Radiocommunications Act 1989

Reprint as at 1 March 2016

Coat of Arms of New Zealand

Radiocommunications Act 1989

Public Act
 
1989 No 148
Date of assent
 
19 December 1989
Commencement
 
19 December 1989
Note

Changes authorised by subpart 2 of Part 2 of the Legislation Act 2012 have been made in this official 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
1Short Title
2Interpretation
3Act to bind the Crown
4Appointment of Registrar and Deputy Registrars
5Register of Radio Frequencies
6Form of register
6ADocuments to be received in evidence
7Registrar to have and use seal of office [Repealed]
8Sealed documents to be received in evidence [Repealed]
9Applications to register radio frequencies
10Registration of management rights for radio frequencies
11Record of management rights
11ACreation of successive records of management rights
11BVariation of conditions in record of management rights
12Part 13 to cease to apply to frequencies registered under this Act [Repealed]
13When instruments deemed registered
14Instruments to be in duplicate and witnessed [Repealed]
15Priority according to time of registration
16Application for registration
17Registration procedure
18Procedure in relation to defective applications for registration
19Failure to comply with requisition
20Fees in relation to defective applications
21Copies of documents and requisitions
22Returned instrument deemed not to have been presented for registration
23Application for correction of register
24Correction of register
24ADuty to notify change of name or address
25Registrar’s duties in relation to registration of spectrum licences
25AMatters relevant to radio engineer’s certificate under section 25
26Registration of spectrum licences and modifications where management rights mortgaged
27Instruments not effectual until registered
28Register to be open for search
29Registrar to issue search copies
30Certified copies of register to be evidence
31High Court may investigate cases of lost instruments
32Court may order registration of interest
33Expiry of registration
34Content of record of management rights
34APower floors applying when radio frequencies registered under Act
34BModification of power floors
34CPower floors applying after creation of records of management rights under section 45(1), 47(1), or 47B(1)
34DCeiling for management rights
35Protection limit applying when radio frequencies registered under Act
36Modification of protection limit
37Protection limit applying after creation of records of management rights under section 45(1), 47(1), or 47B(1)
38Restriction on registration of adjacent frequencies emission limits
39Adjacent frequencies emission limits applying when radio frequencies registered under Act
40Modification of adjacent frequencies emission limits
41Adjacent frequencies emission limits applying after creation of records of management rights under section 45(1), 47(1), or 47B(1)
42Transfer by manager
43New record of management rights unnecessary if management rights in respect of all frequencies transferred
44Record of management rights to be cancelled on transfer of part of range of frequencies
45New records of management rights to be created for portion transferred and for balance
46Aggregation of management rights with common boundary
47New record of management rights to be created for all rights to which request under section 46 relates
47AAggregation of current and successive management rights
47BNew record of management rights to be created for all rights to which request under section 47A relates
48Creation of spectrum licence by manager
49Contents of spectrum licence
50Contents of licence to transmit unwanted emissions [Repealed]
51Contents of licence conferring right to have no interference [Repealed]
52Reference number of spectrum licence
53Unwanted emission limits applying to licence [Repealed]
54Modification of unwanted emission limits [Repealed]
54AModification of frequencies on a licence [Repealed]
55Transmissions by persons with agreement of rightholder
55ATransmissions in accordance with general user spectrum licences
56Transfer of spectrum licence
57Modification or cancellation of spectrum licence by rightholder alone
57AModification or cancellation of spectrum licence by manager alone
57BModification or cancellation of spectrum licence by rightholder and manager
57CModification of spectrum licence where 2 or more managers
57DRegistrar’s duties in relation to registration of modification or cancellation of spectrum licence
57EMatters relevant to radio engineer’s certificate under section 57D
58Guarantee of management rights
59Purchasers from registered manager or rightholder not affected by notice
60No liability on bona fide purchaser or mortgagee
61Compensation for mistake or misfeasance of Registrar
62Compensation for loss occurring after search and before registration
63Notice of action to be served on Attorney-General and Registrar
64Recovery of compensation paid and costs in case of fraud
65Recovery of compensation paid where loss caused by solicitor’s negligence
66Registrar may require production of documents, etc
67Appeals against decisions of Registrar
68Procedure on appeals
69Court may refer appeals back for reconsideration
70Fraudulently procuring registration
71Registrar not bound to attend court or produce register without court order
72Liability of officers
72AMatters relevant to radio engineer’s certificate [Repealed]
