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Telecommunications (Interception Capability and Security) Act 2013

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

90: Enforcement notice may be issued for serious non-compliance

You could also call this:

"Breaking the rules can lead to a warning notice if it's serious."

Illustration for Telecommunications (Interception Capability and Security) Act 2013

You might get an enforcement notice if a surveillance agency thinks you have not done what you are supposed to do under this Act. The agency must have good reasons to think this and believe your non-compliance is serious. The agency can serve you with an enforcement notice to tell you they think you have not complied with your duties. You will be informed through the notice that the agency believes you have not done what you were supposed to do and that this is serious. The notice will also tell you that the agency might take you to the High Court on or after a certain date. This is because the agency thinks you have not followed the rules and your non-compliance is serious.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM5178159.

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

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

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91: Application for compliance order or pecuniary penalty order, or

"Surveillance agencies can ask the High Court for orders to make someone follow the law."

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

90Enforcement notice may be issued for serious non-compliance

  1. This section applies if a surveillance agency considers on reasonable grounds that—

  2. a person has a duty under this Act; and
    1. the person has not complied with that duty; and
      1. the non-compliance is serious.

        1. The surveillance agency may serve a notice on a person under this section (an enforcement notice) to inform that person that the surveillance agency—

        2. is satisfied that the person has not complied with the duties specified in the notice and that the non-compliance is serious; and
          1. may make an application to the High Court under this subpart on or after a specified date.