Radiocommunications Act 1989

Reprint as at 5 December 2013

Radiocommunications Act 1989

Public Act1989 No 148
Date of assent19 December 1989
Commencement19 December 1989

Note

Changes authorised by subpart 2 of Part 2 of the Legislation Act 2012 have been made in this reprint.

Note 4 at the end of this reprint provides a list of the amendments incorporated.

This Act is administered by the Ministry of Business, Innovation, and Employment.


Contents

Title

1 Short Title

2 Interpretation

3 Act to bind the Crown

Part 1
Administration

4 Appointment of Registrar and Deputy Registrars

5 Register of Radio Frequencies

6 Form of register

6A Documents to be received in evidence

7 Registrar to have and use seal of office [Repealed]

8 Sealed documents to be received in evidence [Repealed]

Part 2
Radio frequencies registered under this Act

9 Applications to register radio frequencies

10 Registration of management rights for radio frequencies

11 Record of management rights

11A Creation of successive records of management rights

11B Variation of conditions in record of management rights

12 Part 13 to cease to apply to frequencies registered under this Act [Repealed]

Part 3
Registration

13 When instruments deemed registered

14 Instruments to be in duplicate and witnessed [Repealed]

15 Priority according to time of registration

16 Application for registration

17 Registration procedure

18 Procedure in relation to defective applications for registration

19 Failure to comply with requisition

20 Fees in relation to defective applications

21 Copies of documents and requisitions

22 Returned instrument deemed not to have been presented for registration

23 Application for correction of register

24 Correction of register

24A Duty to notify change of name or address

25 Registrar's duties in relation to registration of spectrum licences

25A Matters relevant to radio engineer's certificate under section 25

26 Registration of spectrum licences and modifications where management rights mortgaged

27 Instruments not effectual until registered

28 Register to be open for search

29 Registrar to issue search copies

30 Certified copies of register to be evidence

31 High Court may investigate cases of lost instruments

32 Court may order registration of interest

33 Expiry of registration

Part 4
Record of management rights

Content of record of management rights

34 Content of record of management rights

Power floors

34A Power floors applying when radio frequencies registered under Act

34B Modification of power floors

34C Power floors applying after creation of records of management rights under section 45(1), 47(1), or 47B(1)

Management rights ceiling

34D Ceiling for management rights

Protection limits

35 Protection limit applying when radio frequencies registered under Act

36 Modification of protection limit

37 Protection limit applying after creation of records of management rights under section 45(1), 47(1), or 47B(1)

Adjacent frequencies emission limits

38 Restriction on registration of adjacent frequencies emission limits

39 Adjacent frequencies emission limits applying when radio frequencies registered under Act

40 Modification of adjacent frequencies emission limits

41 Adjacent frequencies emission limits applying after creation of records of management rights under section 45(1), 47(1), or 47B(1)

Part 5
Transfers and aggregations of management rights

42 Transfer by manager

43 New record of management rights unnecessary if management rights in respect of all frequencies transferred

44 Record of management rights to be cancelled on transfer of part of range of frequencies

45 New records of management rights to be created for portion transferred and for balance

46 Aggregation of management rights with common boundary

47 New record of management rights to be created for all rights to which request under section 46 relates

47A Aggregation of current and successive management rights

47B New record of management rights to be created for all rights to which request under section 47A relates

Part 6
Registration of rightholders

48 Creation of spectrum licence by manager

49 Contents of spectrum licence

50 Contents of licence to transmit unwanted emissions [Repealed]

51 Contents of licence conferring right to have no interference [Repealed]

52 Reference number of spectrum licence

53 Unwanted emission limits applying to licence [Repealed]

54 Modification of unwanted emission limits [Repealed]

54A Modification of frequencies on a licence [Repealed]

