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Telecommunications (Interception Capability and Security) Act 2013

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

91: Application for compliance order or pecuniary penalty order

You could also call this:

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

Illustration for Telecommunications (Interception Capability and Security) Act 2013

You can apply to the High Court for a compliance order or a pecuniary penalty order under section 92 or 97 if you are a surveillance agency. You must have given an enforcement notice and made the application on or after a certain date, which is specified under section 90(2)‎(b). You can apply for an order under section 97 without following these rules if the application is about someone not following a compliance order. You must be a surveillance agency to apply for these orders. This means only a surveillance agency, or someone working for them, can make this application to the High Court. No one else can apply for an order under section 92 or 97. If you are a surveillance agency, there is an exception to the rules. You can apply for an order under section 97 without giving an enforcement notice first. This exception only applies if the application is about someone not following a compliance order.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM5178161.

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

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

91Application for compliance order or pecuniary penalty order

  1. A surveillance agency may apply to the High Court for an order under section 92 or 97 (or both) only if—

  2. it has given an enforcement notice; and
    1. the application is made on or after the date specified under section 90(2)(b).

      1. However, a surveillance agency may apply to the High Court for an order under section 97 in relation to a contravention of a compliance order without complying with subsection (1).

      2. No person other than a surveillance agency (or an employee or other person acting on its behalf) may make an application for an order under section 92 or 97.