New Zealand Legislation: Acts
Acts are laws made by Parliament
Reprint as at 7 July 2010
| Public Act | 1989 No 148 |
| Date of assent | 19 December 1989 |
| Commencement | 19 December 1989 |
Changes authorised by section 17C of the Acts and Regulations Publication Act 1989 have been made in this reprint.
A general outline of these changes is set out in the notes at the end of this reprint, together with other explanatory material about this reprint.
This Act is administered by the Ministry of Economic Development.
4 Appointment of Registrar and Deputy Registrars
5 Register of Radio Frequencies
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7 Registrar to have and use seal of office [Repealed]
8 Sealed documents to be received in evidence [Repealed]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12 Part 13 to cease to apply to frequencies registered under this Act [Repealed]
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14 Instruments to be in duplicate and witnessed [Repealed]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
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
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
Part 4
Record of management rights
Content of record of management rights
34 Content of record of management rights
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)
34D Ceiling for management rights
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
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
59 Purchasers from registered manager or rightholder not affected by notice
60 No liability on bona fide purchaser or mortgagee
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
Additional powers of Registrar
66 Registrar may require production of documents, etc
67 Appeals against decisions of Registrar
69 Court may refer appeals back for reconsideration
70 Fraudulently procuring registration
71 Registrar not bound to attend court or produce register without court order
72A Matters relevant to radio engineer's certificate [Repealed]
73 Mortgage to take effect as security only
75 Alteration of terms of mortgage by endorsement
76 Consent to variation of mortgage
77 Variation of priority of mortgages
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
84 Application of purchase money
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
89 Caveat against dealing with radio frequencies
90 Service of notices as to caveats
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
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
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
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
115 Radiocommunication within territorial limits
Part 14
Enforcement and remedies
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]
121 Powers conferred by warrant
122 Person executing warrant to produce evidence of authority and identity
123 Schedule of evidence taken to be prepared
124 Duty to provide all reasonable facilities and assistance
125 Power to inspect and take copies of documents, etc
128A Commission of infringement offence
Part 15
Miscellaneous provisions
130 Approval of radio engineers
Licensing of supply of radio apparatus
131 Licensing of supply of radio apparatus
133 Secretary may issue reference standards
133A Offence to disclose contents of radiocommunications
134AA Secretary may prescribe forms
134A Regulations prohibiting unauthorised broadcasting from high seas
135 Regulations prescribing fees
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
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
152 Return to accompany lump sum payment
153 Transferee liable for payments
Transitional rights in relation to AMPS B Band
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
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
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
181 Priorities under Part 12 of licences granted to incumbents
182 Payments inclusive of goods and services tax
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 6
2 frequency land mobile frequencies
Schedule 7
Entitlements to specific licences
Schedule 8
General provisions relating to material incorporated by reference in regulations
An Act to provide for the management of the radio frequency spectrum
