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Telecommunications (Interception Capability and Security) Act 2013

Registration, enforcement, and miscellaneous provisions - Enforcement - Breach notices and enforcement notices

89: Breach notice may request consent to enter and inspect in connection with duties under Part 2

You could also call this:

"What happens if you get a notice for not following the rules, and someone wants to inspect your place?"

Illustration for Telecommunications (Interception Capability and Security) Act 2013

You get a breach notice if you fail to do something you must do under Part 2 of the Telecommunications Act. The notice can ask you to let someone from the surveillance agency come into your place to gather evidence about what you did wrong. They want to check information, documents, or equipment related to your duties under Part 2. You can be asked to let them make records or take copies of documents. If the notice asks you to do this, it must tell you why and what might happen with the evidence they gather. It must also tell you that you can say yes or no to the request. If you say yes, the surveillance agency can come in and do what they asked for. A relevant place is somewhere you own, occupy, or control that has information or documents about your duties under Part 2. The surveillance agency must have a good reason to think this place has what they are looking for.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM5178157.

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88: Breach notice may be issued for minor non-compliance, or

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Part 4Registration, enforcement, and miscellaneous provisions
Enforcement: Breach notices and enforcement notices

89Breach notice may request consent to enter and inspect in connection with duties under Part 2

  1. This section applies if a breach notice relates to a failure to comply with a duty under Part 2.

  2. A breach notice may request a network operator to consent to the surveillance agency entering a relevant place for the purpose of gathering evidence relating to the failure referred to in subsection (1) by—

  3. inspecting and making records of information, documents, or equipment that is related to the network operator's duties under Part 2; and
    1. taking copies of those documents or extracts from those documents.

      1. If a breach notice contains a request under subsection (2), the notice must also—

      2. advise the network operator of the reason for the request; and
        1. advise the network operator that the evidence that is gathered may be admissible in proceedings relating to the failure referred to in subsection (1); and
          1. advise the network operator that it may either consent to the request or refuse to consent to the request.

            1. If the network operator consents to the request, the surveillance agency (including any employee or other person acting on its behalf) may carry out an entry, an inspection, and any other action referred to in subsection (2) in accordance with the terms of the consent.

            2. In this section, relevant place means a place—

            3. that is owned, occupied, or controlled by the network operator; and
              1. that the surveillance agency believes on reasonable grounds contains information, documents, or equipment that is related to the network operator's duties under Part 2.