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Telecommunications (Interception Capability and Security) Act 2013

Registration, enforcement, and miscellaneous provisions - Enforcement - Pecuniary penalty orders

97: Pecuniary penalty for contravention of duties or compliance order

You could also call this:

"Breaking the rules can mean a fine from the High Court"

Illustration for Telecommunications (Interception Capability and Security) Act 2013

You can get a fine if you do not follow the rules in the Telecommunications Act. The High Court can give you a fine if a surveillance agency proves you did not comply with the rules. The court decides how much you have to pay. You might get a fine if you break a compliance order. The court looks at what you did and decides if you should pay a fine. You have to pay the fine to the Crown. The court can start a case against you within three years of finding out what you did. This time starts when the problem was discovered or should have been discovered. The court then decides what to do next.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM5178169.

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98: Amount of pecuniary penalty, or

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Part 4Registration, enforcement, and miscellaneous provisions
Enforcement: Pecuniary penalty orders

97Pecuniary penalty for contravention of duties or compliance order

  1. This section applies if the High Court is satisfied, on the application of a surveillance agency, that a person—

  2. has not complied with any of the duties under this Act and that the non-compliance is serious; or
    1. has acted in contravention of a compliance order.

      1. The court may order the person to pay to the Crown any pecuniary penalty that the court determines to be appropriate.

      2. Proceedings under this section may be commenced within 3 years after the matter giving rise to the contravention was discovered or ought reasonably to have been discovered.