Telecommunications (Interception Capability and Security) Act 2013

Interception capability duties - Exemptions - Application to Minister

35: Effect of application for exemption or variation

You could also call this:

"What happens when you ask to be exempt or change a rule under the law"

Illustration for Telecommunications (Interception Capability and Security) Act 2013

When you apply for an exemption or variation under section 33, something happens from the date the designated officer makes a decision under section 32(5) to the date the Minister decides on your application. If you apply for an exemption, you are treated as being exempt from the obligation you are seeking exemption from. If you apply to vary an exemption, the exemption is treated as being in force with the changes you requested. When the Minister decides on your application, this rule stops applying. However, there is an exception to this rule. If the Minister thinks you are repeatedly seeking the same exemption or variation and the Minister has told you this, the rule does not apply to you. The Minister must have a good reason to think you are doing this and must notify you. This means the rule about being treated as exempt or having a varied exemption does not apply if the Minister has reasonable grounds to believe you are persistently seeking the same outcome despite being refused. You will know if this applies to you because the Minister will tell you.

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This page was last updated on 26 November 2025

View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM5626113.

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34: Minister may grant, vary, or revoke exemption, or

"The Minister can allow some network operators to not follow certain rules, and can change or cancel these allowances."

36: Decision-making process, or

"How the Minister makes a decision about your application"

Part 2Interception capability duties
Exemptions: Application to Minister

35Effect of application for exemption or variation

The effect of an application under section 33 is that from the date that the designated officer's decision is issued under section 32(5) to the date that the Minister's decision on the application is notified,—
in the case of an application for exemption, the applicant is treated as being exempt from the obligation for which the exemption is sought; or
in the case of an application to vary an exemption, the exemption is treated as being in force as varied.

Subsection (1) does not apply to an applicant if—
the Minister considers, on reasonable grounds, that the applicant is persistently or repeatedly seeking the same or a similar exemption or variation in relation to the same matter, or seeking the same outcome, despite the application being refused; and
the Minister has notified the applicant accordingly.