Radiocommunications Act 1989

2 Interpretation

(1)

In this Act, unless the context otherwise requires,—

adjacent frequencies emission limit, in relation to a record of management rights, means a limit specifying the maximum power of emissions permitted on a range of frequencies, being—

(a)

frequencies other than frequencies within the range of frequencies to which the record relates; and

(b)

frequencies within a range that has as its upper or lower limit a frequency that constitutes a boundary of the range of frequencies to which the record of management rights relates

adjacent manager, in relation to any adjacent frequencies emission limit or any proposed adjacent frequencies emission limit, means a manager whose record of management rights relates to a range of frequencies that include frequencies to which the adjacent frequencies emission limit or proposed adjacent frequencies emission limit applies or is proposed to apply

advertising programme has the meaning given to that term by section 2 of the Broadcasting Act 1989

approved radio engineer means a person for the time being approved by the Secretary under section 130

auditor means a person who is qualified for appointment as auditor of a company under the Companies Act 1993

boundary, in relation to the range of frequencies to which a record of management rights relates, means a frequency specified in that record of management rights as the upper or lower limit of that range

broadcast has the meaning given to that term by section 2 of the Broadcasting Act 1989

co-channel emissions means emissions (other than unwanted emissions) produced by 2 or more radio transmitters transmitting, in part or in whole, on frequencies in the same frequency band

Convention on International Civil Aviation means the Convention on International Civil Aviation signed on behalf of the Government of New Zealand in Chicago on 7 December 1944; and includes—

(a)

any amendment to the Convention which has entered into force under Article 94(a) of the Convention and has been ratified by New Zealand; and

(b)

any Annex or amendment to the Convention accepted under Article 90 of the Convention to the extent adopted by New Zealand; and

(c)

the international standards and recommended practices from time to time accepted and amended by the International Civil Aviation organisation under Article 37 of the Convention, to the extent adopted by New Zealand

court Registrar means the Registrar of a court; and includes any Deputy Registrar of a court

current management rights has the meaning given to it by section 47A(1)

e.i.r.p. means equivalent isotropically radiated power, being the power supplied to an antenna by a radio transmitter multiplied by the antenna gain of the antenna in a given direction relative to an isotropic antenna

emission means radiation produced, or the production of radiation, by a radio transmitter

financial year means the period of 12 months ending on 30 June

harmful interference means interference which endangers the functioning of a radionavigation service, or of other safety services, or seriously degrades, obstructs, or repeatedly interrupts radiocommunications

inappropriate receiver means a receiver prescribed as an inappropriate receiver by regulations made under section 134(1B)

induction means the process by which one electrical conductor having electrical or magnetic properties causes like properties in another electrical conductor, either with or without direct conduct with that other electrical conductor

infringement fee, in relation to an infringement offence, means the amount fixed by regulations made under section 134(1)(jb) as the infringement fee for the offence

infringement offence means—

(a)

an offence under section 24A:

(b)

an offence prescribed as an infringement offence in regulations made under section 134(1)(ja)

instrument means an instrument in any of the forms prescribed by regulations made under this Act for the purposes of any of the provisions of Parts 2 to 10

interference

(a)

means the effect of radio waves owing to 1 or more emissions, radiations, or inductions, or any combination of 1 or more of those things, on the reception of radiocommunications; but

(b)

does not include any effect on the reception of radiocommunications by inappropriate receivers

interfering equipment means any electrical conductor, or electrical or electronic apparatus or equipment of any kind, that is reasonably likely to cause or causes interference to radiocommunications; and includes any radio transmitter other than a radio transmitter operating in accordance with a spectrum licence or a radio licence issued under this Act, or in accordance with regulations made under this Act exempting radio transmitters from the need to obtain a radio licence

International Convention for the Safety of Life at Sea means the International Convention for the Safety of Life at Sea, done at London on 1 November 1974; and includes—

(a)

the Annex to that Convention; and

(b)

all amendments of that Convention; and

(c)

all protocols to that Convention

International Radio Regulations means the Radio Regulations annexed to the International Telecommunications Convention, done at Geneva in 1992; and includes any revisions of, or any regulations made in amendment to, or substitution for, such regulations

ITU-R reports and recommendations means the reports and recommendations of the Radiocommunication Sector of the International Telecommunication Union as adopted from time to time by the study groups or assemblies of the Sector; and includes, to the extent adopted by New Zealand,—

(a)

any amendments or additions to any such reports or recommendations; and

(b)

any reports or recommendations adopted in substitution for any such reports or recommendations

manager

(a)

means a person named in a record of management rights as the manager of the range of frequencies to which the record of management rights relates; and

(b)

includes,—

(i)

in relation to the transfer of management rights, a mortgagee who, in right of a mortgage of management rights, is entitled to exercise the power referred to in section 78(a):

(ii)

in relation to the granting of spectrum licences under section 48, a mortgagee who, in right of a mortgage of management rights, is entitled to exercise the power referred to in section 78(b)