73Mortgage to take effect as security only
74Forms of mortgage
75Alteration of terms of mortgage by endorsement
76Consent to variation of mortgage
77Variation of priority of mortgages
78Rights of mortgagee
79Restriction on exercise of power of sale
80Notice to subsequent mortgagee
81Court may permit mortgagee to exercise power before period expired
82Restriction on action to recover deficiency
83No contracting out
84Application of purchase money
85Transfer by mortgagee
86Discharge of mortgage
87Person claiming under operation of law may apply to have interest registered
88Procedure on application
89Caveat against dealing with radio frequencies
90Service of notices as to caveats
91Effect of caveat
92Notice of caveat to be given to persons affected
93Procedure for removal of caveat
94Lapse of caveat against dealings
95Person entering or maintaining caveat without due cause liable for damages
96Caveat may be withdrawn
97No second caveat may be entered
98Rights conferred by registration as manager
99Rights conferred on rightholder by spectrum licence
100Rights of holders of certain licences [Repealed]
101Requirements to be complied with in exercise of rights
102Compliance with unwanted emission limits
103Transmission other than in accordance with spectrum licence
104Transmission under radio licence not affected
105Interference to receivers
106Definitions for sections 108 to 109C
107Sections 106 to 109C apply where transmissions not commenced
108Notice of harmful interference
109Reference to arbitration by Secretary
109AMatters relevant to arbitration
109BOffence to transmit in breach of Secretary’s direction
109CPowers when deciding disputes
110Part to apply to frequencies unless or until record of management rights registered and rights commence
111Granting of radio licences
112Secretary to have regard to Government policy
113Offences
114Presumptions
115Radiocommunication within territorial limits
116Regulations
117Actions for damages for contravention of section 103
118Injunction may be granted for contravention of section 103
119Injunction may be granted for failure to comply with section 107(3) [Repealed]
120Powers to obtain evidence
121Powers conferred by warrant [Repealed]
122Person executing warrant to produce evidence of authority and identity [Repealed]
123Schedule of evidence taken to be prepared [Repealed]
124Duty to provide all reasonable facilities and assistance [Repealed]
125Power to inspect and take copies of documents, etc [Repealed]
126Offence [Repealed]
127Proceedings privileged [Repealed]
128Penalties
128ACommission of infringement offence
128BInfringement notices
129Forfeiture
130Approval of radio engineers
131Licensing of supply of radio apparatus
132Offence
133Secretary may issue reference standards
133AOffence to disclose contents of radiocommunications
134Regulations
134AASecretary may prescribe forms
134ARegulations prohibiting unauthorised broadcasting from high seas
135Regulations prescribing fees
136Recovery of fees
137Distress calls
138Application of Commerce Act 1986 to acquisition or disposition of management rights or licence in relation to radio frequencies
139Repeals and consequential amendments
140Licences granted under Part 2 of Telecommunications Act 1987
141Regulations deemed to have been made under this Act
142Saving for documents made or acts done under Part 2 of Telecommunications Act 1987
143Forms approved by Secretary may be used where no form prescribed [Expired]
144Interpretation
145Transitional rights in relation to frequencies in Schedule 4
146Incumbents in relation to Schedule 4 frequencies
146ATransfer of rights of incumbents in relation to television services
147Broadcasting Tribunal to certify incumbents
148Incumbent to give notice of intention to exercise transitional right
149Payments for licences
150Payment of annual levy
151Lump sum payment
152Return to accompany lump sum payment
153Transferee liable for payments
154Interpretation
155Transitional rights in relation to AMPS B Band
156Incumbent to give notice of intention to exercise transitional right
157Payments for management rights
158Payment of annual levy
159Lump sum payment
160Return to accompany lump sum payment
161Transferee liable for payments
162Transitional rights in relation to frequencies in Schedule 6
163Incumbent to give notice of intention to exercise transitional right
164Payments for licences
165Payment of annual fee
166Lump sum payment
167Transferee liable for payments
168Payment for registration as manager
169User of frequency entitled to be registered as manager
170Bodies specified in Schedule 7 entitled to licence
171Continuation of advertising restrictions, etc
172Amendment of advertising restrictions, etc
173Transitional rights of other licenceholders under Part 13
174Radio New Zealand Limited entitled to certain frequencies
175Conditions of licences relating to the FM Concert Programme and National Radio
176Conditions to lapse if public funding ceases
177Conditions of licences relating to AM Network
178Conditions of licences relating to 2YB service
179Crown not entitled to transitional rights
180Conditions deemed to be incorporated in licences granted to TV3
181Priorities under Part 12 of licences granted to incumbents
182Payments inclusive of goods and services tax
183Recovery of payments
Reprint notes

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