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Telecommunications (Interception Capability and Security) Act 2013

Network security - Process for preventing or mitigating network security risks

50: Consideration of network security risk by Director or Minister

You could also call this:

"Checking if something might harm New Zealand's phone and internet networks"

Illustration for Telecommunications (Interception Capability and Security) Act 2013

When you are looking at network security risks, the Director or the Minister must think about how likely it is that the problem will affect the public telecommunications network. They must consider if it will compromise or degrade the network. They must also think about if it will impair the confidentiality, availability, or integrity of telecommunications across the network. The Director or Minister must think about how an event like this will affect important services like central or local government services, finance sector services, or health services. They must consider the potential effect on these services. They can also think about any other matter they consider relevant. If a decision or action has been proposed or has already started, the Director or Minister must consider if it will give rise to a network security risk. They must think about if the decision or action will affect the network security. The Director or Minister has to consider these things when looking at network security risks.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM5626115.

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"The Director can let a network operator off some rules if it's safe."

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51: Process for addressing network security risks, or

"What happens when a network plan is not secure"

Part 3Network security
Process for preventing or mitigating network security risks

50Consideration of network security risk by Director or Minister

  1. When considering whether a network security risk or significant network security risk is raised under this Part, the Director, or if the case requires, the Minister responsible for the Government Communications Security Bureau,—

  2. must consider the likelihood that the matter giving rise to the risk will lead to—
    1. the compromising or degrading of the public telecommunications network; and
      1. the impairment of the confidentiality, availability, or integrity of telecommunications across the network; and
      2. must consider the potential effect that an event described in paragraph (a)(i) or (ii) will have on the provision of—
        1. central or local government services:
          1. services within the finance sector:
            1. services within the energy sector:
              1. services within the food sector:
                1. communication services:
                  1. transport services:
                    1. health services:
                      1. education services; and
                      2. may consider any other matter that the Director or Minister considers relevant.

                        1. In subsection (1)(a), the matter giving rise to the risk means—

                        2. any proposed decision, course of action, or change that, if implemented, will give rise to the network security risk or significant network security risk; or
                          1. any decision that has been implemented, binding legal arrangement, or course of action or change that has commenced that gives rise to the network security risk or significant network security risk.