Minister means the Minister of the Crown who, under the authority of any warrant or with the authority of the Prime Minister, is for the time being responsible for the administration of this Act

power floor means the minimum level of emissions, expressed in terms of e.i.r.p., specified in a record of management rights

programme has the meaning given to that term by section 2 of the Broadcasting Act 1989

protection area means the area or location described in a radio licence or a spectrum licence where the rightholder or holder of a radio licence has the right to have no harmful interference

protection limit, in relation to a record of management rights, means the limit specified in that record of management rights as the limit that no adjacent frequencies emission limit on any other record of management rights may exceed in relation to any frequency within the range of frequencies to which the first-mentioned record of management rights relates

radiation means the outward flow of radio waves from any source

radio apparatus means any apparatus intended for the purpose of radiocommunications, being a radio transmitter or a radio receiver, or any combination of them

radiocommunications means any transmission or reception of signs, signals, writing, images, sounds, or intelligence of any nature by radio waves

radio licence means a licence granted or deemed to have been granted under Part 13

Radio New Zealand means the public radio company within the meaning of section 2 of the Radio New Zealand Act 1995 to be known as Radio New Zealand Limited in accordance with section 19 of that Act; and includes any subsidiary of that company within the meaning of section 5 of the Companies Act 1993

radio receiver means apparatus designed to receive radio waves for the purpose of radiocommunications

radio transmitter means apparatus designed to produce radio waves for the purpose of radiocommunications

radio waves means electromagnetic waves of frequencies lower than 3 000 gigahertz, propagated in space without artificial guide

record of management rights

(a)

means a record of management rights constituted under section 10(2); and

(b)

includes a record of management rights created under section 45, 47, or 47B

reference standard means a standard or specification issued under section 133

register

(a)

when used as a noun, means the Register of Radio Frequencies established under section 5:

(b)

when used as a verb, means to record on the register

Registrar means the Registrar of Radio Frequencies appointed under section 4; and includes a Deputy Registrar of Radio Frequencies appointed under that section

rightholder

(a)

means the holder for the time being of a spectrum licence; and

(b)

includes a mortgagee who, in right of a mortgage of a spectrum licence, is entitled to enjoy or exercise the rights of the rightholder

Secretary means the chief executive of the department of State that, with the authority of the Prime Minister, is for the time being responsible for the administration of this Act

spectrum licence means a licence created under Part 6

successive management rights has the meaning given to it by section 47A(1)

supply means supply in the course of business; and includes supply (or resupply) by way of sale, exchange, lease, hire, or hire purchase

susceptible equipment means any electrical conductor, electrical or electronic apparatus, or equipment of any kind that is reasonably likely to malfunction in the presence of radio waves owing to 1 or more emissions, radiations, or inductions, or any combinations of 1 or more of those things

unwanted emission, in relation to a spectrum licence, means an emission outside the frequency band specified in the spectrum licence

unwanted emission limit, in relation to a spectrum licence, means a limit specified in the spectrum licence as the maximum power of emissions permitted on frequencies, being—

(a)

frequencies that are within a range of frequencies—

(i)

specified in the record of management rights to which a spectrum licence relates; or

(ii)

subject to the adjacent frequencies emission limit specified in the record of management rights to which the spectrum licence relates; and

(b)

frequencies that are not within the frequency band specified in the spectrum licence.

(2)

For the purposes of this Act, information is deemed to be recorded in the register when it has been entered and recorded in the computer (including ancillary devices used for the purpose of recording information in electronic form) for the time being used for the purpose of keeping the register.

Section 2(1): substituted, on 12 October 2001, by section 3 of the Radiocommunications Amendment Act 2000 (2000 No 8).

Section 2(1) co-channel emissions: amended, on 15 December 2005, by section 3 of the Radiocommunications Amendment Act (No 2) 2005 (2005 No 111).

Section 2(1) current management rights: inserted, on 31 October 2006, by section 5(1) of the Radiocommunications Amendment Act 2006 (2006 No 54).

Section 2(1) inappropriate receiver: inserted, on 31 October 2006, by section 5(2) of the Radiocommunications Amendment Act 2006 (2006 No 54).

Section 2(1) infringement offence: substituted, on 31 October 2006, by section 5(3) of the Radiocommunications Amendment Act 2006 (2006 No 54).

Section 2(1) interference: substituted, on 31 October 2006, by section 5(4) of the Radiocommunications Amendment Act 2006 (2006 No 54).

Section 2(1) Radio New Zealand: amended, on 5 December 2013, by section 14 of the Companies Amendment Act 2013 (2013 No 111).

Section 2(1) record of management rights: substituted, on 31 October 2006, by section 5(5) of the Radiocommunications Amendment Act 2006 (2006 No 54).

Section 2(1) Registrar: amended, on 20 September 2007, by section 4 of the Radiocommunications Amendment Act 2007 (2007 No 75).

Section 2(1) Secretary: substituted, on 31 October 2006, by section 5(6) of the Radiocommunications Amendment Act 2006 (2006 No 54).

Section 2(1) successive management rights: inserted, on 31 October 2006, by section 5(7) of the Radiocommunications Amendment Act 2006 (2006 No 54).