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Telecommunications (Interception Capability and Security) Act 2013

Network security - Process for preventing or mitigating network security risks

57: Minister may make direction

You could also call this:

"The Minister can give directions to keep New Zealand's network secure and safe."

Illustration for Telecommunications (Interception Capability and Security) Act 2013

The Minister can make a direction to help keep New Zealand's network secure. You need to know the Minister can only do this if they have looked at a matter referred under section 54 or 55, and considered submissions from the network operator. The Minister must also think about the report from the Commissioner under section 56. The Minister has to consider many things before making a direction, like how it will affect the network operator and New Zealand. The Minister must make sure the direction is fair and does not hurt competition or innovation. The Minister must also follow the principle in section 8(4) and think about the impact on trade. The Minister can tell a network operator to take steps to fix a security risk. This might mean stopping an activity or making changes to a system. The Minister must give the network operator a reasonable amount of time to comply with the direction. The Minister must give the direction in writing and explain why it is necessary. However, the Minister does not have to share secret security information. The Minister cannot delegate this power to just anyone, only to another Minister.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM5678504.

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56: Review by Commissioner of Intelligence Warrants, or

"A Commissioner checks if a big risk to network security is real and writes a report."

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57A: Provisions that apply when classified security information used or provided for decisions, or

"Rules for using secret information when making decisions"

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

57Minister may make direction

  1. The Minister responsible for the Government Communications Security Bureau may make a direction under this section only if the Minister—

  2. has been referred a matter under section 54 or 55; and
    1. has considered any submissions from the affected network operator; and
      1. has considered the report of the Commissioner under section 56; and
        1. has consulted the Minister for Communications and Information Technology and the Minister of Trade; and
          1. is satisfied that exercising his or her powers under this section is necessary to prevent, sufficiently mitigate, or remove a significant network security risk.

            1. Before making a direction under this section, the Minister must—

            2. have regard to—
              1. the nature and extent of the network security risk:
                1. the impact on the network operator of meeting costs associated with the direction:
                  1. the potential consequences that the direction may have on competition and innovation in telecommunications markets:
                    1. the anticipated benefits to New Zealand from preventing, sufficiently mitigating, or removing the network security risk:
                      1. the principle in section 8(4):
                        1. the potential impact of the direction on trade:
                          1. any other matters that the Minister considers relevant; and
                          2. be satisfied that the direction is consistent with the purpose in section 7.

                            1. A direction under this section—

                            2. may require a network operator to take steps, as specified by the Minister, to prevent, sufficiently mitigate, or remove the significant network security risk, and those steps may include—
                              1. requiring the network operator to cease a particular activity or to do or refrain from doing a particular activity in the future; or
                                1. directing the network operator to make changes to, or remove, any particular system, equipment, service, component, or operation on or related to the network; and
                                2. may provide for any other relevant matter.

                                  1. The Minister must ensure that any time by which a network operator must comply with a requirement of the direction is specified in the direction and is reasonable in the circumstances.

                                  2. The Minister must issue the direction in writing to the affected network operator together with reasons, except those parts of the reasons that would reveal classified security information.

                                  3. The Minister must not delegate to any person, other than another Minister, the power to make a direction under this section.

                                  Notes
                                  • Section 57(5): amended, on , by section 56 of the Security Information in Proceedings (Repeals and Amendments) Act 2022 (2022 No 72).