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Telecommunications (Interception Capability and Security) Act 2013

Registration, enforcement, and miscellaneous provisions - Miscellaneous provisions - Costs

116: Surveillance agency not required to pay costs

You could also call this:

"Surveillance agencies don't have to pay extra costs if network operators don't follow the rules"

Illustration for Telecommunications (Interception Capability and Security) Act 2013

You are part of a surveillance agency and you think a network operator has not done what they are supposed to do under this Act. This can increase the costs or time it takes for you to do your job, or make it harder for you to do it. You do not have to pay the network operator for the costs they incur when helping you, as stated in section 115 and section 24. When this happens, it means the network operator did not comply with their duties, which can affect your work. You can decide not to pay the costs because the network operator's actions made your job more difficult. This is what is meant by an interception warrant or authority, which is a legal document that allows you to do your job. If the network operator's non-compliance increases your costs or time, you are not responsible for paying their costs. This applies to the costs mentioned in section 115 and the help the network operator gives you under section 24. You can still do your job without paying the network operator's costs.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM5178183.

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115: Costs incurred in assisting surveillance agencies, or

"Surveillance agencies must pay network operators for their help"

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Part 4Registration, enforcement, and miscellaneous provisions
Miscellaneous provisions: Costs

116Surveillance agency not required to pay costs

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

  2. a network operator has not complied with any of the duties under this Act; and
    1. the non-compliance has—
      1. materially increased the costs incurred by the agency in the execution of an interception warrant or authority; or
        1. materially increased the time that would otherwise be required to execute an interception warrant or authority; or
          1. otherwise materially prejudiced the agency in executing an interception warrant or authority.

          2. The surveillance agency is not required to pay the costs referred to in section 115 that are incurred by the network operator in providing assistance to the agency under section 24 in relation to the execution of the interception warrant or authority.

          3. In this section, interception warrant or authority means an interception warrant or other lawful interception authority.