55 Transmissions by persons with agreement of rightholder

55A Transmissions in accordance with general user spectrum licences

56 Transfer of spectrum licence

57 Modification or cancellation of spectrum licence by rightholder alone

57A Modification or cancellation of spectrum licence by manager alone

57B Modification or cancellation of spectrum licence by rightholder and manager

57C Modification of spectrum licence where 2 or more managers

57D Registrar's duties in relation to registration of modification or cancellation of spectrum licence

57E Matters relevant to radio engineer's certificate under section 57D

Part 7
Guarantee of management rights to registered managers

Guarantee of management rights

58 Guarantee of management rights

Protection of purchasers

59 Purchasers from registered manager or rightholder not affected by notice

60 No liability on bona fide purchaser or mortgagee

Compensation

61 Compensation for mistake or misfeasance of Registrar

62 Compensation for loss occurring after search and before registration

63 Notice of action to be served on Attorney-General and Registrar

64 Recovery of compensation paid and costs in case of fraud

65 Recovery of compensation paid where loss caused by solicitor's negligence

Part 8
General provisions

Additional powers of Registrar

66 Registrar may require production of documents, etc

Appeals

67 Appeals against decisions of Registrar

68 Procedure on appeals

69 Court may refer appeals back for reconsideration

Offences

70 Fraudulently procuring registration

Miscellaneous provisions

71 Registrar not bound to attend court or produce register without court order

72 Liability of officers

72A Matters relevant to radio engineer's certificate [Repealed]

