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Telecommunications (Interception Capability and Security) Act 2013

Interception capability duties - Exemptions - Application to Minister

36: Decision-making process

You could also call this:

"How the Minister makes a decision about your application"

Illustration for Telecommunications (Interception Capability and Security) Act 2013

When you apply to the Minister, they must talk to other Ministers and the Minister for Communications and Information Technology before making a decision. The Minister must make a decision as soon as they can. They consider things like national security, the number of customers, and the cost of compliance when deciding. The Minister gives priority to national security when making a decision. They tell you their decision in writing and explain why they made it, but they might not tell you everything if it's classified security information. You can look at subpart 7 to see what happens when the Minister uses classified security information to make a decision.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM5626114.

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Part 2Interception capability duties
Exemptions: Application to Minister

36Decision-making process

  1. The Minister must consult the responsible Ministers and the Minister for Communications and Information Technology before making a decision on the application.

  2. The Minister must decide the application as soon as is practicable.

  3. The Minister must, when considering whether to grant, vary, or revoke an exemption, take account of the following matters:

  4. national security or law enforcement interests; and
    1. the number of customers or end-users of the relevant network or service; and
      1. the cost of compliance with the obligation for which an exemption is sought; and
        1. whether compliance could be achieved appropriately by another means; and
          1. any other matter that the Minister considers relevant in the circumstances.

            1. The Minister must, when taking account of the matters set out in subsection (3), give primacy to subsection (3)(a).

            2. Repealed

            3. The Minister must issue a written notice of the decision to the applicant or, in the case of a class exemption, to the class of network operators who are affected by the decision.

            4. Repealed

            5. The reasons for the decision must be set out in the written notice, except those parts of the reasons that would reveal classified security information.

            6. See subpart 7, which applies when the Minister uses classified security information in making a decision to grant, vary, or revoke an exemption.

            Notes
            • Section 36(5): repealed, on , by section 51(1) of the Security Information in Proceedings (Repeals and Amendments) Act 2022 (2022 No 72).
            • Section 36(7): repealed, on , by section 3 of the Secondary Legislation Act 2021 (2021 No 7).
            • Section 36(7): inserted, on , by section 51(2) of the Security Information in Proceedings (Repeals and Amendments) Act 2022 (2022 No 72).
            • Section 36(8): inserted, on , by section 51(2) of the Security Information in Proceedings (Repeals and Amendments) Act 2022 (2022 No 72).