need to know that the Minister must talk to the telecommunications industry before making this decision. The Minister will put a notice on a website and ask for feedback. The Minister's decision can include standards or rules from other countries, like the European Telecommunications Standards Institute. This decision is a type of law, and you can find out more about how it is published by looking at Part 3 of the Legislation Act 2019. Some parts of the Legislation Act 2019 do not apply to the standards or rules that are included in the Minister's decision, as explained in Subpart 1 of Part 3 and section 114 of the Legislation Act 2019. The Minister must consider any feedback before making a final decision. This helps ensure the decision is well thought out. You can learn more about how this process works.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM5178076.

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Part 2Interception capability duties
Formatting

42Notice relating to formatting

  1. The Minister may determine the format in which traffic data and the content of a telecommunication must be able to be obtained under an interception warrant or any other lawful interception authority.

  2. Before making a determination under subsection (1), the Minister must consult the telecommunications industry by—

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

        1. The determination may incorporate by reference all or part of any standard, specification, or requirement that is published by or on behalf of any body or person in any country, including any standard from the European Telecommunications Standards Institute.

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

        3. Subpart 1 of Part 3 and section 114 of the Legislation Act 2019 do not apply to material that is incorporated by reference under subsection (3) merely because it is incorporated.

        Notes
        • Section 42(1): amended, on , by section 54 of the Budapest Convention and Related Matters Legislation Amendment Act 2025 (2025 No 39).
        • Section 42(1): amended, on , by section 3 of the Secondary Legislation Act 2021 (2021 No 7).
        • Section 42(3): amended, on , by section 3 of the Secondary Legislation Act 2021 (2021 No 7).
        • Section 42(4): replaced, on , by section 3 of the Secondary Legislation Act 2021 (2021 No 7).
        • Section 42(5): inserted, on , by section 3 of the Secondary Legislation Act 2021 (2021 No 7).