Part 9
Mortgages

73 Mortgage to take effect as security only

74 Forms of mortgage

75 Alteration of terms of mortgage by endorsement

76 Consent to variation of mortgage

77 Variation of priority of mortgages

78 Rights of mortgagee

79 Restriction on exercise of power of sale

80 Notice to subsequent mortgagee

81 Court may permit mortgagee to exercise power before period expired

82 Restriction on action to recover deficiency

83 No contracting out

84 Application of purchase money

85 Transfer by mortgagee

86 Discharge of mortgage

Part 10
Acquisitions by operation of law, caveats

Acquisitions by operation of law

87 Person claiming under operation of law may apply to have interest registered

88 Procedure on application

Caveats

89 Caveat against dealing with radio frequencies

90 Service of notices as to caveats

91 Effect of caveat

92 Notice of caveat to be given to persons affected

93 Procedure for removal of caveat

94 Lapse of caveat against dealings

95 Person entering or maintaining caveat without due cause liable for damages

96 Caveat may be withdrawn

97 No second caveat may be entered

Part 11
Rights and duties of managers and rightholders

98 Rights conferred by registration as manager

99 Rights conferred on rightholder by spectrum licence

100 Rights of holders of certain licences [Repealed]

101 Requirements to be complied with in exercise of rights

102 Compliance with unwanted emission limits

103 Transmission other than in accordance with spectrum licence

104 Transmission under radio licence not affected

Part 12
Interference

Interference to receivers

105 Interference to receivers

Interference caused by lawful transmission and reception

106 Definitions for sections 108 to 109C

107 Sections 106 to 109C apply where transmissions not commenced

108 Notice of harmful interference

109 Reference to arbitration by Secretary

109A Matters relevant to arbitration

109B Offence to transmit in breach of Secretary's direction

109C Powers when deciding disputes

Part 13
Radio licences

110 Part to apply to frequencies unless or until record of management rights registered and rights commence

111 Granting of radio licences

112 Secretary to have regard to Government policy

113 Offences

114 Presumptions

115 Radiocommunication within territorial limits

116 Regulations

Part 14
Enforcement and remedies

Civil proceedings

117 Actions for damages for contravention of section 103

118 Injunction may be granted for contravention of section 103

119 Injunction may be granted for failure to comply with section 107(3) [Repealed]

Powers to obtain evidence

120 Powers to obtain evidence

121 Powers conferred by warrant [Repealed]

122 Person executing warrant to produce evidence of authority and identity [Repealed]

123 Schedule of evidence taken to be prepared [Repealed]

124 Duty to provide all reasonable facilities and assistance [Repealed]

125 Power to inspect and take copies of documents, etc [Repealed]

126 Offence [Repealed]

127 Proceedings privileged [Repealed]

Penalties

128 Penalties

128A Commission of infringement offence

128B Infringement notices

129 Forfeiture

Part 15
Miscellaneous provisions

Approval of radio engineers

130 Approval of radio engineers

Licensing of supply of radio apparatus

131 Licensing of supply of radio apparatus

132 Offence

Reference standards

133 Secretary may issue reference standards

133A Offence to disclose contents of radiocommunications

Regulations

134 Regulations

134AA Secretary may prescribe forms

134A Regulations prohibiting unauthorised broadcasting from high seas

135 Regulations prescribing fees

Recovery of fees

136 Recovery of fees

Distress calls

137 Distress calls

Application of Commerce Act 1986

138 Application of Commerce Act 1986 to acquisition or disposition of management rights or licence in relation to radio frequencies

Repeals and consequential amendments

139 Repeals and consequential amendments

Part 16
Transitional provisions

140 Licences granted under Part 2 of Telecommunications Act 1987

141 Regulations deemed to have been made under this Act

142 Saving for documents made or acts done under Part 2 of Telecommunications Act 1987

143 Forms approved by Secretary may be used where no form prescribed [Expired]

Transitional rights in relation to Schedule 4 frequencies

144 Interpretation

145 Transitional rights in relation to frequencies in Schedule 4

146 Incumbents in relation to Schedule 4 frequencies

146A Transfer of rights of incumbents in relation to television services

147 Broadcasting Tribunal to certify incumbents

148 Incumbent to give notice of intention to exercise transitional right

149 Payments for licences

150 Payment of annual levy

151 Lump sum payment

152 Return to accompany lump sum payment

153 Transferee liable for payments

Transitional rights in relation to AMPS B Band

154 Interpretation

155 Transitional rights in relation to AMPS B Band

156 Incumbent to give notice of intention to exercise transitional right

157 Payments for management rights

158 Payment of annual levy

159 Lump sum payment

160 Return to accompany lump sum payment

161 Transferee liable for payments

Transitional rights in relation to 2 frequency land mobile

162 Transitional rights in relation to frequencies in Schedule 6

163 Incumbent to give notice of intention to exercise transitional right

164 Payments for licences

165 Payment of annual fee

166 Lump sum payment

167 Transferee liable for payments

168 Payment for registration as manager

169 User of frequency entitled to be registered as manager

Transitional rights in relation to Schedule 7 frequencies

170 Bodies specified in Schedule 7 entitled to licence

171 Continuation of advertising restrictions, etc

172 Amendment of advertising restrictions, etc

Transitional rights of other licenceholders under Part 13

173 Transitional rights of other licenceholders under Part 13

Special provisions relating to Radio New Zealand Limited

174 Radio New Zealand Limited entitled to certain frequencies

175 Conditions of licences relating to the FM Concert Programme and National Radio

176 Conditions to lapse if public funding ceases

177 Conditions of licences relating to AM Network

178 Conditions of licences relating to 2YB service

Crown not entitled to transitional rights

179 Crown not entitled to transitional rights

Conditions deemed to be incorporated in licences granted to TV3

180 Conditions deemed to be incorporated in licences granted to TV3

Miscellaneous provisions

181 Priorities under Part 12 of licences granted to incumbents

182 Payments inclusive of goods and services tax

183 Recovery of payments

Schedule 1
Requirements in relation to radio licences and spectrum licences

Schedule 2
Enactments consequentially amended

Schedule 3
Regulations deemed to have been made pursuant to this Act

Schedule 4
Frequencies to which section 145 applies

Schedule 5
AMPS B Band

Schedule 6
2 frequency land mobile frequencies

Schedule 7
Entitlements to specific licences

Schedule 8
General provisions relating to material incorporated by reference in regulations

Radiocommunications Amendment Act 2000

Reprint notes


An Act to provide for the management of the radio frequency spectrum